August 25, 2020

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

AUGUST 25, 2020

 

PAGE             ITEM

 

11                    3A-1                REVISED MOTION: 7) an Agreement with The Arc of the Glades, Inc. in an amount not-to-exceed $6,500 for a community playground utility trailer project;   (Admin)

 

43                    3I-3                 REVISED MOTION: Staff recommends motion to: A) approve a $100,000 grant to South Lake Apartments One North Lake, LLC; and B) authorize the County Administrator or designee to execute grant agreements, amendments thereto, and all other documents necessary for project implementation. (HES)

 

56                    3U-6               DELETED FOR FURTHER STAFF REVIEW (ISS)

 

81                    6C-1               DELETED FOR FURTHER STAFF REVIEW (F/R)

 

82                    6D-1               REVISED MOTION AND SUMMARY: Staff recommends motion to approve: A) Community Development Block Grant (CDBG) funding of $29,000 $41,676 to the Town of Mangonia Park for the construction of public sanitary sewer improvements in the Bryn Mawr neighborhood in Mangonia Park; and B) CDBG funding of $125,000 to the Town of Lake Clarke Shores for the installation of a water main serving the Seminole Manor Target Area and Maralago Mobile Home Park in unincorporated Palm Beach County. SUMMARY: The Department of Housing and Economic Sustainability (DHES) has identified $154,000 $166,676 in CDBG funds recaptured from various fiscal years from projects that were successfully completed under budget or projects which did not move forward.  DHES is proposing that these funds be used to support two public facilities and improvement projects. The Town of Mangonia Park will construct public sanitary sewer improvements in the right of ways of Jeffery Avenue and Sherwood Avenue to serve the residential Bryn Mawr neighborhood which is currently on private septic systems. CDBG Area of Hope funding of $316,372 was provided to this project in FY 2017-2018, however, when bids were received recently, the lowest responsive bid exceeded budget availability by $29,000 $41,676. The Town of Lake Clarke Shores will install a 12” potable water main on the west side of Lawrence Road to serve residences in the unincorporated Seminole Manor Target Area and Maralago Cay Mobile Home Park. Total construction cost of the project is estimated to be $525,000, and the Town will fund the non-CDBG balance of cost. These are Federal CDBG funds which do not require a local match. (HES)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

86                    6E-1                REVISED MOTION AND SUMMARY: Staff recommends motion to approve: a resolution supporting the construction of suitable markers on Bridge number 930361 on S.R. A1A/Jack Nicklaus Drive in Palm Beach County designating the bridge as “Gold Star Family Memorial Bridge, dedicated to Army Captain Joseph M. Berkson”. SUMMARY: Senator Bobby Powell introduced legislation during the 2020 legislative session seeking to honor Captain Joseph M. Berkson and other Gold Star Families with a bridge name designation in honor of their sacrifices while serving our country on military duty. The Florida Department of Transportation (FDOT), per the passage of Senate Bill 78 during the 2020 legislative session, has been directed to erect suitable markers on Bridge number 930361 on S.R. A1A/Jack Nicklaus Drive in Palm Beach County designating the bridge as “Gold Star Family Memorial Bridge, dedicated to Army Captain Joseph M. Berkson”. State law requires the local governing board to pass a resolution in this circumstance in order for designation markers to be constructed on roads in the county, and Commissioner Valeche has requested the Board of County Commissioners to pass such resolution. The Village of North Palm Beach will also be providing a resolution in support of the bridge marker designation. The roadway is within FDOT's jurisdictional limits, and FDOT will be responsible for the design, construction, and maintenance of the honorary designation. Captain Berkson served as a senior combat advisor with the South Vietnamese Rangers during the North Vietnamese army offensive of 1972.  While being airlifted from hostile activity, his helicopter was shot down and Captain Berkson will killed in the crash.  Captain Berkson is the recipient of the Silver Star Medal, the Bronze Star Medal, Purple Heart and the Combat Infantry Badge. (Admin)

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

AUGUST 25, 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 11-74)

 

 4.        SPECIAL PRESENTATIONS (Page 75)

 

 5.        PUBLIC HEARINGS - 9:30 A.M. (Pages 76-77)

 

 6.        REGULAR AGENDA (Pages 78-86)

 

 7.        BOARD APPOINTMENTS (Page 87)

 

 8.        STAFF COMMENTS (Page 88)

 

 9.        BCC COMMENTS (Page 89)

 

10.       ADJOURNMENT (Page 90)

 

 

 

 

* * * * * * * * * * *


AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 11

            3A-1    Agreements for various community improvement projects

Page 12

            3A-2    Resolution authority the County to join two organizations to help advance the County’s resilience initiatives

            3A-3    Golf Tournament Agreement with Trump International Golf Club, L.C. for a charitable golf tournament

 

B. CLERK & COMPTROLLER

Page 13

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

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

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

3B-6    Receive and file two Annual Financial Reports for fiscal year ended September 30, 2019

 

C. ENGINEERING & PUBLIC WORKS

Page 14

            3C-1   Resolution approving a tri-party railroad reimbursement agreement with the Florida Department of Transportation and the South Florida Regional Transportation Authority for modifications of the railroad grade crossing on 6th Avenue South

            3C-2   Change order to contract with Rosso Site Development, Inc. for the Lyons Road, Clint Moore Road to north of LWDD L-39 Canal project

            3C-3   Contract with Southwide Industries, Inc. for annual pavement marking

Page 15

            3C-4   Work task order to contract with Civil Design, Inc. for the Courtesy Maintained Roads Assessment Study

            3C-5   Receive and file Supplement Agreement and Amendments with Florida Department of Transportation for three road projects

            3C-6   Work task order to contract with Civil Design, Inc. for the Donald Ross Road from Prosperity Farms Road to east of Ellison Wilson Road project

Page 16

            3C-7   Resolution requesting an easement from the Board of Trustees of the Internal Improvement Trust Fund for a portion of land location on the north side of Donald Ross Road at the intersection with Max Planck Way

            3C-8   Change order to contract with Community Asphalt Corp for the Old Dixie Highway from Park Avenue to Northlake Boulevard project

Page 17

            3C-9   Contract with FG Construction for the Florida Mango Road over PBC L-2 Canal Bridge Replacement project

            3C-10 Change orders to contract with Kiewit Infrastructure South Co. for the Camino Real Road/Boca Club Bridge over the Intracoastal Waterway Bridge Rehabilitation project

Page 18

            3C-11 Work task order to contract with Keshavarz & Associates, Inc for the Hagen Ranch Road from Smith Farm Boulevard to Lantana Road project

            3C-12 Resolution approving a highway maintenance memorandum of agreement with the Florida Department of Transportation for the Australian Avenue from West 1st Street to West Blue Heron Boulevard street lighting project

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

C. ENGINEERING & PUBLIC WORKS (Cont’d)

Page 19

            3C-13 Street lighting agreement with Florida Power and Light transferring billing maintenance responsibility of street lights along Le Chalet Boulevard between Rose Marie Avenue West and Haverhill Road from the Le Chalet Homeowners Association to Palm Beach County

            3C-14 Contract with Propel Engineering, Inc. for the Lyons Road, north of Lake Worth Drainage District L-30 Canal to Boynton Beach Boulevard project

            3C-15 Contract with J.W. Cheatham, LLC for the Lyons Road, north of Lake Worth Drainage District L-14 Canal to Lake Worth Road and Lyons Road, Lake Worth Road to south of LWDD L-11 Canal project

Page 20

            3C-16 Contract with EAC Consulting, Inc. for the Kirk Road, Lake Worth Drainage District L-7 Canal to Summit Boulevard project

            3C-17 Contract with Drawdy Construction Company, Inc. for the Prairie Road over the Lake Worth Drainage District L-8 Canal project

Page 21

            3C-18 Work order to contract with Ranger Construction Industries, Inc. to mill and resurface Congress Avenue from Roberts Lane to Lake Worth Road

            3C-19 Resolution abandoning public interest in lake maintenance easements north of the Lake Worth Drainage District L-39 Canal and east of State Road 7

            3C-20 Resolution abandoning public interest in utility easement north of Hypoluxo Road and east of Lyons Road

Page 22

            3C-21 Work task order to contract with Mock, Roos & Associates, Inc. for the 10th Avenue North, west of Congress Avenue to I-95 Right-of-Way Study

            3C-22 Resolution abandoning public interest in utility easement north of Okeechobee Boulevard and west of Florida’s Turnpike

 

E. COMMUNITY SERVICES

Page 23

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

Page 24

            3E-2    Ratify the Mayor’s signature on the Emergency Food and Shelter Program Phase Coronavirus Aid, Relief and Economic Security Act application for the Emergency Food and Shelter National Board Program

Page 25

            3E-3    Agreements with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for various provisions for seniors

Page 26

            3E-4    Ratify the Mayor’s signature on modifications to the Florida Department of Economic Opportunity to provide economic and mobility services to low-income individuals and families

Page 27

            3E-5    Receive and file funding allocation notification of the Emergency Food and Shelter Program for the provision of rental payments to assist individuals and families in crisis

 

F. AIRPORTS

Page 27

            3F-1    First amendment to drainage agreement with Closter Farms, Inc. for drainage services in Pahokee

            3F-2    Receive and file documents connected with the Development Site Lease Agreement with PBI Post Distr. LLC for the development of a warehouse facility on the south side of Wallis Road, between Military Trail and Haverhill Road

 

 

 

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS (Cont’d)

Page 28

            3F-3    Utility Easement Agreement with Florida Power & Light Company for facilities on the south side of the Palm Beach County Park Airport

            3F-4    Utility Easement Agreement with Florida Power & Light Company for facilities on the west side of the Palm Beach International Airport

            3F-5    Declaration of Easement for water utility improvement in the Golfview area

            3F-6    Resolution delegating authority to the County Administrator or designee to execute grant applications and agreements benefitting the County’s Airport System

Page 29

            3F-7    Resolution approving an amendment to the Public Transportation Grant Agreement with the Florida Department of Transportation for the Concourse B Expansion project at the Palm Beach International Airport

            3F-8    Receive and file amendment to agreement with CVH PBI, LLC for deferral and repayment of fixed rental payments

Page 30

            3F-9    Receive and file amendment to agreement with Paradies-Palm Beach, LLC for reconciliation of the minimum annual guarantee

            3F-10  Resolution approving a Maintenance Memorandum of Agreement with the Florida Department of Transportation to maintain signage within the right of way of I-95

            3F-11  Resolution approving a Public Transportation Grant Agreement with the Florida Department of Transportation for Terminal Roof Improvements at the Palm Beach International Airport

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 31

            3G-1   Receive and file the Fiscal Year 2020/2021 Proposed Budget for Children’s Services Council of Palm Beach County

            3G-2   Request by Palm Beach County Tax Collector to order the 2020 tax roll to be extended prior to completion of the Value Adjustment Board hearings

            3G-3   Receive and file the Quarterly Reports of the FY 2019-2020 contract with the Department of Health for the operation of the Palm Beach County Health Department

            3G-4   Receive and file the Quarter Ending September 30, 2020 information for Children’s Services Council of Palm Beach County

            3G-5   Federally Funding Subaward and Grant Agreement with the State of Florida, Division of Emergency Management authorizing reimbursement of eligible project for Public Assistance funding for Coronavirus

Page 32

            3G-6   Negotiated settlement offer for David R. Hershberger

            3G-7   Negotiated settlement offer for Oscar Rojas Pro Dog Academy LLC

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 33

            3H-1   Receive and file amendment to contract with The Weitz Company, LLC for the installation of a temporary trailer at Fire Station No. 17

            3H-2   Amendment to contract with Robling Architecture Construction Inc. for the Fire Station No. 19 Generator Relocation and Replacement project

Page 34

            3H-3   Contract with Parsa Corporation for general minor construction services

Page 35

            3H-4   Contract with Ampro, Inc. for electrical services

            3H-5   Work order to contract with Pro Sound, Inc. for the Convention Center – Sound System Replacement project

Page 36

            3H-6   Amendment to contract with Asset Builders, LLC for the Belle Glade Senior Center Roof Replacement project

            3H-7   Receive and file agreement with Ric L. Bradshaw for use of county-owned property to wash PBSO owned vehicles in Belle Glade

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 37

            3H-8   Amended and restated agreement with Cambridge Security Services Corporation for interoperable communications

            3H-9   Amended and restated Interlocal Agreement with the Florida Forest Service for interoperable communications

Page 38

            3H-10 Contracts with two contractors for plumbing services

            3H-11 Amendment to contract with Asset Builders, LLC for the Pahokee Fleet Maintenance Garage Door Replacement project

Page 39

            3H-12 Declaration of Easement in favor of the Palm Beach County Water Utilities Department for water and fire services to the new Palm Beach County Sheriff’s Office Forensic Sciences and Technology Facility

            3H-13 Work order to contract with Davco Electrical Contractors for the Okeeheelee Park – Ski Course, Softball and Multipurpose Field Lighting Replacement project

Page 40

            3H-14 Contracts with four contractors for renovate the Pahokee and Belle Glades Facilities for the Non-Congregate Sheltering Strategy for the Western Communities

Page 41

            3H-15 Contract with Currie Sowards Aguila Architects, Inc. for the development and implementation of a Fire Rescue Comprehensive Fire Station Capital Improvements Program

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 41

            3I-1     Nomination of Bobby “Tony” Smith as Chairperson of the Housing Finance Authority

Page 42

            3I-2     Receive and file documents for loans made to ARK 305 LLC to own and operate a Papa John’s Pizza franchise in Belle Glade

Page 43

            3I-3     Grant to South Lake Apartments, LLC for a multi-family housing rental project in Pahokee

            3I-4     Certification of Consistency with the Consolidated Plan for Palm Beach County’s Division of Human and Veteran’s Services

Page 44

            3I-5     Loan agreements between Malibu Bay Preservation, Ltd. and Executive Trust, Ltd. to provide an affordable housing rental project in West Palm Beach

 

J. PLANNING, ZONING & BUILDING

Page 45

            3J-1    Reappointment to the Building Code Advisory Board

 

K. WATER UTILITIES

Page 45

            3K-1    Partial Release of Utility Easement for Sinai Residences

Page 46

            3K-2    Release and partial release of easements for the Sherbrooke Center

            3K-3    Indemnity Agreement with CMSJR Development Group, LLC for property located on Okeechobee Boulevard, west of Skees Road

            3K-4    Work authorization to contract with Centerline Utilities, Inc. for the Orange Boulevard, Force Main Extension & Seminole Pratt Whitney Road Pigging Stations project

Page 47

            3K-5    Grant agreement with the State of Florida Department of Environmental Protection for the Western Region North Wastewater Treatment Facility Sand and Grit Removal

Page 48

            3K-6    Receive and file two emergency extension to contracts

 

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 49

            3L-1    Amendment to agreement with the South Florida Water Management District for water quality data in the Lake Worth Lagoon

            3L-2    Receive and file task assignment to contract with Florida Fish and Wildlife Conservation Commission to provide aquatic vegetation control services for county bodies of water

            3L-3    Receive and file task assignment to contract with the State of Florida, Department of Environmental Protection for cleanup of petroleum contamination sites

Page 50

            3L-4    Receive and file task assignment to contract with the State of Florida, Department of Environmental Protection for compliance inspection of petroleum storage tank facilities

 

M. PARKS & RECREATION

Page 50

            3M-1   Budget transfer for the Okeeheelee Golf Course Greens Renovation project

            3M-2   Receive and file extension to Vending Service Agreement with the Florida State Department of Education, Division of Blind Services

 

P. COOPERATIVE EXTENSION SERVICE

Page 51

            3P-1    Donation from the Friends of the Mounts Botanical Garden, Inc. for the display of Moai statues

            3P-2    Agreement with the Palm Beach Soil and Water Conservation District to provide soil and water resource conservation services

 

            Q. CRIMINAL JUSTICE COMMISSION

Page 52

            3Q-1   Receive and file amendments to contracts to include various modifications

 

S. FIRE RESCUE

Page 53

            3S-1    Authorize the Mayor to execute Certificate to Non-Ad Valorem Assessment Roll for the Municipal Service Benefit Unit for Fire Hydrant Maintenance and Rental in Riviera Beach

            3S-2    Write off of uncollectible emergency transport patient accounts

            3S-3    Appointment to the Fire Code Board of Appeals and Adjustments

Page 54

            3S-4    Memorandum of Agreement with the Children’s Services Council of Palm Beach County for the Drowning Prevention Coalition

 

U. INFORMATION SYSTEMS SERVICES

Page 54

            3U-1   Receive and file task order to contract with Woolpert, Inc. for the 2019 Palm Beach County Coastal Orthophotography Program

            3U-2   Receive and file Addendum Agreement with AT&T for the AT&T Emergency Call Tracking System

Page 55

            3U-3   Rescind and replace Interlocal Agreement with the Town of Juno Beach for network and phone services

            3U-4   Rescind and replace Interlocal Agreement with the Village of Wellington for network services

            3U-5   Rescind and replace Interlocal Agreement with the City of West Palm Beach for network services

Page 56

            3U-6   Rescind and replace Interlocal Agreement with the School Board of Palm Beach County for network services

 

 

           

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

X. PUBLIC SAFETY

Page 56

            3X-1    Receive and file amendment to contract with the Florida Council Against Sexual Violence revising the community assessment requirements

Page 57

            3X-2    Receive and file five Grant Adjustment Notices for the Second Chance Act Innovations in Reentry Initiative grant

            3X-3    Receive and file first amendments to contracts for Adult and Youth Reentry Services

Page 58

            3X-4    Receive and file second amendments to contracts for Adult and Youth Reentry Services

            3X-5    Receive and file modification to Federally-funded Subgrant Agreement with the State of Florida, Division of Emergency Management for the FY 2019-20 Emergency Management Performance Grant

            3X-6    Receive and file amendment to agreement with the Florida Commission on Community Services for training and supplies for the Community Response Emergency Response Team

Page 59

            3X-7    Receive and file extension award letter from the City of Miami for the FY 2018-2019 Urban Area Security Initiative

            3X-8    Urban Area Security Initiative GY 2019 – Award Letter

            3X-9    Florida E011 Board special disbursement to help with COVID-19 expenses for 911

Page 60

            3X-10 Receive and file contract renewal to contract with the State of Florida, Department of Health to receive funding from the Florida Legislature for sexual assault services to victims

            3X-11 Receive and file purchase order for contractual reentry services from the Florida Department of Corrections

Page 61

            3X-12 Receive and file emergency contracts with six hotels for non-congregate shelter services related to Coronavirus

Page 62

            3X-13 Receive and file Declarations and Emergency Orders related to COVID-19 for the month of March, 2020

Page 63

            3X-14 Receive and file Declarations and Emergency Orders related to COVID-19 for the months of March and April, 2020

Page 64

            3X-15 Receive and file Declarations and Emergency Orders related to COVID-19 for the month of May, 2020

Page 65

            3X-16 Receive and file Emergency Orders related to COVID-19 for the months of June and July, 2020

Page 66

            3X-17 Receive and file Declarations related to COVID-19 for the months of June and July, 2020

 

Z. RISK MANAGEMENT

Page 67

            3Z-1    Ratify the Mayor’s signature on Quarter Federal Excise Tax Return and payment of the Patient-Centered Outcomes Research Institute fee

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

AA. PALM TRAN

Page 67

            3AA-1 Letter of Understanding with the Amalgamated Transit Union Local 1577 granting compensatory time to certain Palm Tran employees

Page 68

            3AA-2 Resolution approving a Public Transportation Grant Agreement with the State of Florida Department of Transportation to fund a portion of a position in Mobility Management

 

BB. YOUTH SERVICES

Page 69

            3BB-1 Contract with Tonise Florexil, to complete a 2,000 hour requirement for clinical work

            3BB-2 Cares Act Funding Agreement with Early Learning Coalition of Palm Beach County, Inc. for child care scholarships

 

CC. INTERNAL AUDIT

Page 70

            3CC-1 Receive and file audit reports for June 17, 2020

 

            DD. SHERIFF

Page 70

            3DD-1 Bureau of Justice Assistance Bulletproof Vest Partnership Grant for the purchase of bulletproof vests

Page 71

            3DD-2 Budget transfer from the Law Enforcement Trust Fund to provide crime prevention and drug abuse education

Page 72

            3DD-3 Federally-funded subaward and grant agreement for a FY17 State Homeland Security Grant for equipment for the SWAT Specialty team

            3DD-4 Receive and file amendments to the contract with Florida Department of Education to implement a Safe Schools Security Guard Training Program

            3DD-5 Contract with the Florida Council Against Sexual Violence for a detective to investigate sex crimes against victims 11 years of age and older

Page 73

            3DD-6 TSA NEDCTP contract award to offset the costs of five canine teams at the Palm Beach International Airport

            3DD-7 Receive and file grant adjustments to contract with the Florida Department of Law Enforcement related to the workweek and overtime

 

            EE. TOURIST DEVELOPMENT COUNCIL

Page 73

            3EE-1 Receive and file agreement managed by the Palm Beach County Sports Commission, Inc. for the promotion of the South Florida Collegiate Baseball League

 

            FF. OFFICE OF EQUAL OPPORTUNITY

Page 74

            3FF-1 Ratify the Mayor’s signature on a Cooperative Agreement with the U.S. Department of Housing and Urban Development to purchase technology assets

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

SPECIAL PRESENTATIONS

 

Page 75

            4A       COVID-19 Update by Dr. Alonso and County Staff

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PUBLIC SAFETY

Page 76

            5A-1    Issuance of a Special Secondary Services Certificate of Public Convenience and Necessity to Cambridge Security Services Corporation for The Bear’s Club Property Owner’s Association

 

            B. WATER UTILITIES

Page 76

            5B-1    Resolution confirming the Special Assessment Roll for the Mahogany Lane Water Main Extension project

 

            C. TOURIST DEVELOPMENT COUNCIL

Page 77

            5C-1   Ordinance amending the Tourist Development Tax Ordinance establishing a 2020 stimulus fund to promote County tourism

 

 

REGULAR AGENDA

 

A. TOURIST DEVELOPMENT COUNCIL

Page 78

            6A-1    Tourism Stimulus Marketing Recovery Plans

 

            B. FACILITIES DEVELOPMENT AND OPERATIONS

Page 78

            6B-1    Resolution authorizing conveyance of three parcels of surplus property to the Village of Palm Springs

Page 79

            6B-2    Resolution authorizing an amendment to Concessionaire Service Agreement with Hawkhaven, LLC for operation of concession building at Carlin Park

Page 80

            6B-3    Consultant Services Authorization to contract with Song & Associates Inc. for the Supervisor of Elections Production Facility project

Page 81

            6B-4    Amendment to contract with Hedrick Brothers Construction Co., Inc. for the Detention Facilities Renewal/Replacement – Main Detention Center East and South Towers project

 

            C. FIRE RESCUE

Page 81

            6C-1   Personal Protective Equipment Decontamination Services Agreement with Battelle Memorial Institute

 

D. HOUSING AND ECONOMIC SUSTAINABILITY

Page 82

            6D-1   Community Development Block Grant to the Town of Mangonia Park for sanitary sewer improvements in the Bryn Mawr neighborhood

Page 83

            6D-2   Requalification amendment to Interlocal Cooperation Agreements with 29 municipalities

Page 84

            6D-3   Allocation of Florida Housing Finance Corporation Coronavirus Relief Fund dollars to assist Floridians with emergency repairs

Page 85

            6D-4   Allocation of Emergency Solutions Grant Coronavirus Program funding to assist the homeless and those at risk of homelessness with shelter

AUGUST 25, 2020

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA CONTINUED

 

            E. ADMINISTRATION

Page 86

            6E-1    Resolution supporting the construction of bridge markers on SR A1A/Jack Nicklaus Drive in designating the bridge as “Gold Star Family Memorial 44, dedicated to Army Captain Joseph M. Berkson

            6E-2    CareerSource Palm Beach to serve as the one-stop operator for Local Workforce Development Area 21

 

 

BOARD APPOINTMENTS (Page 87)

 

STAFF COMMENTS

Page 88

            8A-1    Receive and file Board Directive Reports

 

COMMISSIONER COMMENTS (Page 89)

 

ADJOURNMENT (Page 90)


AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to:

 

A) approve the following agreements (Agreements) to implement various community improvement projects and initiatives through the Office of Community Revitalization’s Neighborhood Engagement and Transformation (NEAT) Grants Program for a total of $149,500:

 

1) an Agreement with Cabana Colony Residents League, Inc. in an amount not-to-exceed $15,500 for an address plaque project ($6,000); and an address yard sign project ($9,500);

2) an Agreement with Limestone Creek Advocates, Inc. in an amount not-to-exceed $18,000 for a park enhancement project ($8,000); and Life Safety and Emergency Preparedness project ($10,000);

3) an Agreement with Cannongate Property Owner’s Association, Inc. in an amount not-to-exceed $30,000 for a security enhancement project ($10,000); a parking restriping project ($10,000); and a bulletin board project ($10,000);

4) an Agreement with Community Faith Outreach Ministries, Inc. in an amount not-to-exceed $10,000 to purchase items for a community garden expansion project;

5) an Agreement with Country Club Acres Association Inc. in an amount not-to-exceed $20,000 for a welcome wall and lighting project ($10,000); and a lighting and landscaping project ($10,000);

6) an Agreement with  Student ACES, Inc. in an amount not-to-exceed $10,000 for a high impact security door project;

7) an Agreement with The Arc of the Glades, Inc. in an amount not-to-exceed $6,500 for a community playground utility trailer project;

8) an Agreement with Palm Beach County Sheriff’s Office in an amount not-to-exceed $19,500 for a multipurpose trailer project ($9,500); and a community equipment project ($10,000);

9) an Agreement with Paint Your Heart Out Palm Beach County, Inc. in an amount not-to-exceed $10,000 for a painting and beautification project; and

10) an Agreement with Rebuilding Together of the Palm Beaches, Inc. in an amount not-to-exceed $10,000 for a home repair project; and

 

B) delegate authority to the County Administrator or designee to approve minor changes to the scope of work of these Agreements that do not increase the awarded grant funding.

 

SUMMARY: The NEAT Grants Program was established by the Board of County Commissioners (BCC) on March 13, 2018, to provide funding for eligible neighborhood improvement projects and initiatives proposed in neighborhoods located within unincorporated Palm Beach County and the Lake Region municipalities, with funding priority given to Countywide Community Revitalization Team neighborhoods. A NEAT Agency Review Committee, comprised of representatives from the Planning, Zoning and Building Department, Engineering, Land Development, Purchasing, Parks and Recreation, Emergency Management, Public Affairs, the Palm Beach County Sheriff’s Office, and Risk Management, was formed to review the applications and recommend projects for funding. The committee evaluated the 35 applications received and recommended 16 projects for funding in an amount totaling $149,500. This agenda item includes 10 Agreements for the recommended 16 projects.  The projects will be completed in FY 2021 and include a variety of activities.  Staff is requesting BCC approval of the Agreements and related funding.  Staff is also requesting that the BCC delegate authority to the County Administrator or designee to approve minor changes to the scope of work which do not increase the total amount of the awarded grant funding. Countywide (HH)

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION (Cont’d)

 

2.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida (Board), authorizing the County to join the Urban Sustainability Directors Network (USDN) and continue memberships with the Southeast Sustainability Directors Network (SSDN) and Resiliency Florida to help advance the County’s resilience initiatives. SUMMARY: The Board authorized the creation of the Office of Resilience (OOR) to serve as a resource, catalyst, and advocate for Palm Beach County’s resilience and sustainability efforts. OOR seeks to help advance its initiatives by joining USDN and renewing its SSDN and Resiliency Florida memberships. USDN is a professional network with members from over 215 cities and counties in North America. Joining USDN helps local government sustainability directors make change in their communities faster, better, and more efficiently through peer learning and collaboration. SSDN is a professional network of government officials from Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee who collaborate to accelerate sustainable best practices of the region and help members build capacity. Resiliency Florida is a non-profit organization that promotes resilient strategies and helps communities plan for, and adapt to, extreme weather impacts throughout Florida. Funding is available in the current FY2020 budget to support the $8,690 in total membership fees. Countywide (RPB)

 

3.         Staff recommends motion to approve: a Golf Tournament Agreement between Palm Beach County, Trump International Golf Club, L.C. and the Jupiter Children’s Foundation for a one day charitable golf tournament to the held on November 2, 2020. SUMMARY:   The Development Site Lease Agreement with the Trump International Golf Club, L.C. (TIGC), approved on September 3, 1996 (R96-1277D), allows the use of the golf course during the months of May through October for the County to host either a single two-day, or two one-day charitable golf tournament(s). The Golf Tournament Agreement provides for the Trump International Golf Club to be available exclusively for the tournament to be held on November 2, 2020. Proceeds from the tournament will benefit the Jupiter Children’s Foundation. Pursuant to the County’s policy pertaining to the rotation schedule for selecting an organization to participate in the charity golf tournament, District 1 has chosen the Jupiter Children’s Foundation for this year. In light of COVID-19 and orders related to COVID-19 and recreational facilities, the contract includes additional language that allows for cancellation of the tournament due to COVID-19, as well as, complete adherence to any state and local laws and orders in place by the date of the tournament. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

                        Meeting Type                                                          Meeting Date

                        Zoning                                                                       January 27, 2020

                        Joint Meeting PBC League of Cities                     February 24, 2020

                        Zoning                                                                       February 27, 2020

                        Regular                                                                      March 10, 2020

                        Regular                                                                      March 17, 2020

                        Special                                                                       April 14, 2020

 

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

 

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

 

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

 

6.         Staff recommends motion to receive and file: two of Palm Beach County’s annual financial reports for fiscal year ended September 30, 2019.

 

            A) The Units of Local Government – Annual Financial Report (AFR); and

 

            B) The Annual Financial Audit Report (AFAR), including the Single Audit Report.

 

            SUMMARY: The Units of Local Government Report is an Annual Financial Report which serves to generate input to the state. The Annual Financial Audit Report is a special annual financial report defined in Chapter 10.550 of the rules of the Auditor General. This report is required to be filed annually with the Auditor General in compliance with Section 11.45, Florida Statutes and includes the Single Audit Report. Countywide

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to:

 

A) adopt a resolution approving a tri-party railroad reimbursement agreement with the Florida Department of Transportation (FDOT) and the South Florida Regional Transportation Authority (SFRTA) for modifications at the SFRTA railroad grade crossing on 6th Avenue South, FDOT/AAR Crossing Number 628146G, to accommodate FDOT’s I-95 project, FM#436963-1-57-01; and

 

B) approve the tri-party railroad reimbursement agreement with the FDOT and the SFRTA for modifications at the SFRTA railroad grade crossing on 6th Avenue South.

 

SUMMARY:  Adoption of the resolution and approval of the agreement will allow the SFRTA to make modifications to the railroad grade crossing on 6th Avenue South, which is a Palm Beach County right-of-way, required to accommodate the FDOT’s highway improvement project at I-95 and 6th Avenue South. The SFRTA will perform all work associated with the modifications and the FDOT will reimburse the SFRTA for all material and construction costs. The SFRTA will be responsible for maintenance and operation of the modifications. The County has to be a party to this agreement as we are the license holder of the railroad crossing agreement. District 3 (YBH)

 

2.         Staff recommends motion to approve: Change Order No. 9 with Rosso Site Development, Inc. (RSD) for a contract time extension of 48 days to the Lyons Road, Clint Moore Road to north of LWDD L-39 Canal project (R2018-1322).  SUMMARY:  Per PPM CW-F-050, the time extension in this change order exceeds staff approval authority, and requires the Board of County Commissioners approval. Change Order No. 9 is for delays associated with Florida Power & Light conflicts with the proposed mast arm installation and new sidewalks, and will extend the contract time by 48 days resulting in a new completion date of November 12, 2019. The final walk through confirming construction was completed per project specifications was December 14, 2019. However, follow up change orders are standard practice to settle contractor remaining claims for costs incurred, and they can take an inordinate amount of time to negotiate. Change Order No. 9 is the final change order to closing out the project. The contract was approved on September 18, 2018, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time. The SBE goal for all contracts was 15%. RSD committed to 20% SBE participation. Their SBE participation for this change order is 0%, and their cumulative SBE participation to date, including this change order, is 20.3%. RSD is a Palm Beach County based company. District 5 (YBH)

 

3.         Staff recommends motion to approve:  an annual pavement marking contract with Southwide Industries, Inc. (Southwide) in an amount not to exceed $7,000,000.  SUMMARY: Approval of this contract will provide for installation of pavement markings on an as needed basis throughout Palm Beach County. Southwide has agreed to 100% SBE participation, however, the affirmative procurement initiative selected by the Goal Setting Committee is the Small Business Enterprise price preference. Southwide, a certified SBE with the Office of Equal Business Opportunity is the lowest responsive, responsible bidder. This contract will be in effect for 36 months from the date of approval by the Board of County Commissioners. Countywide (YBH)

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

4.         Staff recommends motion to approve: a work task order to the Annual Civil Engineering Professional Services Contract (R2019-0715) dated June 4, 2019 (Contract) with Civil Design, Inc. (CDI) in the amount of $432,990.45 for the Courtesy Maintained Roads Assessment Study (Project). SUMMARY: Approval of this work task order will provide the design services necessary for the Project. An assessment of Palm Beach County’s courtesy maintained roadways is required to determine which roadways need to be improved to meet minimum roadway design standards. Per the Contract, as amended, the Affirmative Procurement Initiative for the contract is 20% Small Business Enterprise (SBE) participation. CDI agreed to 100% SBE participation for this work task order. Their cumulative SBE participation to date including this work task order is 99%. CDI is a Palm Beach County based company. Countywide (YBH)

 

5.         Staff recommends motion to receive and file:

 

A) Supplemental Agreement Number 1 to the State-Funded Grant agreement, R2018-0364, with the Florida Department of Transportation (FDOT) for the design of improvements at State Road 7 and Weisman Way extending the expiration date of the agreement from June 30, 2020 to December 30, 2020;

 

B) Amendment Number 6 to the County Incentive Grant Program (CIGP) agreement, R2013-1291, with the FDOT for the design of the Congress Avenue extension from Northlake Boulevard to Alt A-1-A extending the expiration date of the agreement from June 30, 2020 to June 30, 2021; and

 

C) Amendment Number 3 to the CIGP agreement, R2016-0609, with the FDOT for the right of way acquisition of the Congress Avenue extension from Northlake Boulevard to Alt A-1-A extending the expiration date of the agreement from June 30, 2020 to June 30, 2021.

 

SUMMARY:  In accordance with Countywide PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating department as a receive and file agenda item. As authorized by Resolution R2012-0035, and delegation from the County Administrator, the Deputy County Engineer approved Supplemental Agreement Number 1 on April 13, 2020 and Amendment Numbers 6 and 3 on May 20, 2020. Districts 1 & 6 (YBH)

 

6.         Staff recommends motion to approve: a work task order to the Annual Civil Engineering Professional Services Contract (R2019-0715) dated June 4, 2019 (Contract) with Civil Design, Inc. (CDI) in the amount of $212,521.81 for the Donald Ross Road from Prosperity Farms Road to east of Ellison Wilson Road project.  SUMMARY: Approval of this work task order will provide the professional services necessary to design the widening of Donald Ross Road from four lanes to six lanes. The Contract requires CDI to adhere to a 20% mandatory Small Business Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative. CDI agreed to 96.37% SBE participation for this work task order. Their cumulative SBE participation to date including this work task order is 96.79% for the Contract. CDI is a Palm Beach County based company. District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

7.         Staff recommends motion to adopt: a resolution supporting the application requesting an easement from the Board of Trustees of The Internal Improvement Trust Fund (TIITF) of the State of Florida pursuant to Section 18.208 (3)(D), Florida Administrative Code, for a portion of land located on the north side of Donald Ross Road at the intersection with Max Planck Way. SUMMARY:  A developer installed a new traffic signal at the intersection of Donald Ross Road and Max Planck Way within the municipal limits of the Town of Jupiter (Project). Portions of the Project were installed within property owned by TIITF. In order for Palm Beach County (County) to accept the Project for maintenance as part of its traffic control jurisdiction, the County needs an easement for legal access from TIITF. The County will formally accept the Project for maintenance from the developer once TIITF provides the needed easement. District 1 (YBH)

 

8.         Staff recommends motion to approve: Change Order No. 6 with Community Asphalt Corp. (CAC) in the amount of $148,503.44 and a contract time extension of 328 days to the Old Dixie Highway from Park Avenue to Northlake Boulevard project (R2016-1316).  SUMMARY:  Per PPM CW-F-050, this change order exceeds the threshold of $100,000 and allowable time extensions relating to staff approvals of change orders to contracts, and requires the Board of County Commissioners (BCC) approval. Change Order No. 6 will compensate CAC for costs and delays associated with plan revisions, overhead utility conflicts, utility pole conflicts, weather days and holidays, and will extend the contract time by 328 days resulting in a new completion date of September 20, 2019. On August 21, 2019, CAC submitted a claim for additional contract time and compensation. The final walk through confirming construction was completed per project specifications was October 16, 2019. Negotiations between CAC and Palm Beach County commenced and an agreement was reached on November 19, 2019. On June 10, 2020, CAC submitted all required documentation and Change Order No. 6 was prepared. The contract was approved on September 27, 2016, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time. The SBE goal for all contracts was 15%. CAC committed to 15.6% SBE participation. Their SBE participation for this change order is 4.1%, and their cumulative SBE participation to date, including this change order, is 11.6%. CAC is a Palm Beach County based company. Districts 1 & 7 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

9.         Staff recommends motion to:

 

A) approve a contract with FG Construction, LLC (FGC) in the amount of $841,718.02 for the construction of the Florida Mango Road over PBC L-2 Canal Bridge Replacement (Project);

 

B) receive and file an interlocal agreement with the City of West Palm Beach (City) for joint participation and project funding for construction of utility adjustments for the Project in the amount of $110,942.78; and

 

C) approve a budget amendment of $110,943 in the Transportation Improvement Fund to recognize reimbursement funding from the City and appropriate it to the Project.

 

SUMMARY:  Approval of this contract and budget amendment will allow Palm Beach County to issue a notice to proceed to FGC, a Broward County based company, to begin construction of the Project. The Project consists of replacing the Florida Mango Road bridge over the PBC L-2 Canal. The Affirmative Procurement Initiatives selected for this contract on August 7, 2019 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and a 3% Minority Business Enterprise (MBE) participation. FGC has agreed to 33% SMBE participation. FGC was the lowest responsive bidder of five. The budget amendment will recognize funding from the City, as agreed to in the interlocal agreement, for utility work they requested. The contract time for the Project is 210 calendar days. Districts 2 & 7 (YBH)

 

10.       Staff recommends motion to approve:

 

A) Change Order No. 7 with Kiewit Infrastructure South Co. (Kiewit) in the amount of $53,781.54 to replace the deteriorated Florida Power and Light service point for the Camino Real Road/Boca Club Bridge over the Intracoastal Waterway Bridge Rehabilitation, R2017-1202 (Project);

 

B) Change Order No. 8 with Kiewit in the amount of $37,365.48 to furnish and install CCTV camera system upgrades for the Project;

 

C) Change Order No. 9 with Kiewit in the amount of $15,354 to adjust the span locks receiver shims for the Project;

 

D) Change Order No. 10 with Kiewit in the amount of $8,712.91 for an apprentice incentive payment reimbursement; and

 

E) Change Order No. 11 with Kiewit in the amount of $413,626.54 for work, labor, time, equipment, and materials deemed necessary by the Engineer of Record (Wantman Group, Inc.), Road and Bridge personnel, and the Construction Engineering and Inspection Consultant (AE Engineering, Inc.); and for 75 additional contract days.

 

SUMMARY: Per PPM CW-F-050, the total of these change orders exceeds the threshold of $100,000 relating to staff approvals of change orders to contracts, and requires the Board of County Commissioners approval. Approval of these change orders will compensate Kiewit for unforeseen additional work deemed necessary for the Project. The time extension of 75 days changed the completion date to October 3, 2019. The contract was approved on September 26, 2017, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time. The SBE goal for all contracts was 15%. Kiewit committed to 15.9% SBE participation. The SBE participation for Change Order 7 is 100%, the SBE participation for Change Orders 8, 9, 10, and 11 is 0%, the cumulative SBE participation for this project, including these change orders, is 15%. District 4 (YBH)

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

11.       Staff recommends motion to approve: a work task order to the Annual Civil Engineering Professional Services Contract (R2019-0716) dated June 4, 2019 with Keshavarz & Associates, Inc., (Keshavarz) in the amount of $194,051.72 for the Hagen Ranch Road from Smith Farm Boulevard to Lantana Road project.  SUMMARY:  Approval of this work task order will provide the professional services necessary to design the roadway widening, drainage improvements, and milling and resurfacing. The contract requires Keshavarz to adhere to the 20% Small Business Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative. Keshavarz agreed to 98.9% SBE participation for this work task order. The cumulative SBE participation to date including this work task order is 98.9%. Keshavarz is a Palm Beach County based company and a certified SBE company. District 3 (YBH)

 

12.       Staff recommends motion to:

 

A) adopt a resolution to approve a highway maintenance memorandum of agreement (HMMOA) with the Florida Department of Transportation (FDOT) for the installation of a decorative street lighting system along Australian Avenue from West 1st Street to West Blue Heron Boulevard (Project);

 

B) approve the HMMOA with the FDOT for the Project; and

 

C) approve an interlocal agreement with the City of Riviera Beach (City) to assign ownership, operation, and maintenance responsibility of the Project to the City.

 

SUMMARY:  Adoption of this resolution and approval of the HMMOA will support the FDOT’s installation of the Project. The Project will be completed by FDOT and will be constructed in Palm Beach County (County) right-of-way (ROW). The HMMOA is required to provide authority to the FDOT to construct the Project within the County’s ROW. Construction shall be funded by FDOT at an estimated cost of $3,200,000. The County will have no financial obligations for the Project. Upon completion of the Project, ownership, operation, and maintenance responsibility will be assigned to the City. The City shall apply for a ROW permit from the County prior to any and all maintenance and operation of the Project. District 7 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

13.       Staff recommends motion to:

 

A) approve the expenditures for maintenance costs of ten existing street lights along Le Chalet Boulevard between Rose Marie Avenue West and Haverhill Road;

 

B) approve updated standard statewide Florida Power and Light Company (FPL) agreements for street lighting projects; and

 

C) adopt a resolution delegating authority to the County Administrator or designee to execute future FPL agreements, any future updated standard agreements, and any substantially similar agreements for street lighting projects.

 

SUMMARY: The street lights were previously built and maintained by FPL with the Le Chalet Homeowner’s Association (HOA) paying for all charges. Le Chalet Boulevard has expanded into a four-lane thoroughfare road with sufficient right-of-way to meet Palm Beach County’s (County) requirements for funding under the Street Lighting Policy. The County will be responsible for all future street lighting related costs from FPL, excluding the underground wiring charges, as is County practice. The HOA will continue to pay the underground wiring charges. On July 13, 2004 and May 16, 2017, the Board of County Commissioners authorized the County Administrator or designee to execute FPL’s standard statewide agreements. FPL has since updated the agreements. The Engineering Department requests authorization be granted to the County Administrator or designee to execute future updated FPL agreements for street lighting projects. The updated FPL agreements have been reviewed by the County Attorney’s office and Risk Management. District 3 (YBH)

 

14.       Staff recommends motion to approve: a contract with Propel Engineering, Inc. (PEI), in the amount of $1,176,850.56 for professional engineering services for Lyons Road, north of Lake Worth Drainage District L-30 Canal to Boynton Beach Boulevard (Project). SUMMARY:  Approval of this contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. Project improvements include roadway reconstruction and widening from two lanes to four lanes divided. The solicitation for design professionals was advertised on April 8, 2018 and April 15, 2018, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at the time with final selection taking place on July 25, 2018. The typical time frame from consultant selection to contract approval by the Board of County Commissioners (BCC) is within ten months.  However, presentation of this contract to the BCC was delayed by staff turnover combined with an unusually high volume of contracts. The SBE goal for all contracts was 15%.  PEI agreed to 80% SBE, but surpassed that participation with 88.68%. PEI is a Palm Beach County based company. District 5 (YBH)

 

15.       Staff recommends motion to approve: a contract with J.W. Cheatham, LLC (Cheatham) in the amount of $7,153,789.08 for the construction of Lyons Road, north of Lake Worth Drainage District (LWDD) L-14 Canal to Lake Worth Road and Lyons Road, Lake Worth Road to south of LWDD L-11 Canal (Project). SUMMARY:  Approval of this contract will allow Palm Beach County to issue a notice to proceed to Cheatham, a Palm Beach County based company, to begin construction of the Project. The Project consists of roadway reconstruction and widening, signalization and utility improvements for the Water Utilities Department. The Affirmative Procurement Initiative selected for this contract on March 4, 2020 by the Goal Setting Committee is 13% minimum mandatory Small Business Enterprise (SBE) participation. Cheatham has agreed to 17% SBE participation. Cheatham was the lowest responsive bidder of the seven bids received. The contract time for the Project is 450 calendar days. District 6 (YBH)

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

16.       Staff recommends motion to approve:  a contract with EAC Consulting, Inc. (EAC), in the amount of $357,510.18 for professional engineering services for Kirk Road, Lake Worth Drainage District (LWDD) L-7 Canal to Summit Boulevard (Project).  SUMMARY:  Approval of this contract will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. Project improvements include expanding the existing two lane roadway to a three lane roadway with a central two way left turn lane. The solicitation for design professionals was advertised on March 18, 2018 and March 25, 2018, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance in place at the time, with final selection taking place on June 12, 2018. The typical time frame from consultant selection to contract approval by the Board of County Commissioners (BCC) is within ten months. However, presentation of this contract to the BCC was delayed by staff turnover combined with an unusually high volume of contracts. The SBE goal for all contracts was 15%. EAC agreed to 17% SBE participation, but surpassed that with 27.5% SBE participation. EAC is a Palm Beach County based company. District 2 (YBH)

 

17.       Staff recommends motion to:

 

A) approve a contract with Drawdy Construction Company, Inc. (Drawdy) in the amount of $958,775.50 for the construction of Prairie Road over the Lake Worth Drainage District (LWDD) L-8 Canal (Project);

 

B) receive and file an interlocal agreement with the Village of Palm Springs (Village) for joint participation and project funding for construction of utility adjustments in the amount of $220,206 for the Project; and

 

C) approve a budget amendment of $220,206 in the Transportation Improvement Fund to recognize reimbursement funding from the Village and appropriate it to the Project.

 

SUMMARY:  Approval of this contract and budget amendment will allow Palm Beach County to issue a notice to proceed to Drawdy, a Palm Beach County based company, to begin construction of the Project. The Project consists of replacing the Prairie Road bridge over the LWDD L-8 Canal. Paving improvements and utility improvements are also included. The budget amendment will recognize reimbursement funding from the Village, as agreed to in the interlocal agreement, for utility work they requested. The Village shall be responsible for operation and maintenance of the utility work upon completion of the Project. The Affirmative Procurement Initiative selected for this contract on November 6, 2019 by the Goal Setting Committee is 20% minimum mandatory Small Business Enterprise (SBE) participation. Drawdy has agreed to 78.26% SBE participation. Drawdy was the lowest responsive, responsible bidder of six. Time to complete all work under this contract shall be no more than 220 calendar days. This Project is funded by the infrastructure sales tax. District 3 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

18.       Staff recommends motion to approve:  Work Order 2018051-130 in the amount of $428,000 to mill and resurface Congress Avenue from Roberts Lane to Lake Worth Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries, Inc. (Ranger).  SUMMARY:  Per Countywide PPM CW-F-050, this work order exceeds the $200,000 threshold for staff approvals of work orders to annual contracts, thus requiring approval from the Board of County Commissioners (BCC). Approval of this work order will allow the contractual services necessary to construct the improvements. Prior to this work order, approximately $32 million of Ranger’s $48.5 million Contract has been spent or encumbered. On October 16, 2018, the BCC approved the Contract with Ranger to provide milling and resurfacing of County roadways for countywide projects. The Contract was renewed on October 22, 2019, with a 15% mandatory Small Business Enterprise (SBE) goal set as the Affirmative Procurement Initiative. Due to the limited availability of qualified certified SBE subcontractors, the Office of Equal Business Opportunity issued a waiver on January 17, 2020, that reduced the mandatory SBE participation to 5% for the remainder of the current contract term. On June 2, 2020, the second renewal was approved, and continued with the reduced mandatory SBE participation of 5%. Ranger agreed to 5% SBE participation for this work order. Approval of this work order will result in a cumulative SBE participation of 9.7% for all the work orders issued under the Contract. District 3 (YBH)

 

19.       Staff recommends motion to adopt:  a resolution abandoning any public interest in a portion of the 20-foot wide lake maintenance easement, lying within Tract L7 of the plat of Hyder AGR-PUD South Plat Four, Plat Book 126, Pages 121 through 125; a 20-foot wide drainage easement, lying within a portion of Tract OS1 of the plat of Hyder AGR-PUD South Plat Five, Plat Book 129, Pages 123 through 128; a 20-foot wide drainage easement and a 20-foot wide lake maintenance access easement lying within a portion of Tract OS2 of the plat of Hyder AGR-PUD South Plat Five, Plat Book 129, Pages 123 through 128; and a 10-foot wide utility easement lying within a portion of Tracts A, OS1, OS2, and OS4 of the plat of Hyder AGR-PUD South Plat Five, Plat Book 129, Pages 123 through 128, and within a portion of Tract L7 of the plat of Hyder AGR-PUD South Plat Four, Plat Book 126, Pages 121 through 125, all lying in Section 31, Township 46 South, Range 42 East (Abandonment Sites), of the Public Records of Palm Beach County.  SUMMARY:  Adoption of this resolution will eliminate the public dedications that are in conflict with future development by Boca Raton Associates VII, LLLP (Petitioner). All reviewing agencies and utility service providers have approved this abandonment and the easements serve no present or future public purpose. The Abandonment Sites are located north of the Lake Worth Drainage District L-39 Canal and east of State Road 7. District 5 (YBH)

 

20.       Staff recommends motion to adopt:  a resolution abandoning any public interest in a portion of the 10-foot wide utility easement, lying in Parcel B, as shown on the plat of Town Commons PUD/MUPD, according to the plat thereof, as recorded in Plat Book 118, Pages 6 through 11 (Abandonment Site), of the Public Records of Palm Beach County (County). SUMMARY:  Adoption of this resolution will eliminate the public dedication that is in conflict with future development by Town Commons Shoppes, LLC (Petitioner). The Petitioner has requested the County clear this encumbrance to allow the dedication of right-of-way, free of encumbrances, for a new right-turn lane on Hypoluxo Road. All reviewing agencies and utility service providers have approved this abandonment and the utility easement serves no present or future public purpose. The Abandonment Site is located north of Hypoluxo Road and east of Lyons Road. District 3 (YBH)

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

21.       Staff recommends motion to approve: 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 $227,758.05 for the 10th Avenue North, west of Congress Avenue to I-95 Right-of-Way (ROW) Study (Project).  SUMMARY:  Approval of this work task order will provide the engineering services necessary to complete a ROW study for the Project. The study will be focused on the north side of 10th Avenue North from Congress Avenue to Barnett Drive. Per the Contract, as amended on May 5, 2020, the Affirmative Procurement Initiative for the Contract is 20% Small Business Enterprise (SBE) participation. MRA agreed to 53.41% SBE participation for this work task order. The cumulative SBE participation to date including this work task order is 41.32%. MRA is a Palm Beach County based company. District 3 (YBH)

 

22.       Staff recommends motion to adopt:  a resolution abandoning any public interest in a portion of the 12-foot wide utility easement, dedicated by Vista Center of Palm Beach Plat 3, according to the plat thereof, as recorded in Plat Book 68, Pages 128 through 134 and lying within Tract A and Tract W, as shown on the plat of Emerald Dunes-Parcel 6, according to the plat thereof, as recorded in Plat Book 107, Pages 68 and 69, lying in Section 22, Township 43 South, Range 42 East (Abandonment Site), of the Public Records of Palm Beach County. SUMMARY:  Adoption of this resolution will eliminate the public dedication that is in conflict with future development by Discovery West Palm Development, LLC (Petitioner). All reviewing agencies and utility service providers have approved this abandonment and the utility easement serves no present or future public purpose. The Abandonment Site is located north of Okeechobee Boulevard and west of Florida’s Turnpike. District 2 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

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

 

Seat No.

Reappointment

Term Expires

3

Damion Baker

08/24/23

 

Seat No.

15

Appointment

Tyrina A. Pinkney

Term Expires

05/06/22

 

SUMMARY: The Palm Beach County HIV CARE Council (HIV CARE Council) nomination process is an open process with publicized criteria and legislatively defined conflict of interest standards. Mr. Baker and Ms. Pinkney have successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends the reappointment and new appointment. The total membership for the HIV CARE Council shall be no more than 33 at-large members, per Resolution No. 2011-1560. Ms. Pinkney will complete the unexpired term for Ms. Whitney Davis. Mr. Baker is an employee of Monarch Health Services, Inc. and Ms. Pinkney is an employee of The Lord’s Place, Inc., which contract with the County for services. The HIV CARE Council provides no regulation, oversight, management, or policy setting recommendations regarding the subject contracts or transactions. 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 Code of Ethics. The diversity count for the 21 seats that are currently filled is: African-American: 8 (38%), Caucasian: 8 (38%), Hispanic-American: 4 (19%) and Asian-American: 1 (5%). The gender ratio (female: male) is 11:10. Mr. Baker and Ms. Pinkney are both African-American. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the Emergency Food and Shelter Program (EFSP) Phase Coronavirus Aid, Relief and Economic Security (CARES) Act Application for the Emergency Food and Shelter National Board Program, for the period January 27, 2020 through January 31, 2021, in the amount of $292,325, for the provision of rental assistance to individuals and families affected by the COVID-19 pandemic;

 

B) receive and file funding allocation notification for EFSP Phase CARES, for the period January 27, 2020 through January 31, 2021, in an amount not to exceed $292,325, for the provision of rental assistance to individuals and families affected by the COVID-19 pandemic;

 

C) approve a budget amendment of $292,325 in the CARES Act Relief Fund to align the budget with the actual grant award; and

 

D) authorize the County Administrator or designee to execute grant agreements, amendments, thereto, and all other documents necessary for the implementation of the EFSP Phase CARES Grant.

 

SUMMARY: The Emergency Food and Shelter National Board Program is a restricted federal grant that provides EFSP funds. The United Way of Palm Beach County, Inc. (United Way) administers the award locally. On May 21, 2020, United Way released the EFSP Phase CARES Application. The Division of Human Services (DHS) has received EFSP funds for the past 25 years. The DHS has applied for funding to provide rental assistance to individuals and families in need of rental assistance to prevent homelessness due to COVID-19. The emergency signature process was utilized because there was not sufficient time to submit the grant application through the regular Board of County Commissioner’s agenda process. On July 17, 2020, EFSP announced allocations for the EFSP Phase CARES Award to Palm Beach County in the amount of $292,325. The funds will be used to serve approximately 250 individuals and families for homeless prevention services by providing rental assistance for past due rental payments. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating Department as a receive and file agenda item. The budget amendment is necessary to align the County budget with the actual grant award. These funds are non-recurring and no County match is required. (Division of Human Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) Standard Agreement No. IR020-9500 for Respite for Elders Living in Everyday Families (RELIEF) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period July 1, 2020 through June 30, 2021, in an amount not-to-exceed $45,750, to provide stipend volunteers to homebound seniors for in-home respite for caregivers;

 

B) Standard Agreement No. IZ020-9500 for Alzheimer’s Disease Initiative (ADI) with AAA, for the period July 1, 2020 through June 30, 2021, in an amount not-to-exceed $1,154,821, to assist seniors and caregivers by providing in-home services to help seniors live independently;   

C) Standard Agreement No. IC020-9500 for Community Care for the Elderly (CCE) with AAA, for the period July 1, 2020 through June 30, 2021, in an amount not-to-exceed $1,700,484, to assist seniors and caregivers by providing in-home services to help seniors live independently; 

 

D) Standard Agreement No. IH020-9500 for Home Care for the Elderly (HCE) with AAA, for the period July 1, 2020 through June 30, 2021, in an amount not-to-exceed $141,948, to assist seniors and their caregivers with the provision of care in a family-type living arrangement as an alternative to institutional care;

 

E) Amendment 001 to Standard Agreement No. IA020-9500 (R2020-0296) for the Older Americans Act (OAA) with AAA, for the period January 1, 2020 through December 31, 2020, to revise, amend and replace portions of the standard agreement and increase the overall total funding allocation by $524,855, to provide in-home and community-based services to seniors; and

 

F) a budget amendment of $2,835,487 in the Division of Senior Service Administration Fund to align the budget to the actual grant award.

 

SUMMARY: The agreements allow the Division of Senior Services (DOSS) to provide services to seniors and their caregivers. Under the RELIEF agreement, DOSS will provide outreach, assessment and training of stipend volunteers to homebound seniors for in-home respite to families/caregivers. RELIEF program services are funded with $45,750 in state funds and $63,027 in county funds. The stipends are paid directly to the volunteers through AAA. The RELIEF program served 62 clients and provided 31,620 volunteer hours from Grant Year (GY) 2016 - GY 2019. Under the ADI agreement, DOSS will provide case management, in-home respite and facility-based respite. ADI program services are funded with $1,154,821 in state funds, $28,490 in program income funds and $455,868 in county funds. The ADI program served 302 clients, provided 2,892 hours of case management and 178,987 hours of in-home services from GY 2016 - GY 2019. Under the CCE agreement, seniors and caregivers are assisted with in-home services that help seniors live independently. CCE program services are funded with $1,700,484 in state funds, $55,160 in program income funds and $1,012,966 in county funds. CCE served 676 clients, provided 6,931 hours of case management and 282,909 hours of In-home services from GY 2016- GY 2019. Under the HCE agreement, DOSS assists older adults and caregivers with the provision of care in a family-type living arrangement as an alternative to institutional care. HCE program services are funded with $141,948 in state funds and $132,774 in county funds. The HCE program served 167 clients, provided 2,006 hours of case management and 13,405 hours of in-home services from GY 2016-2019. Under the OAA amendment, DOSS provides services that preserve the independence of seniors and defers the need for more costly institutions. Under the OAA contract, there are several programs, which serve seniors. The congregate meals program served 1,557 seniors. The home-delivered meals program served 432 seniors. The in-home services program served 151 seniors and the in-home services for clients with caregivers served 26 seniors/caregivers. OAA program services are funded with $524,855 in federal funds. The budget amendment is necessary to align the County budget with the actual grant award. Seniors receiving home delivered meals prior and during the COVID-19 pandemic are continuing to do so without interruption in services. Due to the temporary closure of congregate meal sites during the COVID-19 pandemic, congregate meals are currently being managed in two ways: 1) through home delivery meals for those seniors who do not have transportation to pick up their meals and 2) through grab and go at one of DOSS’s two meal distribution sites. DOSS is responsible for providing services north of Hypoluxo Road. The areas of service include all of the districts, excluding Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road. (DOSS) Countywide except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road (HH)

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to:

 

A) ratify:

 

1) the signature of the Mayor on Modification No. 3 to the Florida Department of Economic Opportunity (FDEO) Federal Fiscal Year (FFY) 2020 Community Services Block Grant (CSBG) Program Federally Funded Subgrant Agreement No. 17SB-0D-10-60-01-121 (R2017-0625), for the period October 1, 2016 through September 30, 2020, increasing the original grant agreement amount by $1,047,114 for a total grant award amount not to exceed $4,597,005.93, to provide economic stability and mobility services to 2,700 low-income individuals and 1,040 families residing in Palm Beach County; and

 

2) the signature of the Mayor on Modification No. 6 to the FDEO FFY 2020 Low-Income Home Energy Assistance Program (LIHEAP) Federally Funded Subgrant Agreement No. 17EA-0F-10-60-01-023 (R2017-0996), for the period April 1, 2017, through September 30, 2020, increasing the original grant agreement amount by $4,270,694 for a new total amount not to exceed $16,661,672, to provide utility payment assistance to over 8,000 low-income households residing in Palm Beach County.

 

B) approve:

 

1) a budget amendment of $521,113 in the CSBG fund to align the budget to the actual grant award; and

 

2) a budget amendment of $2,804,686 in the LIHEAP fund to align the budget to the actual grant award.

 

SUMMARY: CSBG Modification No. 3 increases the amended grant amount by $1,047,114. These funds are used to provide economic stability and mobility services to 2,700 low-income individuals and 1,040 families. Economic mobility services include employment skills training, job placement, resume training, financial management training, and case management. Economic stability services include non-electric utility bill assistance and eviction prevention assistance. In FFY 2019, a total of 3,894 individuals (1,513 households) were served with both economic stability and mobility services. Of those served, 222 individuals enrolled in the Family Self-Sufficiency Program and completed vocational training certifications in construction trades, Certified Driver’s License, forklift, and the medical/health field. A total of 115 program participants obtained permanent unsubsidized employment and 73% have maintained employment over 90 days. Increased LIHEAP funds will enable the Community Action Program to provide assistance to low-income households in need of assistance to pay energy bills or to relieve a crisis that would prevent utility service disconnection or restore utility services. An estimated 8,000 households in Palm Beach County will be served. In FFY 2019, 5,123 households were assisted with energy bills and crisis assistance through LIHEAP. No County funds are required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to:

 

A) receive and file funding allocation notification for Phase 37 of the Emergency Food and Shelter Program (EFSP), for the period February 1, 2020 through January 31, 2021, in an amount not to exceed $175,000, for the provision of rental payments to assist individuals and families in crisis; and

 

B) approve a budget amendment of $89,849 in the Human Services Division General Fund to align the budget with the actual grant award.

 

SUMMARY: The EFSP is a restricted federal grant. The award is administered locally by the United Way of Palm Beach County, Inc. and consists of funding for rental assistance in the amount of $175,000. On July 7, 2020 the Board of County Commissioners ratified the Mayor’s signature on the Phase 37 EFSP application (R2020-0762). On July 17, 2020, EFSP announced allocations for the Phase 37 EFSP Award to Palm Beach County. These funds will be used for homeless prevention services by providing rental assistance for past due rental payments. In 2019, Phase 36 expended 100% of the $209,849 award and served approximately 258 households in crisis. Due to a reduction in the grantor’s budget, the EFSP Phase 37 Grant Award has been decreased by $34,849 in funding for this grant year compared to the previous grant year. Under the current grant, an estimated 175 households will receive rental payment assistance. In accordance with County PPM CW-O-051, all delegated contracts, agreements, and grants must be submitted by the initiating department as a receive and file agenda item. The budget amendment is necessary to align the county budget with the actual grant award. No County match is required. (Division of Human Services) Countywide (HH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  a First Amendment (Amendment) to Drainage Agreement (Agreement) with Closter Farms, Inc. (Closter) (R2015-0774), extending the term to April 1, 2025, for drainage services to 231.98 County-owned acres in Pahokee, for payment of $8,699.25 annually. SUMMARY:  Under the Agreement, excess water from the Palm Beach County Glades Airport (210.62 acres), the West County Pahokee Animal Care & Control Facility (2 acres) and Duncan Padgett Park (19.36 acres) drains onto Closter’s adjacent farmland. The initial term of the Agreement expired on April 1, 2020, and there is one five-year renewal option. The Amendment exercises the five-year renewal option to extend the Agreement from April 2, 2020, to April 1, 2025, increases the drainage cost per-acre from $30 to $37.50 and incorporates new standard form provisions. Countywide (HJF)

 

2.         Staff recommends motion to receive and file: the following documents in connection with the Development Site Lease Agreement between Palm Beach County and PBI Post Distr. LLC (Post) dated December 19, 2017 (R2017-1892, as amended) (the Lease):

 

A) Consent to Sublease (Consent), consenting to the sublease (Sublease) by Post to PBI Wallis Distr. LLC (Wallis), of the premises under the Lease; and

 

B) Ground Lessor’s Estoppel Certificate (Estoppel) to BNB Bank.

 

SUMMARY: The Lease provides for the development of a warehouse facility on approximately 7.5 acres on the south side of Wallis Road, between Military Trail and Haverhill Road, west of the Palm Beach International Airport. Post has obtained a leasehold mortgage and the lender has requested the Estoppel to verify important details of the Lease. Post has requested the Consent to the Sublease, as provided under the Lease.  Post and Wallis entered into the Sublease on June 25, 2020. Countywide (HJF)

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to approve: a Utility Easement Agreement (Easement) with Florida Power & Light Company (FPL) for facilities on County-owned property on the south side of the Palm Beach County Park Airport (Lantana Airport). SUMMARY: The Easement will provide for electric utilities and communications to serve hangar and support facilities on the south side of the Lantana Airport.  FPL is providing electric utility service and requires an easement. Countywide (AH)

 

4.         Staff recommends motion to approve: a Utility Easement Agreement (Easement) with Florida Power & Light Company (FPL) for facilities on County-owned property on the west side of the Palm Beach International Airport (PBI). SUMMARY: The Easement will provide for electric utilities and communications to serve the hangar and support facilities being constructed by Gulfstream Product Support Corporation on their leasehold on the western side of PBI (R2017-0281, as amended). FPL is providing electric utility service and requires an easement. Countywide (AH)

 

5.         Staff recommends motion to approve:  a Declaration of Easement (Declaration) for water utility improvements serving County-owned property in the Golfview area at the northwest corner of the Palm Beach International Airport (PBI), and the development of hangar and support facilities being constructed by Gulfstream Product Support Corporation (Gulfstream) on their leasehold on the western side of PBI (R2017-0281, as amended). SUMMARY: The Water Utilities Department is requesting the Declaration to provide water utilities to these facilities at PBI. The Declaration provides for the installation, operation and maintenance of water transmission and distribution facilities on the property. Countywide (AH)

 

6.         Staff recommends motion to adopt:  a resolution delegating authority to the County Administrator or designee to execute grant applications and agreements for the benefit of the County’s Airport System, and certain modifications to grant agreements entered into pursuant to delegated authority; providing for repeal of Resolution 2006-2086 to the extent of any conflict; providing for severability; and providing for an effective date. SUMMARY:  This resolution authorizes the County Administrator or designee to execute grant applications for aviation grant funding and standard form grant agreements provided by the Federal Aviation Administration (FAA) under the Airport Improvement Program (AIP) and other similar grant programs provided that the form of the agreement is substantially the same as the standard form grant utilized under the AIP. This resolution also allows the County Administrator or designee to execute standard form Florida Department of Transportation Public Transportation Grant Agreements and to sign certain amendments, time extensions and terminations of grant agreements executed pursuant to the delegation of authority granted by this resolution. The FAA requires acceptance of grant offers to occur within a specified time period, which is typically 30 days or less. This resolution also repeals Resolution 2006-2086, which provided a delegation of authority to accept standard form AIP grant agreements. This resolution is intended to simplify, update and consolidate delegations of authority related to grant acceptance and to ensure the timely acceptance of grant offers from the awarding agencies. The Director of the Department of Airports will be considered a designee for purposes of this resolution. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

7.         Staff recommends motion to:

 

A) adopt a resolution approving an amendment to the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) increasing the original FDOT funding share by an additional $4,531,938 and revising the total cost of the project for Concourse B Expansion at Palm Beach International Airport (PBI).  This amendment will become effective upon final execution by the FDOT with an expiration date of December 31, 2022;

 

B) approve a budget amendment of $17,531,938 in the Airport's Improvement and Development Fund to recognize the Passenger Facility Charge (PFC) transfer and appropriate $9,063,876 in project costs, which includes the receipt of a grant from FDOT for $4,531,938 and the PFC match of $4,531,938. The remaining $8,468,062 PFC funds will replace previously appropriated local funds, which will replenish reserves; and

 

C) approve a budget transfer in the Airport's PFC Fund in the amount of $13,000,000 for the local grant match of $4,531,938 and $8,468,062 to replenish reserves for funding previously appropriated to the project.

 

SUMMARY: On May 5, 2020, the Board of County Commissioners adopted a Resolution (R2020-0421) approving a PTGA (R2020-0422) with the FDOT in the amount of $10,468,062 or 50% of the eligible project costs, whichever is less for Concourse B Expansion at PBI under a multi-year funding plan. The FDOT has issued an amendment to the PTGA as part of the second year funding, increasing the original funding share by an additional $4,531,938 for a revised FDOT participation of $15,000,000 bringing the revised total cost of the project to $30,000,000. Since the acceptance of the initial portion of funding on May 5, 2020, the Department of Airports has obtained approval from the Federal Aviation Administration for a PFC application which contains the funding to provide the local match for this project. As such, the majority of the local funding utilized as the initial match can be transferred back into Reserves. Countywide (AH)

 

8.         Staff recommends motion to receive and file:  a Third Amendment (Amendment) to Hotel Development Site Lease Agreement (Agreement) with CVH PBIA, LLC (CVH) (R2017-0356), providing for deferral and repayment of fixed rental (deferral), reconciliation of rental payments on a year-to-date basis, and updating standard form provisions, pursuant to delegation of authority approved by the Board on May 5, 2020 (R2020-0527). SUMMARY: Under the Agreement, CVH pays the greater of a percentage of gross hotel revenues, or fixed ground rental.  Payments are submitted monthly and reconciled annually.  Hotel bookings declined substantially as a result of the COVID-19 pandemic, resulting in declines in CVH’s gross revenues. The Amendment does not change what is due from CVH on an annual basis, however, it adjusts the method of reconciliation. CVH will continue to owe the fixed rental and annual percentage payments as they are due, but payments will be reconciled monthly, versus annually.  The Amendment also provides for deferral of fixed rental payments for all or part of the months of July through October, 2020, totaling $40,000, which is equal to the payment security under the Agreement. The deferred amount will be repaid commencing November 1, 2020, in six equal monthly installments with interest. The Amendment updates standard form provisions and confirms that the force majeure provisions of the Agreement do not apply to the nonpayment of any amounts due County under the Agreement. Countywide (AH)

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

9.         Staff recommends motion to receive and file: the Eleventh Amendment (Amendment) to Retail Concession Agreement (Agreement) with Paradies-Palm Beach, LLC (Paradies) (R2007-2052), providing for reconciliation of the minimum annual guarantee (MAG) on a year-to-date basis, and updating standard form provisions, pursuant to delegation of authority approved by the Board on May 5, 2020 (R2020-0527). SUMMARY:  Under the Agreement, Paradies pays the greater of a percentage of gross revenues, or the MAG. Payments are submitted monthly and reconciled annually.  Because of fluctuations in revenues, usually corresponding to increased or decreased passenger traffic as result of seasonal variations, Paradies typically receives a credit each year for amounts paid in-excess of what is actually due.  Passenger traffic at the Palm Beach International Airport has declined substantially as a result of the COVID-19 pandemic, resulting in declines in Paradies’ gross revenues.  As a result of this decline, Paradies has paid substantially more year-to-date than would be due.  The Agreement already provides for abatement of the MAG based on threshold declines in passenger traffic.  The Amendment does not change what is due from Paradies on an annual basis, and there is no deferral of rent or other charges. The Amendment adjusts the method of reconciliation to allow Paradies to receive credit for excess payments before year-end. Paradies will continue to pay the MAG and annual percentage payments as provided in the Agreement; however, payments will be reconciled monthly, versus annually.  The Amendment updates standard form provisions and confirms that the force majeure provisions of the Agreement do not apply to the nonpayment of any amounts due County under the Agreement. Countywide (AH)

 

10.       Staff recommends motion to adopt: a resolution approving a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) to maintain signage within the right of way of State Road 9 (I-95) in West Palm Beach, Palm Beach County, Florida at Mile Post (MP) 0.801, effective for a 50 year term. SUMMARY:  The Department of Airports has submitted a permit application to the FDOT to modify or replace sign panels on an overhead structure on the exit ramp from I-95 into Palm Beach International Airport at MP 0.801. The improved signage will aid the traveling public in way-finding on the airport and will provide enhanced customer service. Approval of the permit requires that Palm Beach County enter into an agreement to maintain the signage at this location. Countywide (AH)

 

11.       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 $2,600,000 for Terminal Roof Improvements at Palm Beach International Airport (PBI). 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 $2,600,000 in the Airport’s Improvement and Development Fund to recognize the receipt of a grant from FDOT, and total project costs of $5,200,000; defund $2,620,358 of previously approved locally funded projects which will result in the $2,600,000 local match needed for the FDOT grant, and a reclass of $20,358 to the Reserves.

 

SUMMARY: The FDOT has issued a PTGA reflecting their commitment of funding to the above referenced project in the amount of $2,600,000 or 50% of the eligible project costs, whichever is less.  Airport local match of $2,600,000 is required. Countywide (AH)

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to receive and file:  the Fiscal Year 2020/2021 Proposed Budget for Children’s Services Council of Palm Beach County (CSCPBC).   SUMMARY: The Children’s Services Council has submitted their Fiscal Year 2020/2021 Proposed Budget. Countywide (DB)

 

2.         Staff recommends motion to:

 

A) approve request by Palm Beach County Tax Collector, Anne M. Gannon, for Board of County Commissioners to order the 2020 tax roll to be extended prior to completion of the Value Adjustment Board (VAB) hearings; and

 

B) direct the VAB to certify the assessment roll pursuant to Section 193.122, Florida Statutes and as otherwise required by applicable law.

 

SUMMARY: Approval of this request will avoid a delay in the issuance of tax notices beyond November 1, 2020, and will permit the collection of property taxes prior to completion of the VAB hearings. Countywide (DB)

 

3.         Staff recommends motion to receive and file: the Quarterly Reports of the FY 2019-2020 Contract between the Palm Beach County Board of County Commissioners and Department of Health for the operation of the Palm Beach County Health Department. SUMMARY: The Department of Health has submitted the Quarterly Reports of the FY 2019-2020 Contract between the Palm Beach County Board of County Commissioners and Department of Health for the operation of the Palm Beach County Health Department as per Section 154.02, Florida Statutes. Countywide (DB)

 

4.         Staff recommends motion to receive and file: the Quarter Ending 06-30-2020 information for Children’s Services Council of Palm Beach County (CSCPBC).   SUMMARY: The Children’s Services Council has submitted their Quarter Ending 06-30-2020 information as per Section 125.901, Florida Statutes. Countywide (DB)

 

5.         Staff recommends motion to approve: Federally Funded Subaward and Grant Agreement (Z1877) with the State of Florida, Division of Emergency Management (FDEM) to authorize the reimbursement of eligible projects for Public Assistance (PA) funding for Coronavirus (COVID-19). SUMMARY: On July 17, 2020, the Board of County Commissioners approved the COVID-19 Federally Funded Sub-award and Grant Agreement (R2020-0798). On July 31, 2020, the FDEM sent an updated Agreement to be signed. On March 13, 2020, the President declared the ongoing COVID-19 pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act). Emergency declaration designated “FEMA-4468-DR-FL” for State, territorial, tribal, and local government entities and certain private non-profit organizations that are eligible to apply for PA.  PA is a federal grant (CFDA #97.036) to aid state and local governments in returning a disaster area to pre-disaster conditions.  The amount of total available funding for this sub grant is limited to the amount obligated by FEMA for all projects approved.  As part of the PA Program, FEMA will typically fund 75% of the cost.  FEMA funding will be calculated on actual expenditures incurred and be received from the State of Florida, Division of Emergency Management, on a reimbursement basis. The State of Florida will contribute 12.5% of the qualifying actual expenditures leaving the County responsible for absorbing the remaining 12.5%. County departments are funding expenditures from existing budgets and requesting grant reimbursements on an ongoing basis as work continues. Countywide (LDC)

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

6.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $30,000 for the full satisfaction of a code enforcement lien that was entered against David R. Hershberger on May 4, 2016. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on March 2, 2016, for the property owned by David R. Hershberger giving him until April 1, 2016, to bring their property located at 5232 Woodstone Cir S, Lake Worth, FL into full code compliance. The property had been cited for outdoor storage of unlicensed/unregistered and/or inoperable vehicle(s) and grass/weeds greater than seven inches in height. 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 David R. Hershberger on May 4, 2016. The Code Enforcement Division issued an affidavit of compliance for the property on December 30, 2019, stating that the cited code violations had been fully corrected. The total accrued lien amount through June 19, 2020, the date on which settlement discussions began, totaled $82,527.19. Mr. Hershberger’s Estate has agreed to pay Palm Beach County $30,000, (36%) for full settlement of the outstanding code enforcement lien. District 2 (SF)

 

7.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $50,000 for the full satisfaction of a code enforcement lien that was entered against Oscar Rojas Pro Dog Academy LLC c/o Eduardo Gutierres, Registered Agent on January 21, 2019. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an order on June 6, 2018, for the property owned by Oscar Rojas Pro Dog Academy LLC providing them until September 4, 2018, to bring their property located at Simone Dr, Loxahatchee into full compliance. The property had been cited for: 1) installing fencing without a valid building permit, 2) installing utility/storage structures without a valid building permit, 3) engaging in or managing any business, profession or occupation in the county without obtaining a receipt from the tax collector, and 4) prohibited Zoning Matrix use, more specifically, Kennel type 2- Pro Dog Academy is prohibited.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $250 per day was imposed. The CESM then entered a claim of lien against Oscar Rojas Pro Dog Academy LLC on January 21, 2019. The Code Enforcement Division issued an Affidavit of Compliance for the property stating that the cited code violations had been fully corrected as of March 31, 2020. The total accrued lien amount through April 1, 2020, the date on which settlement discussions began, totaled $170,303.42. Oscar Rojas Pro Dog Academy LLC has agreed to pay Palm Beach County $50,000, (29%) for full settlement of his outstanding Code Enforcement lien. District 6 (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to receive and file: Amendment No. 4 to the continuing contract with The Weitz Company, LLC (R2016-0763) for the procurement and installation of a temporary trailer at Fire Station No. 17 in an amount of $400,497 for a period of 76 calendar days from notice to proceed or until the project is complete.  SUMMARY:  On June 21, 2016, the Board of County Commissioners (BCC) approved the continuing contract with The Weitz Company, LLC (Weitz) to provide construction management services. On May 19, 2020, the 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 to procure and install a temporary trailer at Fire Station No. 17 in amount not to exceed $450,000. Amendment No. 4 authorized Weitz to establish a guaranteed maximum price (GMP) to coordinate, procure and install the temporary trailer, which will allow fire rescue staff to be relocated back to the Fire Station No. 17 location. Amendment No. 4 was 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 continuing Construction Manager (CM) contract was presented to the Goal Setting Committee on February 20, 2019, and an Affirmative Procurement Initiative of 20% Small Business Enterprise (SBE) participation was applied to the contract. The CM is not a SBE. SBE participation on this Amendment is 62.2%. To date the CM has achieved 25.81% SBE participation. The CM is a local business. Funding for this project is from the Fire Rescue Improvement Fund. (Capital Improvements Division) Countywide/District 6 (LDC)

 

2.         Staff recommends motion to approve: Amendment No. 23 to the continuing Construction Management (CM) contract (R2016-0762) with Robling Architecture Construction Inc., establishing a guaranteed maximum price (GMP) for the Fire Station No. 19 Generator Relocation and Replacement project in the amount of $320,550 for a period of 120 days from notice to proceed or until project is complete. SUMMARY: Amendment No. 23 consists of renovating the existing generator building to create storage for the bunker gear and provide a new outdoor emergency generator at the north side of the existing generator building along with an enclosure. The upgrade and relocation of the generator will allow the entire fire station and special operations section to be able to operate on emergency power and will allow for the old generator room to be repurposed to create additional bunker gear storage. The relocation of the bunker gear from the apparatus bay to an environmentally conditioned separate space will reduce the amount of contaminants absorbed in the gear and extend the life of the equipment. On June 21, 2016, the Board of County Commissioners (BCC) approved the continuing CM contract with Robling Architecture Construction Inc., for construction management services. The continuing CM contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance, but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is an SBE. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this Amendment is 75.69%. To date the Construction Manager has achieved 45.58% SBE subcontracting participation under its continuing contract. The CM is a Palm Beach County business. The funding source for this project is from the Fire Rescue Improvement Fund. (Capital Improvements Division) District 1 (LDC)

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: an annual contract with the following contractor for general minor construction services on an as-needed basis through February 10, 2025.

 

            Contractor                            Status                        SBE or Non-SBE   

            Parsa Corporation               Local                          SBE

 

            SUMMARY: On February 11, 2020, the Board of County Commissioners approved the annual minor construction contract. The work consists of construction services associated with repairs, improvements and renovations to County properties. The contractor now joins the list of 15 already prequalified contractors for a total of 16 with a contract expiration date of February 10, 2025. The specific requirements of the work shall be determined by individual work orders issued against this annual contract. These contracts are five year indefinite-quantity contracts with a maximum cumulative value of $5,000,000. Work is to be awarded as work orders on a lump-sum, competitively bid basis across all prequalified contractors. Contractors are allowed to qualify at any time and be added to this annual contract. Projects $100,000 and over are advertised on the vendor self-service website while projects $200,000 and over are also advertised in the newspaper. Projects under $100,000 are bid among the pool of pre-qualified contractors (currently 16 have pre-qualified) and for projects over $100,000, the bidding pool is expanded to include any additional bidders responding to the specific project advertisement that submit a qualification application at least ten days before the bid due date. This annual contract was presented to the Goal Setting Committee on August 21, 2019. The Committee applied the following three Affirmative Procurement Initiatives including: 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. 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 minor annual contract is 77.59%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: an annual contract with the following contractor for electrical services on an as-needed basis through November 18, 2024.

 

                        Contractor                            Status                        SBE or Non-SBE   

                        Ampro, Inc.                            Non-Local                      Non-SBE

           

            SUMMARY: On November 19, 2019, the Board approved the annual electrical contract. The work consists of electrical services associated with repairs, improvements and renovations to County properties. The contractor now joins the list of nine already prequalified contractors for a total of ten with a contract expiration date of November 18, 2024.  The specific requirements of the work shall be determined by individual work orders issued against this annual contract. These contracts are five year indefinite-quantity contracts with a maximum cumulative value of $1,000,000 across all prequalified contractors. Work is to be awarded as work orders on a lump-sum, competitively bid basis across all prequalified contractors. Contractors are allowed to qualify at any time and be added to this annual contract. Projects $100,000 and over are advertised on the vendor self-service website while projects $200,000 and over are also advertised in the newspaper. Projects under $100,000 are bid among the pool of pre-qualified contractors (currently ten 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 electrical annual contract was last presented to the Goal Setting Committee on March 4, 2020 and the committee established Affirmative Procurement Initiatives of sheltered market for projects under $100,000 (when three or more small businesses are qualified under the annual contract) or a Small Business Enterprise (SBE) contractor will be given a price preference if its bid is within 10% of the lowest non-small business bid. The Small/Minority/Women Owned Business Enterprise (S/M/WBE) actual 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 electrical annual contract is 86.28%. (Capital Improvements) Countywide (LDC) 

 

5.         Staff recommends motion to approve: Work Order No. 20-013 to the annual low voltage annual contract with Pro Sound, Inc. (R2019-1750) in the amount of $493,061 for the Convention Center - Sound System Replacement project for a period of 240 calendar days from permit issuance or until the project is complete.  SUMMARY: The existing sound system equipment at the Convention Center is more than 18 years old, and no longer functions efficiently. Parts are no longer available for repairs, which makes the sound system unusable and can potentially result in lost revenue for the Convention Center. The work consists of furnishing the labor, equipment, and materials needed to replace the existing sound system in the Convention Center, install a new sound system in the courtyard, parking garage, lobby and canopy area. 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. The 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 (SBE) contractors if their bid is within 10% of the lowest non-small business bid. Pro Sound, Inc. is not a SBE. There is no SBE participation on this work order. To date, the overall SBE participation on the annual Low Voltage contract is 37.33%. Pro Sound Inc. is not a local business. Funding for this project is from the Tourist Development Council (TDC) - Building Renewal & Replacement fund. (Capital Improvements Division) District 7 (LDC)

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: Amendment No. 2 to the continuing construction manager (CM) contract (R2018-1163) with Asset Builders, LLC dba Messam Construction establishing a guaranteed maximum price (GMP) for Belle Glade Senior Center Roof Replacement project in the amount of $360,717 for a period of 90 calendar days from notice to proceed or until final completion.  SUMMARY: The existing roof at the Belle Glade Senior Center is more than 30 years old, requires frequent repairs and is at the end of its service life. Amendment No. 2 consists of the removal and replacement of the existing built up roofing system with a new modified bitumen, heat welded built-up roofing system.  The new roofing system will provide for years of weather tight protection. On June 21, 2016, the Board of County Commissioners approved the continuing CM contract for construction management services. The continuing CM contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance, but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is a Small and Minority Business Enterprise (S/MBE). The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019, and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this Amendment is 34.459%. To date, the Construction Manager has achieved 49.41% SBE subcontracting participation under its continuing contract. The Construction Manager is a Palm Beach County business utilizing all local subcontractors. The funding source for this project is from the Public Building Improvement Fund. (Capital Improvements Division) District 6 (LDC)

 

7.         Staff recommends motion to receive and file: a Standard License Agreement for Use of County-Owned Property for a period of November 1, 2020 through October 31, 2023, with Ric L. Bradshaw in his official capacity as Sheriff of Palm Beach County to wash PBSO owned vehicles (Belle Glade Buswash).  SUMMARY:  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  The attached standard agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee. The Standard License Agreement was approved in accordance with R2010-0333, as amended and approved by the Board on October 1, 2013. The executed document is now being submitted to the Board to receive and file. (FDO Admin) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

8.         Staff recommends motion to approve: an Amended and Restated Agreement (Agreement) with Cambridge Security Services Corporation, a corporation licensed to do business in the State of Florida (Participant), allowing for interoperable communications through the countywide and EMS common talk groups of the County’s 800 MHz Radio System (County’s System) for a period of five years from August 25, 2020 through August 24, 2025. SUMMARY: This Agreement provides the terms and conditions under which the Participant can program into its radios and utilize the countywide and EMS common talk groups for certain inter-agency communications. This Agreement is intended to replace Agreement (R2018-1363) between County and Participant, and adds language regarding the requirement to maintain its Certificate of Public Convenience and Necessity throughout the term of this Agreement. The Participant is being permitted such use because it has contracted with the Club at Admirals Cove to provide Advanced Life Support and Essential Emergency Medical Services. The Participant will only be able to access the common talk groups for specified types of communications and will conduct routine operational communications on its own radio system. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement, but the Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the County’s System.  The Agreement may be terminated by either party, with or without cause. The term of the Agreement is for five years or until the expiration or termination of the Participant’s Certificate of Public Convenience and Necessity, whichever comes first. There are two renewal options, each for a term of five years. (ESS) Countywide (LDC)

 

9.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Florida Forest Service (Agency), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Agency for a period of five years from August 25, 2020 through August 24, 2025. SUMMARY: This Agreement provides the terms and conditions under which the Agency can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement terminates and replaces the Interlocal Agreement (R2007-1108) between County and Agency, amended by First Amendment R2013-0262, and by Second Amendment R2017-0872, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies. The County’s System will not be utilized for routine operational communications by the Agency.  The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement. The Agency is required to pay all costs associated with Agency’s subscriber units and to comply with the established operating procedures for the County’s System.  This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

10.       Staff recommends motion to approve: annual contracts with the following contractors for plumbing services on an as-needed basis through August 24, 2025.

 

                        Contractor                                        Status                        SBE or Non-SBE

A) Accurate Septic Services, Inc.              Non-Local                  Non-SBE

B) Speedy Rooter, Inc.                               Local                          SBE

           

            SUMMARY: The purpose of this annual contract is to pre-qualify contractors to provide plumbing services to County properties. The work consists of maintenance and repairs including but not limited to: repair and replacement of existing valves, fixtures, unclogging drains, sewer gas leak detections, removal and installation of new equipment, locating underground water lines and investigating odor caused by sewer drains/piping. The specific requirements of the work shall be determined by individual work orders issued against this annual contract. These contracts are five year indefinite-quantity contracts with a maximum cumulative value of $1,000,000 across all prequalified contractors. Work is to be awarded as work orders on a lump-sum, competitively bid basis across all prequalified contractors. Contractors are allowed to qualify at any time and be added to this annual contract. Projects $100,000 and over are advertised on the vendor self-service website while projects $200,000 and over are also advertised in the newspaper. Projects under $100,000 are bid among the pool of pre-qualified contractors (currently two 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 annual plumbing contract was last presented to the Goal Setting Committee on March 4, 2020, and the committee established Affirmative Procurement Initiatives of sheltered market for projects under $100,000 (when three or more small businesses are qualified under the annual contract) or a Small Business Enterprise (SBE) contractor will be given a price preference if its 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. (Capital Improvements) Countywide (LDC)

 

11.       Staff recommends motion to approve: Amendment No. 1 to the continuing construction manager (CM) contract (R2018-1163) with Asset Builders, LLC dba Messam Construction establishing a guaranteed maximum price (GMP) for the Pahokee Fleet Maintenance Garage Door Replacement project in the amount of $226,002 for a period of 180 calendar days from notice to proceed or until project is complete.  SUMMARY: The existing sliding barn doors are more than 40 years old, original to the building, and non-hurricane rated. It has become increasingly difficult to find parts when repairs are required. Amendment No. 1 consists of replacing the existing five barn style door openings with new motorized overhead doors. The new design will remove the outdated sliding doors and replace them with rated mechanical roll up doors, which will also provide improved security.  On June 21, 2016, the Board of County Commissioners approved the continuing CM contract for construction management services. The continuing CM contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance in place at the time; but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is a Small and Minority Business Enterprise (S/MBE). The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this Amendment is 67.78%. To date the Construction Manager has achieved 70.93% SBE subcontracting participation under its continuing contract. The Construction Manager is a Palm Beach County business utilizing all local subcontractors. The funding source for this project is from the Fleet Management Fund. (Capital Improvements Division) District 6 (LDC)

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

12.       Staff recommends motion to approve: a Declaration of Easement (Easement) in favor of the Palm Beach County Water Utilities Department (WUD) for water lines, fire hydrant, and appurtenant equipment to service the new Palm Beach County Sheriff’s Office Forensic Sciences and Technology Facility (Facility). SUMMARY: The County is constructing this Facility on approximately 15.83 acres of unimproved County owned property located at the northwest corner of Congress Avenue and Gun Club Road in West Palm Beach. The Facility will accommodate the Palm Beach County Sheriff’s Office Evidence Division, the Crime Scene Unit and the Crime Laboratory along with an impound lot.  The County has installed water lines, fire hydrants, and appurtenant equipment to service the Facility. WUD requires the Easement to document the existence and location of its lines and equipment. The easement area varies in length and width, containing approximately 8,597.50 square feet (.197 acre). (Property and Real Estate Management) District 2 (HJF)

 

13.       Staff recommends motion to approve:  Work Order No. 20-012 to the annual sports field lighting installation contract with Davco Electrical Contractors Corp. (Davco) (R2019-1312) in the amount of $261,000 for the Okeeheelee Park - Ski Course, Softball and Multipurpose Field (MPF) Lighting Replacement project for a period of 150 calendar days from permit issuance or until the project is complete. SUMMARY: The existing lighting fixtures at the parks and recreation facilities in Okeeheelee Park (West Palm Beach) are over 20 years old and require frequent repairs. The work consists of replacing over 175 existing, outdated halogen sports field light fixtures with high-efficiency light-emitting diode (LED) fixtures, along with associated electrical equipment and controls. The work includes new lighting fixtures at four softball fields, four MPF and the water-ski course. 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. The annual contract was last presented to the Goal Setting Committee on March 4, 2020, and the Committee established Affirmative Procurement Initiatives of sheltered market for projects under $100,000 (when three or more small businesses are qualified under the annual contract) or a Small Business Enterprise (SBE) contractor will be given a price preference if its bid is within 10% of the lowest non-small business bid. Davco is not a SBE. There is no SBE participation on this work order. To date, the overall SBE participation on the annual sports field lighting installation contract is 2.31%. Davco is a local business. Funding for this project is from the Infrastructure Sales Tax fund.  (Capital Improvements Division) District 2 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

14.       Staff recommends motion to receive and file:

 

A) a contract with Partner Assessment Corporation d/b/a Partner Engineering & Science, Inc. for the Royal Palm Lakes Apartment Renovation Pre-renovation and Remediation Inspection services in the amount of $13,675;

 

B) a contract with Dean Mitchell Restoration, Inc. for the Royal Palm Lakes Apartment Renovation Mold Remediation services in the amount not to exceed $32,827.50;

 

C) a contract with Colome & Associates, Inc. for design services for the Royal Palm Lakes Apartment Renovation project in the amount of $188,617.24; and

 

D) a contract with Robling Architecture Construction, Inc. for construction management services for the Royal Palm Lakes Apartment Renovation project with preconstruction services in the amount of $16,650.

   

            SUMMARY:  On April 6, 2020, the Board of County Commissioners (BCC) received authorization from the Federal Emergency Management Agency (FEMA) to conduct non-congregate sheltering activities under the Public Assistance Program as part of the response to the coronavirus emergency.  On June 2, 2020, the BCC authorized the County Administrator or designee, which in this case was the Director of Facilities Development and Operations (FDO), to execute emergency design and construction contracts to renovate the Pahokee and Belle Glade Facilities as part of the County’s Non-Congregate Sheltering Strategy for the Western Communities. Partner Assessment Corporation will provide pre-renovation inspections services for lead and asbestos remediation and Dean Mitchell Restoration, Inc. will aid in the removal of mold and mold impacted building materials from the structure prior to commencement of construction. Colome & Associates, Inc. will serve as the design professional providing site planning, programming, design, construction documents, permitting and construction administration services to renovate the existing facilities to meet immediate and future needs. Robling Architecture Construction, Inc., will serve as the construction manager (CM) providing constructability reviews, phasing evaluation, evaluation of cost, schedule, implications of alternate designs, systems and materials, and serve as a general contractor issuing the subcontracts for construction. Once the construction documents are completed for each phase of the project, the construction manager will bid the sub-contracts and provide a guaranteed maximum price. Work under the construction management contract will be authorized with amendments. These contracts 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. Pursuant to Section 2-80.22 of the Equal Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project is exempt from the EBO requirements. The funding source for these contracts is from the CARES Act Relief Fund. (Capital Improvements Division) Countywide/District 6 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

15.       Staff recommends motion to approve: a contract with Currie Sowards Aguila Architects, Inc. to provide architectural and engineering services for the development and implementation of a Fire Rescue Comprehensive Fire Station Capital Improvements Program until the project achieves final completion.  SUMMARY: This is a phased project to develop and implement a comprehensive capital improvements program for all County-owned and managed fire stations. The design team will evaluate each station in order to determine compliance with new design, safety and staffing standards. Subsequently, the design team will develop a conceptual scope of work that ensures that each station is in compliance. The stations shall be evaluated in order of age, with the oldest stations being evaluated first. The phases generally consist of programmatic evaluation, prototypical designs, renewal/replacement (R/R) design, and new construction design. The design plans are subject to reuse under Section 287.055(1), Florida Statutes. This effort seeks to have older stations conform to the same standards as the recently built stations. The conceptual scope of work resulting from the programmatic evaluations will support Fire Rescue’s revised Comprehensive Plan. The solicitation for design professionals was advertised on December 15, 2019, according to the Equal Business Opportunity Program, with the final selection taking place on June 26, 2020. The project was presented to the Goal Setting Committee on December 4, 2019, that established an affirmative procurement initiative requiring a minimum mandatory goal of 25% Small Business Enterprise (SBE) participation and awarding 15 points evaluation preference for SBE participation. The firm is a SBE. The prime consultant has committed to 52% S/W/MBE participation. The consultant is a local firm. The total project cost is estimated at $125 million. This project will be funded from the Fire Rescue Improvement Fund. (Capital Improvements Division) Countywide (LDC)

 

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve: the nomination of Bobby “Tony” Smith as Chairperson of the Housing Finance Authority of Palm Beach County, Florida (Authority), for the term of June 2020 through May 2021. SUMMARY: Staff recommends Board of County Commissioners’ (BCC) approval of the nomination of Bobby “Tony” Smith as Chairperson of the Authority.  At their regular meeting of June 19, 2020, the Authority Board nominated Mr. Smith as its Chairperson to serve an initial term of one year in accordance with Ordinance No. 2002-022, as amended.  This ordinance requires the nomination of the Chairperson to be submitted to the BCC for approval. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to receive and file: the executed documents received during the months of April and May 2020 in connection with loans made to ARK 305, LLC under the Housing and Urban Development (HUD) Section 108 Loan program and the US Department of Agriculture (USDA) Intermediary Relending Program (IRP):

 

A) Palm Beach County Section 108 Loan Commitment Letter, dated April 3, 2020 for $174,444.40;

B) Palm Beach County Section 108 Promissory Note, dated May 22, 2020 for $174,444.40;

C) Palm Beach County Section 108 Loan Agreement, dated May 22, 2020 for $174,444.40;

D) Palm Beach County Section 108 Loan Program Agreement, dated May 22, 2020 for $174,444.40;

E) Palm Beach County Section 108 Security Agreement, dated May 22, 2020 for $174,444.40;

F) Palm Beach County Section 108 Guaranty Agreement, dated May 22, 2020 for $174,444.40;

G) Palm Beach County Section 108 Further Assurances and Errors and Omissions Statement;

H) Opinion of Borrower Counsel for Section 108 Loan;

I) Palm Beach County USDA IRP Commitment Letter, dated April 3, 2020 for $181,666.60;

J) Palm Beach County USDA IRP Program Promissory Note, dated May 22, 2020 for $150,000.00;

K) Palm Beach County USDA IRP Income Promissory Note, dated May 22, 2020 for $31,666.60;

L) Palm Beach County USDA IRP Loan Agreement, dated May 22, 2020 for $181,666.60;

M) Palm Beach County USDA IRP Security Agreement, dated May 22, 2020 for $181,666.60;

N) Palm Beach County USDA IRP Guaranty Agreement, dated May 22, 2020 for $181,666.60;

O) Palm Beach County USDA IRP Further Assurances and Errors and Omissions Statement;

P) Opinion of Borrower Counsel for USDA IRP;

Q) Subordination and Non-Disturbance Agreement, dated May 22, 2020;

R) Landlord’s Waiver, dated May 22, 2020;

S) Collateral Assignment of Leasehold Interest, dated May 22, 2020;

T) Assignment of Collateral Deposit Account, dated May 22, 2020

U) Borrower’s Certificate;

 

SUMMARY: 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, and are now being submitted to the BCC to receive and file. ARK 305, LLC was formed to own and operate a Papa John’s pizza franchise at 607 South Main Street in Belle Glade. The $174,444.40 HUD Section 108 loan will be used for working capital and to purchase machinery and equipment necessary to operate the business. The $181,666.60 USDA IRP loan will also be used for working capital as well as to make tenant improvements to the leased space. Papa John’s, an American pizza franchise, is the fourth largest pizza delivery restaurant chain in the United States. The ARK 305, LLC franchise will be the first Papa John’s location in Belle Glade. The project is located in a census tract that has a poverty rate of 31%. The project will create at least six full time equivalent job over five years.  In accordance with County PPM CW-O-051, all delegated contracts, agreements and grants must be submitted by initiating Department as a receive and file agenda item. These are Federal funds which require no local match. District 6 (DB)

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve a $100,000 grant to South Lake Apartments One North Lake , LLC; and

B) authorize the County Administrator or designee to execute grant agreements, amendments thereto, and all other documents necessary for project implementation.

SUMMARY: The grant will be used toward site improvement construction costs for a 36 unit multi-family housing rental project with a mix of two and three bedroom apartments in the City of Pahokee. Rent is projected to be $1,075 for the two bedroom and $1,375 for the three bedroom apartments. The estimated development cost of the project is $8.5 million. Financing includes $663,634 in secured Opportunity Zone Funds and an application for a Federal Housing Administration (FHA) loan in the amount of $7,379,166.  The project encompasses an assemblage of parcels located at 128 North Lake Avenue, 169 East Main Street, 154 East Main Street, 194 East Main Street and North Lake Avenue in Pahokee, and is located in Opportunity Zone 8002. Three of the project’s four principals have more than 118 years of combined affordable housing property management experience which includes HUD Section 8 units, rent-stabilized units in New York City (NYC) and NYC Housing Authority properties. The fourth principal has over 44 years of experience with residential real estate development and commercial development which includes 501 Studios and residential urban infill dwelling projects in Austin, Texas. This grant is contingent upon the project receiving FHA financing. These ad valorem funds will be provided from the Infrastructure and Affordable Housing Projects Fund. District 6 (HJF)

 

4.         Staff recommends motion to execute: a “Certification of Consistency with the Consolidated Plan” for Palm Beach County’s Division of Human and Veteran’s Services in connection with Fiscal Year 2020 Department of Housing and Urban Development (HUD) Continuum of Care Program Application and the HUD Youth Homeless Demonstration Project Application. SUMMARY: Palm Beach County’s Division of Human and Veteran’s Services (DHV) has prepared the 2020 Continuum of Care (CoC) Program Application and the Youth Homeless Demonstration Project (YHDP) Application for funding through the Department of Housing and Urban Development (HUD).  HUD requires the County to confirm that the activities outlined in the CoC and the YHDP Funding Applications are consistent with those set forth in the County’s Consolidated Plan. Confirmation of this consistency is documented through a “Certification of Consistency with the Consolidated Plan.” The Department of Housing and Economic Sustainability (HES) has reviewed the County’s CoC and YHDP funding applications and determined that the activities outlined therein are consistent with those outlined in the Palm Beach County FY 2015-2020 Consolidated Plan.  Specific goals outlined in both the CoC and the YHDP Grant Applications are consistent with the goals set forth in the County’s Consolidated Plan are: assist homeless persons/families to obtain and retain permanent housing; assist homeless persons/families with special needs with housing and support services; provide support services to homeless persons/families; assist persons at risk of becoming homeless; and end chronic homelessness. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to approve:

 

A) an Assumption and Consent Agreement (Assumption Agreement) with the Malibu Bay Preservation, Ltd. (New Borrower), and Executive Trust, Ltd. (Original Borrower);

 

B) a Subordination and Intercreditor Agreement (Subordination Agreement) with the New Borrower, U.S. Bank National Association and Citibank, N.A.;

 

C) a Second Global Modification and Amendment of Mortgage and Security Agreement and Other Loan Documents (Second Global Modification) and its attached Loan Rider; and

 

D) delegation of authority to the County Administrator or designee to execute the Assumption Agreement, the Subordination Agreement, the Second Global Modification and its attached Loan Rider, along with any amendments thereto and any documents necessary to complete the transaction.

 

SUMMARY: On March 1, 2005, the County entered into a Loan Agreement (R2005-0463) with the Original Borrower to provide $262,000 in State Housing Initiative Partnership Program funds towards the construction of a 262 unit affordable housing rental project. The project, known as Malibu Bay, was completed in 2005 and is located at 750 West Executive Center Drive, in West Palm Beach.  This 3% interest only cash flow dependent loan was secured by a Mortgage and Security Agreement (County Mortgage) and a Promissory Note from the Original Borrower with a maturity date of December 31, 2020, when all outstanding principal and accrued and deferred interest is payable.  On May 19, 2015, the Board of County Commissioners approved the subordination of the County Mortgage to a refinanced first mortgage of $20,729,900. As part of this transaction, the County Mortgage and Promissory Note were amended to extend the maturity date to May 1, 2050, and required the Original Borrower to begin payment of an annual monitoring fee of $7,500 as of 2016. The New Borrower proposes to purchase and renovate the development and wishes to take out a $40,000,000 new first mortgage. The New Borrower wishes to assume the financial obligations contained in County Mortgage and Promissory Note, as amended.  In addition, the New Borrower has agreed to extend the income requirement mandating that tenants occupying these units have incomes at or below 60% of area median income.  The income requirement would extend to the new maturity date of May 1, 2050.  Furthermore, the New Borrower has agreed to bring the payments owed on the County’s Promissory Note current by paying $109,755.82 at closing. District 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

J.         PLANNING, ZONING & BUILDING 

 

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

 

Reappoint

Seat

Requirement

Nominated By

Term

Kristin Materka

12

Architect

Palm Beach Chapter of Institute of Architects

8/25/20-8/24/23

 

                                                                                                             

SUMMARY: The BCAB was established by a Special Act of the Florida Legislature in 1974, and amended in 2017. The term of office for Board members is three years with no limit to the number of terms a member may serve. The Board is comprised of 16 members: one registered architect appointed from nominees submitted by the Palm Beach Chapter of the American Institute of Architects (AIA); one professional engineer appointed from nominees submitted by the Palm Beach Chapter of the Florida Engineering Society; seven members appointed from nominees submitted by any recognized regional industry trade association; and seven Building Officials, one from each commission district, appointed from nominees submitted by the Building Officials Association of Palm Beach County. The Palm Beach Chapter of the AIA has nominated Kristin Materka to be reappointed as Architect for Seat 12. This Advisory Board has 16 seats, 15 currently filled and 1 vacancy, and a diversity count of Caucasian: 13 (80%), African-American: 1 (10%) and Asian-American: 1 (10%). The gender ratio (male:female) is 14:1. The nominee is a Caucasian female. Staff has addressed the need to increase diversity within our boards and will continue to encourage this in an effort to expand the Boards diversity. Countywide (CK)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: a Partial Release of Utility Easement for that easement recorded in the Official Records of Palm Beach County, ORB 28047 Page 762. SUMMARY: Palm Beach County Water Utilities Department (PBCWUD) is seeking the release of the County’s interest in the utility easement recorded in the Official Records of Palm Beach County as noted above. The property owner is requesting release of the portion of the easement that is no longer associated with any public potable water and wastewater facilities. As a result of site development for Sinai Residences, this portion of the existing utility easement is no longer required. PBCWUD has determined that the release of the easement will not affect existing or new public potable water and wastewater facilities; and therefore, recommends approval of the release. District 5 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a Release of Utility Easement for that easement recorded in the Official Records of Palm Beach County, ORB 25684, Page 1584; and

 

B) a Partial Release of Utility Easement for that easement recorded in the Official Records of Palm Beach County, ORB 25684, Page 1587.

 

SUMMARY: Palm Beach County Water Utilities Department (PBCWUD) is seeking the release of the County’s interest in the utility easements recorded in the Official Records of Palm Beach County as noted above. The property owner is requesting release of the portion of the easements that are no longer associated with any public potable water, reclaimed water and wastewater facilities. As a result of site development for Sherbrooke Center, these portions of the existing utility easements are no longer required. PBCWUD has determined that the release of these easements will not affect existing or new public potable water, reclaimed water and wastewater facilities; and therefore, recommends approval of the release. District 3 (MJ)

 

3.         Staff recommends motion to approve: an Indemnity Agreement between CMSJR Development Group, LLC (Property Owner) and Palm Beach County. SUMMARY: The Property Owner owns a certain parcel of undeveloped commercial real estate on Okeechobee Blvd., west of Skees Road. In order to connect to the County wastewater collection system, the Property Owner proposed a connection into two private wastewater laterals located on an adjacent parcel previously owned by Luma at West Palm Beach, LLC. The Property Owner claims to have rights to use the facilities pursuant to the Drainage, Sewer and Access Easement Agreement between Luma at West Palm Beach, LLC and CMSJR Development Group, LLC. County staff approved the proposed connection subject to the Property Owner entering into an Indemnity Agreement with the County. The Drainage, Sewer and Access Easement Agreement secures continued access to the wastewater laterals for the Property Owner and ensures the continued maintenance of the wastewater laterals. This Indemnity Agreement requires the Property Owner to indemnify, defend, and hold the County harmless if the Property Owner is no longer able to utilize the two private wastewater laterals located on the adjacent parcel. Both agreements run with the land and bind successors to their terms. District 2 (MJ)

 

4.         Staff recommends motion to approve: Work Authorization (WA) No. 2 to the 2019 Pipeline Continuing Construction Contract (Contract) with Centerline Utilities, Inc., (Contractor) for the Orange Blvd., Force Main Extension & Seminole Pratt Whitney Road Pigging Stations (Project) in the amount of $305,325.72. SUMMARY: On July 14, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-0862) with Contractor. WA No. 2 provides for the installation of approximately 856 linear feet of 6-inch force main and associated appurtenances along Orange Boulevard in Loxahatchee and the installation of two force main pigging launching stations along Seminole Pratt Whitney Road. This Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On January 15, 2020, the Goal Setting Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting participation, of which 5% shall be among certified African-American and/or Hispanic-American owned firms. The Contract provides for 23.36% SBE participation which includes 10.55% MBE participation, 6.76% MBE (H) and 3.78% MBE (B). Work Authorization No. 2 includes 21.87% SBE participation of which 18.5% is MBE (H).  The cumulative SBE participation including WA No. 2 is 21.87%, which includes 18.5% MBE (H). Contractor is headquartered in Palm City, Florida but maintains an office in Palm Beach County from which the majority of the work will be undertaken. The Project is included in the PBCWUD FY20 Budget. (PBCWUD Project No. 18-076) District 6 (MJ)

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

5.         Staff recommends motion to:

 

A) approve the acceptance of a grant agreement with the State of Florida Department of Environmental Protection (DEP) in the amount of $113,296.60 for the Western Region North Wastewater Treatment Facility (WWTF) Sand and Grit Removal;

 

B) approve a budget amendment of $113,297 in the Palm Beach County Water Utilities Department (PBCWUD) Operations Fund to recognize the $113,297 grant revenue from the agreement and transfer $113,297 in expenditures to the grant budget expense line from PBCWUD budget expense line. The Catalog of State Financial Assistance No. is 37.075; and

 

C) authorize the County Administrator or designee to execute sub-recipient funding agreements, amendments, thereto, and all other documents necessary for the implementation of the grant award.

 

SUMMARY: The DEP has allotted $2,000,000 for publicly owned utilities to remove sand and grit from wastewater treatment plants with daily flow less than three million gallons per day (MGD) and must remain in operation during cleaning to avoid the discharge of untreated wastewater. PBCWUD is eligible for this grant as: 1) the Bid 20-024-CC was competitively bid and awarded; 2) the WWTF has daily flows less than three MGD and must remain in service during cleaning to avoid discharge of untreated wastewater; and 3) the WWTF is located in Pahokee and is registered as 37.9% above the poverty level with the US Census Bureau, exceeding the grant requirement of equal to, or greater than, 25%. Since the location of the WWTF exceeds the poverty requirement for this grant, no local match is required. District 6 (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

6.         Staff recommends motion to receive and file: emergency extensions to ten Consulting/Professional Services Contracts which will extend the term of the contracts to December 18, 2020.

 

A) Amendment No. 1 to Contract for Consulting/Professional Services Wastewater Engineering Services (R2017-0813) with Brown and Caldwell (Corporation);

 

B) Amendment No. 1 to Contract for Consulting/Professional Services Utility Hydrogeologic Engineering Services (R2017-0814) with JLA Geosciences, Inc.;

 

C) Amendment No. 1 to Contract for Consulting/Professional Services General Utility, Architectural and Value Engineering Services (R2017-0815) with Baxter & Woodman, Inc.;

 

D) Amendment No. 1 to Contract for Consulting/Professional Services Utility Distribution & Collection System Engineering Services (R2017-0816) with Chen Moore and Associates, Inc.;

 

E) Amendment No. 1 to Contract for Consulting/Professional Services Utility Distribution & Collection System Engineering Services (R2017-0817) with Keshavarz & Associates, Inc.;

 

F) Amendment No. 1 to Contract for Consulting/Professional Services Utility Distribution & Collection System Engineering Services (R2017-0818) with Mock, Roos & Associates, Inc.;

 

G) Amendment No. 1 to Contract for Consulting/Professional Services Electrical Instrumentation and Telemetry Engineering Services (R2017-0819) with Hillers Electrical Engineering, Inc.;

 

H) Amendment No. 1 Contract for Consulting/Professional Services Electrical Instrumentation and Telemetry Engineering Services (R2017-0820) with Smith Engineering Consultants, Inc.;

 

I) Amendment No. 1 to Contract for Consulting/Professional Services Water Treatment and Water Resources Engineering Services (R2017-0903) with Kimley-Horn and Associates, Inc.; and

 

J) Amendment No. 3 to Contract for Consulting/Professional Services Surveying and Mapping Annual Services (R2017-0732) with Dennis J. Leavy & Associates, Inc.

 

SUMMARY:  On May 5, 2020, the Board of County Commissioners certified that the on-going COVID-19 crisis constitutes a valid public emergency and delegated the authority to approve emergency extensions to ten Consulting/Professional Services Contracts to provide engineering services for various capital improvement projects, which will extend the term of the contracts to December 18, 2020. Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to approve: Amendment No. 1 (Amendment) to an existing Cooperative Agreement (Agreement) with the South Florida Water Management District (District) (R2017-1492) for the collection and analysis of water quality data in Lake Worth Lagoon (LWL). SUMMARY: The Agreement outlines the cooperative process in which Palm Beach County Environmental Resources Management (PBCERM) will collect monthly surface water quality samples and associated field parameters at 14 stations in LWL. The Amendment includes the District’s installation of three new sampling stations within LWL (for a total of 17 stations), including one auto sampler and two continuous water quality sondes with telemetry. A temporary station has been established for one of the sondes due to the ongoing construction of the Southern Boulevard bridge. Upon completion of the bridge, the Agreement will be amended to identify the location of the permanent station. PBCERM will deploy and retrieve calibrated sondes on a monthly basis. Each party is responsible for their own expenses under this Agreement. The Agreement expires on October 1, 2022. Countywide (SS)

 

2.         Staff recommends motion to receive and file: Task Assignment No. IP9 to Contract No. FWC11357 (R2012-0573) with Florida Fish and Wildlife Conservation Commission (FWC) to provide aquatic vegetation control services for water bodies within the County and a cost reimbursement of $65,860, for a term beginning upon execution to June 30, 2021. SUMMARY: On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control services in the following lakes: Clarke, Ida, Osborne, and Pine. This contract facilitates County treatment and control of aquatic exotic plants within the chain of lakes.  County work is reimbursed by FWC.  Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associated with this contract was approved at that time. In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a receive and file agenda item. Countywide (SS)

 

3.         Staff recommends motion to receive and file:  Task Assignment No. GC896-05 to the State of Florida, Department of Environmental Protection (FDEP) Contract No. GC896 (R2016-0787) providing for ongoing site management activities for cleanup of petroleum contamination sites for an amount not to exceed $501,900. The task performance period is from July 1, 2020 through June 30, 2021. SUMMARY:  On June 21, 2016, the Board of County Commissioners approved FDEP Contract No. GC896 (R2016-0787) to administer the Petroleum Restoration Program through the Department of Environmental Resources Management (ERM).  Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved at that time. Task Assignment No. GC896-01 (R2016-1603) was approved November 1, 2016, Task Assignment No. GC896-02 (R2017-1592) was approved October 17, 2017, Task Assignment No. GC896-03 (R2018-1208) was approved August 14, 2018, and Task Assignment No. GC896-04 (R2019-1174) was approved August 20. 2019.  In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating department as a receive and file agenda item. Countywide (SS)

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d) 

 

4.         Staff recommends motion to receive and file: Task Assignment No. 4 to the State of Florida, Department of Environmental Protection (FDEP) Contract No. GC913 (R2017-0838) providing for routine compliance inspections at 803 petroleum storage tank facilities within Palm Beach, Martin and St. Lucie Counties, and funding in the amount of $527,222, with a performance period of July 1, 2020 through June 30, 2021. SUMMARY:  Petroleum storage tank compliance services under a series of contracts with FDEP have been in effect since 1988.  On June 20, 2017, the Board of County Commissioners approved Contract No. GC913 (R2017-0838) with FDEP. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved June 12, 2018. In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating department as a receive and file agenda item. Countywide (SS)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve:  a budget transfer of $1,657,000 within the Golf Course Capital Fund from Golf Course Capital Improvements & Renovations FY20 to the Okeeheelee Golf Course Greens Renovation project. SUMMARY:  This funding will be used to modernize and restore the greens at Okeeheelee Golf Course after 20 years of continuous operation. The intent of the project is to restore the golf course as closely as possible to the original playing characteristics envisioned by the original designer.  Project elements include irrigation, putting surface, and sand bunker repair and renovations. Funding for this budget transfer is from the Golf Course Capital Fund. District 2 (AH)

 

2.         Staff recommends motion to receive and file:  the first extension to the Vending Service Agreement (R2019-1194) dated August 20, 2019, with the Florida State Department of Education, Division of Blind Services, for the continued operation to provide vending machine services at Palm Beach County Parks and Recreation facilities for the period August 20, 2020 through August 19, 2021. SUMMARY: On August 20, 2019, the Board approved the Vending Service Agreement with the State of Florida Department of Education Division of Blind Services.  The original agreement provided for an initial one year term, which expires on August 19, 2020, with four successive one year periods. The agreement also authorized the Department Director to provide written approval for renewal options.  The first option will extend the term of the agreement for one year, from August 20, 2020 through August 19, 2021. The Division of Blind Services will pay the County a 10% commission on gross profit for all Parks public vending machine sales with the exception of vending machines identified as Palm Beach County Parks’ employee vending machines. All other terms and conditions of the agreement remain the same. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

P.        COOPERATIVE EXTENSION SERVICE 

 

1.         Staff recommends motion to: 

 

A) accept the donation of $189,982 from the Friends of the Mounts Botanical Garden, Inc. (Friends) for the display of Moai statues fabricated and installed by Aqua Escapes, Inc., which includes $3,485 in County staff charges for the County Public Art Administrator’s role in contract management, oversite of statue design, development and siting, and risk management compliance;  and

 

B) approve a budget amendment in the Cooperative Extension Revenue Fund (Fund 1482) in the amount of $189,982.

 

SUMMARY:  The Friends agree to fund all costs associated with this project. The Friends donation of $189,982 to County includes: 1) a $186,497 fee for Aqua Escapes’ services which covers all materials, expenses, supplies, equipment and the design, fabrication and installation of the Moai statues as well as required insurance coverage, and 2) County staff charges of $3,485 for the County Public Art Administrator’s role in contract management, oversight of statue design, development and siting, and risk management compliance. District 7 (AH)

 

2.         Staff recommends motion to approve:  an agreement with the Palm Beach Soil and Water Conservation District in an amount not to exceed $79,000 to provide soil and water resource conservation services for FY 2021. SUMMARY: This agreement provides funding for the Palm Beach Soil and Water Conservation District’s (District) Resource Conservation Activities. The agreement requires Palm Beach County to provide $79,000 in funding to the District for payment of soil and water resource conservation services and health insurance benefits.  This is for the same amount that was provided to the District for FY 2020.  The District provides free services to improve water quality and water conservation in rural, agricultural, and urban communities throughout Palm Beach County. The Agriculture Mobile Irrigation Lab, Nursery Overhead Efficiency Project, and the BMP implementation/cost share have saved 63.4 million gallons of water and provided financial assistance ($106,851) to 5,991 acres of land (2018/2019). Best Management Practice implementation assists USDA/NRCS with planning and design practices such as irrigation, land smoothing, water control structures, and irrigation water management. These practices address natural resource concerns and deliver environmental benefits such as water improvement, reduction of soil erosion and sediments and creation of wildlife habitats. The District coordinates community-oriented activities throughout the County to include youth in environmental education. Ambassador of the Wetlands, Envirothon, and annual Conservation Poster contests are offered at no cost. Over 1,400 elementary and high school students participated during the 2019/2020 school year. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file:

 

A) a second amendment to the Interlocal Agreement (R2018-1223) dated April 8, 2020 with Florida Atlantic University (FAU) to extend the agreement from November 13, 2020 to November 13, 2021 and adjust the payment schedule to provide an evaluation of the PalmFUSE Program as part of the Criminal Justice Commission’s (CJC) MacArthur Foundation Safety and Justice Challenge (SJC); the total agreement amount of $128,257 is unchanged by this amendment;

 

B) a fourth amendment to the Interlocal Agreement (R2016-1806) with Florida State University (FSU) dated March 23, 2020 to reinstate and extend the contract through August 31, 2020, reinstate Exhibits A and A-1 that were inadvertently deleted in the third amendment to the contract, increase the contract amount by $45,878 and establish a new payment schedule to provide professional consultation services related to the pretrial risk assessment instrument as part of the CJC’s work in the SJC;

 

C) a second amendment to the Contract (R2019-0127) with Uptrust, Inc. dated February 24, 2020 to extend the term of the contract from February 29, 2020 to February 28, 2021 and increase contract amount by $18,000 for professional services to send text message court date reminders to defendants in support of the CJC’s work in the SJC;

 

D) a second amendment to the Interlocal Agreement (R2018-0099) dated April 2, 2020 with the Public Defender’s Office of the Fifteenth Judicial Circuit to increase the contract amount by $311,500 and expand the scope of services to add a position of Social Service Coordinator to link pretrial inmates to community-based services for release purposes;

 

E) a third amendment to the Interlocal Agreement (R2019-0999) dated May 22, 2020 with the Public Defender’s Office of the Fifteenth Judicial Circuit to increase the contract amount by $22,000 and amend the scope of services to adjust the way work is performed by the Client Navigator due to COVID-19 and jail operations; and

 

F) a first amendment to the Contract (R2019-0972) dated May 22, 2020 with Gulfstream Goodwill Industries, Inc., to decrease the contract amount by $74,913, adjust the budget cost centers and provide for early termination from September 20, 2020 to July 1, 2020 due to staffing issues.

 

SUMMARY: The above-referenced amendments are all in support of the CJC’s work in the MacArthur Foundation’s SJC to safely reduce the jail population and address racial and ethnic disparities in that population. Increases to the contracts are all from SJC grant funds. The amendment to the FAU agreement adjusts the timeline and payment schedule with no adjustment to the price for researchers to perform an evaluation of the PalmFUSE Program. The amendment to the FSU agreement reinstates the contract which expired December 31, 2019 due to the need to use the findings of their validation study and amend the pretrial risk assessment instrument to improve its predictability, reinstate Exhibits A and A-1 that were inadvertently deleted in the third amendment to the contract, increase the contract by $45,878 and establish a new payment schedule with an expiration of August 31, 2020. The amendment to the Uptrust agreement extends the term to February 28, 2021 and increases the contract by $18,000 to send text message reminders of court dates and probation and pretrial supervision appointments to defendants in criminal cases to reduce failure to appear for court and violations of supervision for missed appointments. The second amendment to the Public Defender’s agreement increases the contract by $311,500 and expands the scope of services to add a position of Social Service Coordinator to link pretrial inmates with community-based services in order to affect their release from jail. The third amendment to the Public Defender’s agreement increases the contract by $22,000 and amends the scope of services for the Client Navigator position from one position to a number of positions with a minimum of 50 cases per month due to the change in procedure for COVID-19 precautions that require inmate meetings to be done by video. The amendments to the FAU, FSU, and Public Defender’s contracts were executed by the CJC Executive Director pursuant to R2018-1223, R2016-1807, and R2019-0228 respectively. The amendment to the Uptrust contract was executed by the Purchasing Director pursuant to R2019-0127 and Purchasing Policy and Procedures CW-L-008. Countywide (JW)

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to authorize: the Mayor to execute Certificate to Non-Ad Valorem Assessment Roll (DR-408A) forms certifying the non-ad valorem assessment roll for the Municipal Service Benefit Unit (MSBU) for Fire Hydrant Maintenance and Rental‑Riviera Beach and the non-ad valorem assessment roll for the MSBU for Fire Hydrant Maintenance and Rental-Boca Raton. SUMMARY: MSBUs for fire hydrant maintenance and rental for Riviera Beach and Boca Raton were established in February of 1993, as set out in Chapter 26, Article III of the Palm Beach County Code. The current rates as established by resolutions are $52.86 per parcel for Riviera Beach (R2019-1223) and $23 per parcel for Boca Raton (R2008-0239). Every year the assessment roll must be certified by the Mayor of the Board of County Commissioners, and the State Department of Revenue (DOR) form DR-408A must be signed by the Mayor for each MSBU in order for the assessment to be included on the property’s annual tax bill. These forms and the tape of the assessment rolls must be submitted to the Tax Collector no later than September 15 of each year. Districts 4, 5 & 7 (SB)

 

2.         Staff recommends motion to approve: the write-off of uncollectible emergency transport patient accounts to remove these amounts from the County’s general ledger for the following period:

 

October 1, 2015 through September 30, 2016 (FY 2016)                    $13,595,394.95

 

SUMMARY: In December 1994, the Board authorized Fire Rescue to transport critically ill/injured patients and bill for those services. The County contracts with a private company for these billings and collections services. The County receives payment from a number of sources, including commercial insurance, Medicare, Medicaid, and private individuals. During the period October 1, 2015 to September 30, 2016, Fire Rescue generated $50,620,187.91 in gross transport billings and collected (to-date) $23,849,051.83. After adjustments of $13,175,741.13, required under the guidelines of the Medicare/Medicaid programs, the balance of $13,595,394.95 is currently deemed to be uncollectible. This balance is primarily due to partial payments, insurance denial based on medical necessity, the inability to obtain accurate patient and/or insurance information, and patients without medical coverage or high deductibles. Staff recommends the amount deemed uncollectible be written-off the County’s general ledger. Countywide (SB)

 

3.         Staff recommends motion to approve: an appointment to the Fire Code Board of Appeals and Adjustments to fill a vacancy for the term beginning August 25, 2020 through September 30, 2020, and an appointment for a new three-year term from October 1, 2020 through September 30, 2023.

 

            Nominee                                 Category                     Seat No.         Nominated By

            John P. Duffin            Fire Sprinkler Contractor             5                  Mayor Kerner

                                                                                                                        Vice Mayor Weinroth

                                                                                                                        Commissioner Valeche

                                                                                                                        Commissioner Weiss                                                                                                             Commissioner Bernard

 

SUMMARY: The Fire Code Board of Appeals and Adjustments is maintained in accordance with the Palm Beach County Local Amendments to the Florida Fire Prevention Code (Section 12-57, Palm Beach County Code).  On December 31, 2019, a memo was distributed to the Commissioners requesting nominations to this eight member board (At‑Large). This board is appointed by the Board of County Commissioners and members serve no more than three consecutive three year terms. No other nominations were received. The board consists of eight members, with five seats currently filled and a diversity count of Caucasian: 4 (80%), and Hispanic-American: 1 (20%). The nominated candidate is a Caucasian male. The current gender ratio (male:female) is 4:1.  Staff will continue to address the need to increase diversity on our boards. Countywide (SB)

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE (Cont’d)

 

4.         Staff recommends motion to approve:  a Memorandum of Agreement (MOA) with the Children’s Services Council of Palm Beach County providing funding of up to $100,000 for the Drowning Prevention Coalition for the period October 1, 2020 through September 30, 2021. SUMMARY: The Drowning Prevention Coalition program is managed by Palm Beach County Fire‑Rescue. It is funded by multiple sources, including the Children’s Services Council (CSC) of Palm Beach County and the County’s General Fund. This MOA provides the terms and conditions of the CSC’s commitment to the County to provide funding of up to $100,000 in FY 2021 for the Drowning Prevention Coalition program, inclusive of funding of up to $50,000 to specifically fund vouchers issued for swimming lessons. Although the County provides funding for the Drowning Prevention Coalition program, this CSC grant does not require a County match. Countywide (SB)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to receive and file: a fully executed Task Order #6 to Contract R2017-0764 with Woolpert, Inc. in the amount of $82,500 for the 2019 Palm Beach County Coastal Orthophotography Program. SUMMARY: Woolpert, Inc. provides geospatial services such as planimetric mapping, digital orthophotography, LiDAR processing and GPS survey in support of the County’s Geographic Information System. Task Order #6 initiates a project funded by the Palm Beach County Environmental Resources Management Department for the consultant to provide Palm Beach County coastal orthophotography.  The Chief Information Officer approved Task Order #6 by delegated authority with R2017-0764, Motion D on June 6, 2017.  The SBE goal for this contract is 15%.  Task Order #6 includes 0% participation due to the highly specialized task.  Woolpert, Inc.’s SBE contractor performs specific tasks and the County has not requested any of these services under the contract, therefore the cumulative SBE participation including Task Order #6 is 0%. Countywide (DB)

 

2.         Staff recommends motion to receive and file: a fully executed Addendum Agreement FL20-0183-01 to Pricing Schedule FL17-1431-04 (R2018-1229) extending service for the existing AT&T Emergency Call Tracking System and maintaining pricing at current rates for a period of 60 months. SUMMARY: The AT&T Emergency Call Tracking System is used to analyze statistics of emergency calls made to the NG911 network Public Safety Answering Points (PSAPs) in order to better serve the citizens of Palm Beach County. This Addendum to Pricing Schedule FL17-1431-04 maintains pricing at current rates for a period of 60 months. It does not obligate the County to any particular level of expenditure, but continues as a procurement vehicle to obtain services at a set rate as needed. The Chief Information Officer approved this Addendum Agreement by delegated authority with R2020-0376, Motion B on April 7, 2020. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

3.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2019-0344;

 

B) approve the replacement Interlocal Agreement providing updated contract terms and increased network services with the Town of Juno Beach; and

 

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

 

SUMMARY:  The Town of Juno Beach has an existing Interlocal Agreement with Palm Beach County (R2019-0344) for network and phone services, and has requested an increase in network bandwidth from 20 Mb to 100Mb for an annual increase in revenue of $3,000 from $5,160 to $8,160. Staff recommends rescinding the existing agreement and replacing it with a new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party.  This new Interlocal Agreement includes updated contract terms to provide IT services to the Town of Juno Beach. The Florida LambdaRail, LLC has approved connection of the Town of Juno Beach to the Florida LambdaRail network. District 1 (DB)

 

4.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2018-1228;

 

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

 

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

 

SUMMARY:  The Village of Wellington has an existing Interlocal Agreement with Palm Beach County (R2018-1228) for network services. Staff recommends rescinding the existing agreement and replacing it with a new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party. This new Interlocal Agreement includes updated contract terms to provide network services to the Village of Wellington. The Florida LambdaRail, LLC has approved connection of the Village of Wellington to the Florida LambdaRail network. District 6 (DB)

 

5.         Staff recommends motion to:

 

A) rescind Interlocal Agreement R2010-1146;

 

B) approve the replacement Interlocal Agreement providing updated contract terms and the addition of colocation services with the City of West Palm Beach; and

 

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

 

SUMMARY:  The City of West Palm Beach has an existing Interlocal Agreement with Palm Beach County (R2010-1146) for network services and has requested the addition of colocation for an annual increase in revenue of $9,420 from $6,600 to $16,020.  Staff recommends rescinding the existing agreement and replacing it with a new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party. This new Interlocal Agreement includes updated contract terms to provide IT services to the City of West Palm Beach. The Florida LambdaRail, LLC has approved connection of the City of West Palm Beach to the Florida LambdaRail network. District 7 (DB)

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

U.        INFORMATION SYSTEMS SERVICES (Cont’d)

 

6.         DELETED FOR FURTHER STAFF REVIEW: Staff recommends motion to:

 

A) rescind Interlocal Agreement R2014-1965;

 

B) rescind Interlocal Agreement R2013-0312;

 

C) approve the replacement Interlocal Agreement with the School Board of Palm Beach County, Florida (School Board) providing updated contract terms for network services as well as updating the formal process for usage of School Board communications towers for antenna placement; and

 

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

 

SUMMARY:  The School Board has existing Interlocal Agreements with Palm Beach County for network services (R2014-1965) and antenna placement on School Board communications towers (R2013-0312). Staff recommends rescinding the existing agreements and combining into one new agreement for a period of one year with four automatic one-year renewals unless notice is given by either party.  This new Interlocal Agreement includes updated contract terms to provide network services to the School Board and updates the process for usage of School Board communications towers for antenna placement.  ISS and the School Board have identified the need to expand the tower antenna program for distance learning. The Florida LambdaRail, LLC has approved connection of the School Board to the Florida LambdaRail network. Countywide (DB)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: Amendment 6 for contract 16TFGR26 with the Florida Council Against Sexual Violence (FCASV) for the period October 1, 2019 through June 30, 2020 to revise the amended community assessment requirements. SUMMARY: In 2016, the Division of Victim Services (DVS) was awarded an annual grant from FCASV. The funds are used to support and provide sexual assault recovery services to primary and secondary victims.  Amendment 6 to contract #16TFGR26 (R2016-1195, CSFA 64.061 and CSFA 64.069) replaces the previously revised community needs assessment requirements. The sexual assault community assessments are a multi-year project, with the following focused requirements during the 2019-2020 term: Attachment I, Section C.1.a.3 is revised stating that during the 2019-2020 subcontract term DVS shall initiate a sexual assault services community needs assessment. The sexual assault program director or a senior manager shall coordinate and participate in the community needs assessment activities and be the point of contact with FCASV for this project. DVS shall conduct a minimum of two focus groups with a minimum of three participants each. R2006-0095/0096 authorized the County Administrator or designee to execute FCASV grant contracts on behalf of the County. Countywide (JW)

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to receive and file: five Grant Adjustment Notices (GAN) #004: Programmatic Requirement; GAN #005: Program Office Approvals; GAN #006: Project Scope Change; GAN #007: Budget Modification; and GAN #008: Change Project Period extending the grant period through September 30, 2021; with the Department of Justice (DOJ) for the Second Chance Act Innovations in Reentry Initiative (Award # 2017-CZ-BX-0003). SUMMARY:  Palm Beach County was awarded a Second Chance Act Innovations in Reentry Initiative grant on September 19, 2017, from the DOJ for $850,000 (Award # 2017-CZ-BX-0003) to facilitate the reduction of recidivism in Palm Beach County. On May 16, 2017, the Board of County Commissioners authorized the County Administrator or designee to execute grant award and amendments and to submit electronic reports associated with the Innovations in Reentry Initiative grant. These documents are now being submitted to the Board for receive and file. GAN #004 approved the Planning and Implementation Guide. GAN #005 approved a peer learning opportunity in Chicago, Illinois. GAN #006 approved changing the total number of participants for each reentry service provider. GAN #007 approved modifying the budget for each reentry service provider. GAN #008 approved a no cost extension for the project period to extend to September 30, 2021. Countywide (SF)

 

3.         Staff recommends motion to receive and file: the following amendments to Contracts/Interlocal Agreement for Adult and Youth Reentry Services:

 

A) the first amendment to Contract #R2019-1568 - The Lord’s Place, Inc. (TLP);

 

B) the first amendment to Contract #R2019-1569 - Gulfstream Goodwill Industries, Inc.

(GGI);

 

C) the first amendment to Interlocal Agreement #R2019-1570 - The City of Riviera Beach Reentry Center (RB); and

 

D) the first amendment to Contract #R2019-1571 – Gulfstream Goodwill Industries, Inc. (GGI) Youth Reentry.

 

SUMMARY: Palm Beach County Division of Justice Services subcontracts with three reentry providers to coordinate adult and juvenile reentry services to those returning to Palm Beach County from incarceration. On October 8, 2019, 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. The first amendment to TLP, GGI, RB, and GGI – Youth Reentry provides more information about case management services and reporting deadlines and removes the Client Acknowledgement Form for pro-social activities. The first amendment to TLP, GGI, and RB clarifies that the maximum amounts per reentry participant for client support services applies to Florida Department of Corrections (FDC) funding only, and allocates funding from the Florida Department of Law Enforcement and Department of Justice grants to reentry services. Exclusively, the first amendment to GGI and GGI – Youth Reentry changes the staff contact information for notices required in this contract. Furthermore, the first amendment to TLP removes the timesheet requirement for pre-release case management reimbursement to adhere to the FY20 FDC Purchase Order. These contract amendments are retroactive to November 22, 2019. Countywide (SF)

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to receive and file: the following amendments to Contracts/Interlocal Agreement for Adult and Youth Reentry Services:

 

A) the second amendment to Contract #R2019-1568 -The Lord’s Place, Inc. (TLP);

 

B) the second amendment to Contract #R2019-1569 - Gulfstream Goodwill Industries,

Inc. (GGI);

 

C) the second amendment to Interlocal Agreement #R2019-1570 - The City of Riviera

Beach Reentry Center (RB); and

 

D) the second amendment to Contract #R2019-1571 – Gulfstream Goodwill Industries,

Inc. (GGI) Youth Reentry.

 

SUMMARY: Palm Beach County Division of Justice Services subcontracts with three reentry providers to coordinate adult and juvenile reentry services to those returning to Palm Beach County from incarceration. On October 8, 2019, 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. The second amendment to TLP, GGI, and RB adds compensation for incentives for successful performance outcomes, cell phones, tablets, minutes for cell phone, and cell phone bill as an allowable expense. Furthermore, to ensure utilization of funding, second amendment to TLP and GGI shifts ad valorem and Florida Department of Corrections funding between case management and client support services for no total cost difference.  The second amendment to GGI – Youth Reentry adds compensation for basic needs, bicycles, and bicycle equipment as an allowable expense. These contract amendments are retroactive to March 1, 2020. Countywide (SF)

 

5.         Staff recommends motion to receive and file: Modification #1 to Federally-funded Subgrant Agreement (G0059) with the State of Florida, Division of Emergency Management in the amount of $276,066 for the FY2019-20 Emergency Management Performance Grant (EMPG) extending the grant period from June 30, 2020 through September 30, 2020. 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 was requested to allow time to spend the funds efficiently.  The EMPG grant (CFDA #97.042) is federally funded and reoccurs annually. These funds are used to enhance and improve emergency management plans and programs and provide operational support.  The grant will be used to further enhance emergency planning, response, mitigation and recovery in the County.  This modification does not change the Subgrant agreement amount. R2012-1731 dated November 20, 2012, delegated authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. Countywide (LDC)

 

6.         Staff recommends motion to receive and file: Amendment #002 to agreement R2012-1731 with the Florida Commission on Community Service d/b/a Volunteer Florida serving as the administrative agency FY 2019-20 Federal Emergency Management Performance Grant Program (EMPG) in the amount of $5,000 extending the grant period from June 30, 2020 through August 30, 2020. SUMMARY: Palm Beach County is currently responding to COVID-19 to ensure the safety of its citizens.  Because of this response and the business interruption, an extension was requested to allow significant time to procure the training and associated supplies needed for the Community Response Emergency Response Team (CERT). R2012-1731 authorized the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. Countywide (LDC)

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

7.         Staff recommends motion to receive and file: Extension Award Letter from the City of Miami for Agreement Number 19-DS-04-11-23-02-319 in the amount of $176,117 for the FY2018-2019 Urban Area Security Initiative (UASI) grant extending the grant period from September 30, 2020 through November 15, 2020. 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 was requested to allow time to spend the funds efficiently. The original Memorandum of Agreement (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 training and exercise, and Fire Rescue was awarded $26,117 for an All Hazards Incident Management Team training. R2013-0622 delegated authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. Countywide (LDC)

 

8.         Staff recommends motion to:

 

A) accept Urban Area Security Initiative GY 2019 – Award Letter;

 

B) receive and file Memorandum of Agreement Urban Area Security Initiative (UASI) FY 2019 agreement number R0075 with the City of Miami to receive $146,965 in reimbursable grant funding for the period June 16, 2020 through June 30, 2021; and

 

C) approve a budget amendment of $115,435 in the Urban Areas Security Initiative Grant Fund to adjust the budget to the actual grant award.  

 

SUMMARY:  This Memorandum of Agreement (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. UASI awarded $146,965 to the County’s Public Safety Department’s Division of Emergency Management for a continuity of operations workshop, a shelter deficit plan, and a transportation/ evacuation plan. R2013-0622 delegated authority to the County Administrator or designee to execute these agreements on behalf of the Board of County Commissioners. No County matching funds are required. Countywide (LDC)

 

9.         Staff recommends motion to approve:

 

A) the Florida E911 Board special disbursement of $228,000 earned interest intended to help the County with COVID-19 expenses for 911; and

 

B) a budget amendment of $228,000 in the Emergency Communications Number “E-911” Fund to recognize the funds from the Florida E911 Board to establish the budget for COVID-19 related expenses.

 

SUMMARY:  On May 13, 2020, at their regularly scheduled meeting, the Florida E911 Board approved a special disbursement to the counties for pandemic response related expenses.  Palm Beach County received $12,000 per Public Safety Answering Portal (PSAP), for a total of $228,000. This amount is based on the 19 PSAPs reported in the 2018-19 Annual Report to the E911 Board.  These funds were received by the County on June 8, 2020. These funds will reimburse the PSAPs for COVID-19 related expenses and pay for County equipment purchased related to PSAP operations during the pandemic. Countywide (JW)

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

10.       Staff recommends motion to:

 

A) receive and file Contract Renewal #1 to Original Contract COHO3 with the State of Florida, Department of Health, for the period of July 1, 2020 through June 30, 2023 to receive appropriation funding from the Florida Legislature in the amount of $846,117 for sexual assault services to primary and secondary victims of sexual assault; and

 

B) approve a budget amendment of $775,607 in the Public Safety Grants Fund to adjust the budget to the actual grant award.

 

SUMMARY:  The Division of Victim Services had a three year contract with the State of Florida Department of Health in the amount of $846,117 which expired June 30, 2020.  Contract Renewal #1 extends the contract to June 30, 2023 and provides for an additional $846,117 for the continuation of advocacy, therapy, and forensic exam services to victims of sexual assault.  Funding is used for rent expenses of the Butterfly House, the forensic exam facility, and personnel to include two Victim Advocates, one Licensed Therapist, and one Sexual Assault Nurse Examiner (SANE) Coordinator.  The Victim Advocates provide individual supportive counseling, crisis intervention, legal advocacy, accompaniment, information and referral, and other advocacy services.  The Licensed Therapist conducts individual and group therapy sessions to assist victims to cope with trauma. The SANE Coordinator ensures 24-hour response coverage, documents and collects forensic evidence, conducts forensic rape examinations, assesses patients for medical treatment, and prepares for offender prosecution.  R2011-1223 authorized the County Administrator or designee to execute contracts and amendments utilizing funding from the State of Florida, Department of Health on behalf of the Board of County Commissioners.  No County matching funds are required. Countywide (JW)

 

11.       Staff recommends motion to receive and file: an amended Purchase Order (B53AD1) for $250,000 for contractual reentry services from the Florida Department of Corrections (FDC) for the service period of October 1, 2019 through June 30, 2020. SUMMARY:  The FY19-FY20 General Appropriations Act, Specific Appropriations 745 provided $250,000 (CSFA #70.011) in non-recurring general revenue funds to the Palm Beach County Board of County Commissioners. The funding is for reentry services including case management and client support services. The target population will be eligible program participants who are housed and recently released from a FDC facility and returning to Palm Beach County through the Regional and State Transitional Offender Reentry Initiative. Services will be provided contractually by three agencies, The Lords Place, Inc., The City of Riviera Beach Reentry Center, and Gulfstream Goodwill Industries, Inc.  The original purchase order was amended to add “Post-Release Basic Technology Needs and Financial Assistance” to the compensation chart. Countywide (SF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

12.       Staff recommends motion to receive and file: the following emergency contracts for non-congregate shelter services related to Coronavirus (COVID-19):

 

A) Hotel 1      April 28, 2020 through May 31, 2020;

 

B) Hotel 2      April 27, 2020 through May 27, 2020;

 

C) Hotel 3      April 16, 2020 through June16, 2020;

 

D) Hotel 4      April 15, 2020 through June 01, 2020;

 

E) Hotel 5      April 10, 2020 through May 31, 2020; and

 

F) Hotel 6      April 03, 2020 through June 30, 2020.

 

SUMMARY: On March 13, 2020, the President declared the ongoing COVID-19 pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act). Emergency declaration designated “FEMA-4468-DR-FL” for State, territorial, tribal, and local government entities and certain private non-profit organizations that are eligible to apply for Public Assistance (PA).  Public Assistance is a federal grant to aid state and local governments in returning a disaster area to pre-disaster conditions. On March 31, 2020, the County requested approval from FEMA through the State of Florida Division of Emergency Management for non-congregate sheltering and support services. On April 6, 2020, the County was granted approval from FEMA to conduct emergency non-congregate sheltering activities under the PA program. Six hotels within the County signed agreements to provide said services. Due to the Declaration of Emergency issued by Palm Beach County, the County Administrator or designee has the ability to enter into these contracts. The County will request reimbursement of actual expenses associated with the contracts through the PA program or utilize the Coronavirus Aid, Relief, and Economic Security Act Relief Fund. As part of the PA Program, FEMA will typically fund 75% of the cost.  FEMA funding will be calculated on actual expenditures incurred and be received from the State of Florida, Division of Emergency Management, on a reimbursement basis.  The State of Florida will contribute 12.5% of the qualifying actual expenditures leaving the County responsible for absorbing the remaining 12.5%. Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

13.       Staff recommends motion to receive and file: the following Declarations and Emergency Orders (EO) related to COVID-19.

 

A) Declaration of a State of Emergency Palm Beach County (PBC), FL for COVID-19, dated March 13, 2020;

 

B) Declaration of Continuing State of Emergency PBC, FL, dated March 19, 2020;

 

C) EO Number 1 PBC COVID-19, closure of restaurants, social gatherings and beaches, dated March 22, 2020;

 

D) Amendment to EO Number 1 PBC COVID-19 (2020-001a), closure of all boat docks, ramps, marinas, and any other venues utilized for launching any vessels, dated March 23, 2020;

 

E) Declaration of Continuing State of Emergency PBC, FL, dated March 25, 2020;

 

F) EO Number 2 PBC COVID-19 (2020-002), closure of all noncritical retail and commercial businesses, dated March 26, 2020;

 

G) EO Number 2020-002a Replacing EO Number 2020-002 PBC COVID-19 (2020-002a), clarify provisions of closures of all noncritical retail and commercial businesses dated March 29, 2020; and

 

H) Declaration of Continuing State of Emergency PBC, FL, dated April 3, 2020.

 

SUMMARY: On March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on–going risk posed by COVID-19, including the fact that at least eight Florida counties had reported positive cases of COVID-19. The County issued a State of Local Emergency on Friday, March 13, 2020. The State of Local Emergency was declared to initiate emergent actions taken by the County Administrator to ensure the health, safety and welfare of the community. Multiple Emergency Orders and Declarations were issued in response to COVID-19 response activities. The County’s Emergency Operation Center was activated to a Level 2 activation at 0700 hours on Monday, March 16, 2020.  Pursuant to PBC Code Article II, Section 9-35, in the event a special meeting of the Board of County Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a State of Local Emergency. With the executed State of Local Emergency, resources were available through the Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency Management Agency Public Assistance. Staff were then able to purchase equipment, materials, supplies, and open non-congregate shelters for residents and persons who may be in need of isolation. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

14.       Staff recommends motion to receive and file: the following Declarations and Emergency Orders (EO) related to COVID-19:

 

A) EO Number 3 Palm Beach County (PBC) COVID-19 (2020-003), closure of all parks, beaches, and golf courses, dated March 25, 2020;

 

B) Amendment to EO Number 3 PBC COVID-19 (2020-003a), PBC Directing Stay Home-Stay Safe: Safer at Home Policy, to clarify closures of all parks, beaches, and golf courses, dated March 29, 2020;

 

C) Declaration of Continuing State of Emergency PBC FL, dated April 10, 2020;

 

D) EO Number 4 PBC COVID-19 (2020-004), directive to wear facial covers, dated April 11, 2020;

 

E) Declaration of Continuing State of Emergency PBC, FL, dated April 17, 2020;

 

F) Declaration of Continuing State of Emergency PBC, FL, dated April 24, 2020;

 

G) EO Number 5 PBC COVID-19 (2020-005), opening of boating and marine activities, dated April 27, 2020; and

 

H) Declaration of Continuing State of Emergency PBC, FL, dated May 1, 2020.

 

SUMMARY: On March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on–going risk posed by COVID-19, including the fact that at least eight Florida counties had reported positive cases of COVID-19. The County issued a State of Local Emergency on Friday, March 13, 2020. The State of Local Emergency was declared to initiate emergent actions taken by the County Administrator to ensure the health, safety and welfare of the community. Multiple Emergency Orders and Declarations were issued in response to COVID-19 response activities. The County’s Emergency Operation Center was activated to a Level 2 activation at 0700 hours on Monday, March 16, 2020.  Pursuant to PBC Code Article II, Section 9-35, in the event a special meeting of the Board of County Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a State of Local Emergency. With the executed State of Local Emergency, resources were available through the Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency Management Agency Public Assistance. Staff were able to purchase equipment, materials, supplies, and open non-congregate shelters for residents and persons who may be in need of isolation. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

15.       Staff recommends motion to receive and file: the following Declarations and Emergency Orders (EO) related to COVID-19:

 

A) EO Number 6 PBC COVID-19, reopening of beaches, dated May 16, 2020;

 

B) EO Number 7 PBC COVID-19 (2020-007), reopening of recreational facilities, dated May 16, 2020;

 

C) EO Number 8 PBC COVID-19 (2020-008), additional directive on wearing of facial coverings, dated May 16, 2020;

 

D) Declaration of Continuing State of Emergency PBC FL, dated May 7, 2020;

 

E) Declaration of Continuing State of Emergency PBC FL, dated May 15, 2020;

 

F) Declaration of Continuing State of Emergency PBC FL, dated May 21, 2020;

 

G) EO Number 9 PBC COVID-19 (2020-009), Repeal of EO 2020-002a, dated May 22, 2020; and

 

H) Declaration of Continuing State of Emergency PBC FL, dated May 27, 2020.

 

SUMMARY: On March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on–going risk posed by COVID-19, including the fact that at least eight Florida counties had reported positive cases of COVID-19. The County issued a State of Local Emergency on Friday, March 13, 2020. The State of Local Emergency was declared to initiate emergent actions taken by the County Administrator to ensure the health, safety and welfare of the community. Multiple Emergency Orders and Declarations were issued in response to COVID-19 response activities. The County’s Emergency Operation Center was activated to a Level 2 activation at 0700 hours on Monday, March 16, 2020.  Pursuant to PBC Code Article II, Section 9-35, in the event a special meeting of the Board of County Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a State of Local Emergency.  With the executed State of Local Emergency, resources were available through the Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency Management Agency Public Assistance. Staff were able to purchase equipment, materials, supplies, and open non-congregate shelters for residents and persons who may be in need of isolation. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

16.       Staff recommends motion to receive and file: the following Emergency Orders (EO) related to COVID-19.

 

A) EO Number 10 PBC COVID-19, additional directive on wearing facial coverings, dated June 4, 2020;

 

B) EO Number 11 PBC COVID-19, additional directive on recreational facilities, dated June 10, 2020;

 

C) EO Number 12 PBC COVID-19, additional directive on wearing facial coverings, dated June 24, 2020;

 

D) EO Number 13 PBC COVID-19, temporary beach closures, dated June 29, 2020;

 

E) EO Number 14 PBC COVID-19, restriction on operating hours of restaurants, food establishments, and other businesses, dated July 14, 2020;

 

F) EO Number 15 PBC COVID-19, revised restriction on operating hours of restaurants, food establishments, and other businesses, and clarification of current business closures, dated July 23, 2020; and

 

G) EO Number 16 PBC COVID-19, extension of facial coverings directive.

 

SUMMARY: On March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on–going risk posed by COVID-19, including the fact that at least eight Florida counties had reported positive cases of COVID-19. The County issued a State of Local Emergency on Friday, March 13, 2020. The State of Local Emergency was declared to initiate emergent actions taken by the County Administrator to ensure the health, safety and welfare of the community. Multiple Emergency Orders and Declarations were issued in response to COVID-19 response activities. The County’s Emergency Operation Center was activated to a Level 2 activation at 0700 hours on Monday, March 16, 2020.  Pursuant to PBC Code Article II, Section 9-35, in the event a special meeting of the Board of County Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a State of Local Emergency.  With the executed State of Local Emergency, resources were available through the Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency Management Agency Public Assistance. Staff were then able to purchase equipment, materials, supplies, and open non-congregate shelters for residents and persons who may be in need of isolation. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

17.       Staff recommends motion to receive and file: the following Declarations related to COVID-19:

 

A) Declaration of Continuing State of Emergency PBC FL, dated June 4, 2020;

 

B) Declaration of Continuing State of Emergency PBC FL, dated June 11, 2020;

 

C) Declaration of Continuing State of Emergency PBC FL, dated June 19, 2020;

 

D) Declaration of Continuing State of Emergency PBC FL, dated June 25, 2020;

 

E) Declaration of Continuing State of Emergency PBC FL, dated July 1, 2020;

 

F) Declaration of Continuing State of Emergency PBC FL, dated July 9, 2020; and

 

G) Declaration of Continuing State of Emergency PBC FL, dated July 16, 2020.

 

SUMMARY: On March 9, 2020, the Governor issued Executive Order No. 20-52 declaring a State of Emergency in the State of Florida based on the on–going risk posed by COVID-19, including the fact that at least eight Florida counties had reported positive cases of COVID-19. The County issued a State of Local Emergency on Friday, March 13, 2020. The State of Local Emergency was declared to initiate emergent actions taken by the County Administrator to ensure the health, safety and welfare of the community. Multiple Emergency Orders and Declarations were issued in response to COVID-19 response activities. The County’s Emergency Operation Center was activated to a Level 2 activation at 0700 hours on Monday, March 16, 2020.  Pursuant to PBC Code Article II, Section 9-35, in the event a special meeting of the Board of County Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a State of Local Emergency.  With the executed State of Local Emergency, resources were available through the Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency Management Agency Public Assistance. Staff were then able to purchase equipment, materials, supplies, and open non-congregate shelters for residents and persons who may be in need of isolation. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

Z.        RISK MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on Quarterly Federal Excise Tax Return Form 720, and payment of the Patient-Centered Outcomes Research Institute (PCORI) fee, in the amount of $18,616, to the Internal Revenue Service under the provisions of the Affordable Care Act (ACA);

 

B) authorize the County Administrator or designee to execute future Quarterly Federal Excise Tax Returns (Form 720) on behalf of the Board of County Commissioners; and 

C) authorize future payments of the Patient Protection and Affordable Care Act annual fee as required.

 

SUMMARY: The Patient Protection and Affordable Care Act imposed an annual fee on plan sponsors of certain self-insured health plans to help fund PCORI. The County sponsors self-insured health plans that are considered specified health plans under the provisions of the ACA, and is therefore required to pay this annual fee. The PCORI fee was anticipated to be a seven year program ending December 31, 2019. Earlier this year, Congress voted to extend this program until the end of 2029. The fee is $2.54 per average covered life, totaling $18,616 annually. The regulations require the annual fee to be reported on the Quarterly Federal Excise Tax Return Form 720 (specifically noted on Part II of the form), which must be executed by the Board of County Commissioners. The emergency signature process was utilized because there was not sufficient time to submit the Quarterly Federal Excise Tax Return Form 720 through the regular BCC agenda process. Countywide (HH)

 

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve: a Letter of Understanding between Palm Tran Inc. and the Amalgamated Transit Union (ATU) Local 1577 granting compensatory time to Palm Tran bus operators, mechanics, utility workers and storekeepers for time worked during the pay periods between April 1, 2020 and May 18, 2020. SUMMARY: The negotiation committees for Palm Tran and the ATU have concluded negotiations and a Letter of Understanding, tentatively approved by both committees, has been reached. As agreed to in the Letter of Understanding, employees who maintained a physical presence in the workplace and worked 80% or more of their bi-weekly schedule will be granted one day (eight hours) of compensatory time per the designated pay periods. The proposed Letter of Understanding, incorporating all agreed upon terms, was ratified by the bargaining unit on July 15, 2020. Countywide (DR)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN (Cont’d)

 

2.         Staff recommends motion to: 

 

A) adopt a Resolution of the Board of County Commissioners (BCC), of Palm Beach County, Florida, approving a Public Transportation Grant Agreement (PTGA) (FM no. 446742-1-84-01), in the amount of $216,000, with the State of Florida Department of Transportation (FDOT); to provide a grant award of $108,000 in operating assistance to fund 50% of a position in Mobility Management for the period October 1, 2020 through September 29, 2023;

 

B) approve one grant funded, full-time equivalent position for a Mobility Coordinator; and

 

C) approve a budget amendment in Palm Tran Operating Fund 1340 in the amount of $108,000 to recognize the grant award and required match.

 

SUMMARY: The Mobility Coordinator position will improve the provision of bus service by identifying customer needs and optimizing agency outreach by conducting surveys of ridership in addition to promoting the use of innovative technologies, social media and other methods to improve customer service and stream line communications. This is a grant funded position, requiring a fifty percent match ($108,000) that will be eliminated when the grant expires unless funding is provided by the BCC to retain the position. Established metrics for the position will include, but not limited to, amount of coordinated outreach events, increases in social media traffic and frequency of conducting ridership surveys. The PTGA will become effective upon execution by the Florida Department of Transportation (FDOT), and has an anticipated expiration date of September 29, 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. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file: a contract for Professional Services with Tonise Florexil, a Postdoctoral Psychology Fellow (Fellow), to complete a requirement of 2,000 hours of clinical work that will provide training and experience in family and youth counseling, in the amount of $37,080, for the period August 3, 2020, through July 30, 2021. SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division (Division) is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, and other related fields.  Postdoctoral programs require 2,000 hours of supervised services in order to meet state licensing requirements.  The Division is offering its program as a location to obtain this training. The Fellow, at a minimum, is assigned and completes the workload equivalent to a Licensed Therapist.  The base hourly rate of a Licensed Therapist is $26.02 versus the hourly fellowship contract rate of $18.29. Additionally, the Fellow will receive a $500 stipend for health insurance.  On October 3, 2006, Agenda Item 3X-2 authorized the County Administrator or designee to execute future postdoctoral psychology resident (n/k/a Fellow) contracts on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations. The contract spans two fiscal years. Sufficient funding is included in the current budget and in the proposed FY 2021 budget to meet county obligations.  The contract was executed early to allow the selected Fellow to make necessary plans following graduation. Countywide (HH)

 

2.         Staff recommends motion to approve: a Cares Act Funding Agreement with Early Learning Coalition of Palm Beach County, Inc. (Coalition) providing funding in an amount not to exceed $900,000, for the period August 31, 2020, through December 30, 2020, to establish the funding source for child care scholarships to qualified families with child care needs while the School District is providing distance learning. SUMMARY: The Coalition is committed to providing comprehensive, high-quality early learning environments that benefit the children and families of Palm Beach County to ensure every child is ready to succeed in school and life. Palm Beach County and the Coalition understand the need to have access to child care services for those families affected by financial difficulties due to COVID-19. The County will provide funding in an amount not to exceed $900,000 from its Coronavirus Aid, Relief, and Economic Security Act allocation, through the Palm Beach County Youth Services Department.  As an exception to Palm Beach County Administrative Code Rule 305.02 and County policy, approval of this agreement will allow the County to provide advance payments to the Coalition, establishing the necessary funding source for the Coalition to pay child care providers for families awarded scholarships through the Coalition’s application process. The Coalition will evaluate the applications and awards will be granted to children in kindergarten through 5th grade.  Eligibility criterion will prioritize homeless children, children whose parents work or attend school during the hours of Palm Beach County School District’s distance learning and have a household income equal to or less than of 200% of Federal Poverty Guidelines.  All expenditures must be completed by December 30, 2020. Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     INTERNAL AUDIT

 

1.         Staff recommends motion to receive and file:

 

A) Audit reports reviewed by the Audit Committee at its June 17, 2020 meeting as follows:

 

1. 2020-01  Planning, Zoning & Building – Building Division - Permitting Section

2. 2020-02  Planning, Zoning & Building – Zoning Division

3. 2020-03  Public Safety – Justice Services Division

 

B) Audit recommendation status follow-up report as of May 15, 2020.

 

SUMMARY: County Code Section 2-260.16 requires the Internal Audit Committee to review audit reports prior to issuance.  County Code Section 2-463 requires the County Internal Auditor to send those reports to the Board of County Commissioners. At its meeting on June 17, 2020, the Committee reviewed and authorized distribution of the attached audit reports. The Committee also reviewed and authorized distribution of the Audit Recommendation Status Follow-up Report as of May 15, 2020. We are submitting these reports to the Board of County Commissioners as required by the County Code. Countywide (DB)

 

 

            DD.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept a Bureau of Justice Assistance Bulletproof Vest Partnership Grant in the amount of $158,469.80 for the period of October 1, 2019, through August 31, 2020 for the purchase of Bulletproof Vests; and

 

B) approve a budget amendment of $158,470 in the Sheriff’s Grants Fund.

 

SUMMARY:  The Bureau of Justice Assistance has made available funds for the purchase of Bulletproof Vests for law enforcement personnel. The Palm Beach County Sheriff’s Office was awarded the amount of $158,469.80 for the purchase of National Institute of Justice approved vests. The required match in the amount of $158,469.80 is provided by the Palm Beach County Sheriff’s Office and is included in the Sheriff’s approved FY 2020 Budget. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to approve: a budget transfer of $293,690 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).  SUMMARY: Section 932.7055(5), Florida Statutes, provides that the seizing agency shall use forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes, also requires that no less than 25% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2020 donation requirement is $240,941. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $1,374,078.  The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in Section 932.7055(5), Florida Statutes. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $764,659. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $470,969.  The PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida Statutes.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required.  Countywide (DC)

 

ORGANIZATION

AMOUNT

A Matter of Conscience, Inc.(Adopt A Bear)

 $10,000

Alpha Omega Alliance, Inc.

 $25,000

Anti-Defamation League, Inc.

 $30,000

April is for Authors Foundation, Inc.

 $2,000

Area Agency on Aging Palm Beach, Treasure Coast, Inc.

 $15,000

Center for Trauma Counseling, Inc.

 $10,000

Hands Together for Haitians, Inc.

 $10,000

Inner City Innovators, Inc.

 $25,000

PACE Centers for Girls, Inc.

 $10,000

Palm Beach County Sheriff's Foundation, Inc. (Explorers)              

 $36,690

Palm Beach County Sheriff's Foundation, Inc .(School Supplies)    

 $35,000

Palm Beach County Sheriff's Foundation, Inc. (Shop with a Cop)   

 $45,000

Palm Beach County Sheriff's Foundation, Inc. (Youth Scholarships)

 $25,000

Project Lift, Inc.( Belle Glade)

 $10,000

Zoological Society of the Palm Beaches, Inc.

 $5,000

 

 

Total Amount

293,690

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Federally-Funded SubAward & Grant Agreement for a FY17 State Homeland Security Grant in the amount of $110,000, for the period of June 30, 2020 through December 31, 2020; and

 

B) approve a budget amendment in the amount of $110,000 in the Sheriff’s Grant Fund.

 

SUMMARY: On July 1, 2020, the Palm Beach County Sheriff’s Office received a FY17 State Homeland Security Grant Program award from the State of Florida, Division of Emergency Management. These funds will be used to support equipment needs for the SWAT Specialty team. There is no match associated with this award.  Countywide (LDC)

 

4.         Staff recommends motion to receive and file: Amendments #1 and #2 to the contract between the Florida Department of Education (FDOE) and the Palm Beach County Sheriff’s Office which amends the budget and extends the grant period from June 30, 2020 through August 20, 2020. SUMMARY: On October 1, 2019, the Palm Beach County Sheriff’s Office (PBSO) received a grant award from FDOE to implement a Safe Schools Security Guard Training Program in partnership with the Palm Beach County School District, to ensure all charter schools in Palm Beach County are equipped with a Safe-School Officer in compliance with Section 1006.12, Florida Statutes. The Board of County Commissioners accepted this grant award on November 19, 2019 (R2019-1813). Amendment #1 modified the budget to include uniforms and equipment needs for PBSO’s Certified Trainers.  Amendment #2 extends the grant period from June 30, 2020 through August 2020. There is no match requirement associated with this award. Countywide (LDC)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Contract Between the Florida Council Against Sexual Violence and the Palm Beach County Sheriff’s Office for a Trauma Informed Sexual Assault Investigations Grant award in the amount of $100,000 for the period July 1, 2020 through June 30, 2022; and

 

B) approve a budget amendment of $100,000 in the Sheriff’s Grants Fund.

 

SUMMARY: On July 17, 2020 the Palm Beach County Sheriff’s Office received a FCASV grant. These funds will be used to hire one full time detective who will be assigned to the Special Investigations Division (SID) to investigate sex crimes against victims ages 11 years of age and older. The grant will also provide Trauma Informed Training to SID detectives responsible for responding to crimes of sexual assault. The PBSO will be reimbursed for personnel costs totaling $100,000. The PBSO will provide the 25% required match in the amount of $33,334 through its approved operating budget. One PBSO position is created with this action. An increase in funding from the County will be requested through our annual budget process once the grant ends. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

DD.     SHERIFF (Cont’d)

 

6.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a new 2020 TSA NEDCTP contract award in the amount of $126,249 for the period July 1, 2020 through December 31, 2020; and

 

B) approve a budget amendment of $126,249 in the Sheriff’s Grants Fund.

 

SUMMARY: On June 30, 2020, the U.S. Department of Homeland Security, Transportation Security Administration (TSA) executed a new contract with the Palm Beach County Sheriff’s Office to offset the costs of five Canine Teams at the Palm Beach International Airport through the National Explosives Detection Canine Team Program. Partial funding has been awarded in the amount of $126,249 for the period of July 1, 2020 through December 31, 2020 with the discretion of continuing to fund the five Canine Teams for a period up to five years. Countywide (LDC)

 

7.         Staff recommends motion to receive and file: Grant Adjustment Number #1 and Grant Adjustment #2 to the contract between the Florida Department of Law Enforcement and the Palm Beach County Sheriff’s Office which clears the special condition S0001 and extends the grant period from June 30, 2020 through December 31, 2020. SUMMARY: On October 1, 2019, the Palm Beach County Sheriff’s Office received a grant award from the Florida Department of Law Enforcement in the amount of $10,000 for the FY20 Identity Theft and Fraud Grant Program. The Board of County Commissioners accepted this grant award on December 17, 2017, 2019 (R2019-1813). Grant Adjustment #1 clears the Special Condition S0001 pertaining to Workweek and Overtime. Grant Adjustment #2 extends the grant period from June 30, 2020 through December 31, 2020.There is no match requirement associated with this award. Countywide (LDC)

 

 

EE.      TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed Palm Beach County Agreement managed by the Palm Beach County Sports Commission, Inc. on behalf of the Palm Beach County Tourist Development Council with South Florida Collegiate Baseball, Inc. for the promotion of South Florida Collegiate Baseball League which was held June 12 – July 31, 2020. SUMMARY:  The South Florida Collegiate Baseball League provides amateur players an opportunity to showcase themselves in hopes of reaching the professional level.  The league played from June 12 – July 31, 2020 at Santaluces Athletic Complex, Miller Park, Palm Beach Atlantic University, and Joe Russo Athletic Complex. The Sports Commission investment of $17,500 is expected to bring an estimated 2,002 room nights to the County. In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating department as a receive and file agenda item. Districts 1, 2, 3 & 4 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

FF.      OFFICE OF EQUAL OPPORTUNITY

 

1.         Staff recommends motion to:

 

A) ratify the Mayor’s signature on Cooperative Agreement No. FF204K204023 amendment with the U.S. Department of Housing and Urban Development (HUD) to recognize additional Special Enforcement Effort funds awarded to the Office of Equal Opportunity (OEO) in the amount of $17,443 for the OEO to purchase technology assets for the period of August 1, 2020 through December 31, 2020;

 

B) authorize the County Administrator or designee to execute amendments, documents, and electronic grant reporting forms, related to this grant, on behalf of the Board of County Commissioners (BCC), after approval of legal sufficiency by the County Attorney’s Office, and within budget allocations; and

 

C) approve a budget amendment in the CARES Act Relief Fund (Fund 1160) to increase the fund by $17,443.

 

SUMMARY: The CARES Act provides $1.5 million in COVID-19 related funding to HUD’s Office of Fair Housing and Equal Opportunity. The OEO, as a local agency currently participating in HUD’s Fair Housing Assistance Program, was eligible to receive funds under that Act. The OEO submitted proposals to HUD, which were approved. The first award approved was $17,500 for education and outreach activities. The current award of $17,443 will be used for the purpose of funding the acquisition of technology assets for staff engaged in fair housing activities remotely as a result of the COVID-19 emergency. BCC approval will ensure receipt of the revenue under this Agreement. No county funds are required. The emergency signature process was utilized because there was not sufficient time to submit the Cooperative Agreement through the regular BCC agenda process. Countywide (DO) 

 

 

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


AUGUST 25, 2020

 

 

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

 

A)        COVID-19 Update by Dr. Alonso and County Staff

 

           

 

 

 

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


AUGUST 25, 2020

 

 

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

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to approve: the issuance of a Special Secondary Service Certificate of Public Convenience and Necessity (COPCN) to Cambridge Security Services Corporation (Cambridge) for the gated community of The Bear’s Club Property Owner’s Association (POA). SUMMARY: Cambridge has applied to provide Advanced Life Support (ALS) first response, non-transport services for The Bear’s Club POA. The Department of Public Safety, Division of Emergency Management has reviewed the application and recommends approval of a Special Secondary Service ALS Provider - Non-Transport COPCN to be issued to Cambridge. The application was found to be in compliance and met the requirements based on the PBC Code of Ordinances, Chapter 13, Sections 13-22. The COPCN will be issued for operations restricted to the confines of The Bear’s Club POA for the period of August 25, 2020, until Cambridge contractual agreement with The Bear’s Club POA is terminated.  Palm Beach County Fire Rescue is the Primary COPCN holder and has signed a Memorandum of Understanding with Cambridge to provide such services in their respective zone.  The Emergency Medical Services Advisory Council has also approved the recommendation to grant Cambridge a Special Secondary Service ALS Provider - Non-Transport COPCN. District 1 (LDC)

 

 

B.        WATER UTILITIES

 

1.         Staff recommends motion to:

 

A) adopt a Resolution of the Board of County Commissioners, confirming the Special Assessment Roll for the Mahogany Lane Water Main Extension (Project); and

 

B) approve Work Authorization (WA) No. 8 to Johnson-Davis Incorporated (Contractor) under the Palm Beach County Water Utilities Department (PBCWUD) 2019 Pipeline Continuing Construction Contract (Contract) (R2020-0160) in the amount of $80,144.53. The total assessable cost including WA No. 8 for this Project is $118,752.28.

 

SUMMARY: The Project will provide potable water service to two residential properties currently on private wells. Petitions in favor of the installation of a potable water main were provided to PBCWUD with a 100% favorability rate (2 in favor, and 0 not in favor). Individual assessments of $19,122.75 per acreage will be assessed based on 90% of the total estimated cost of the Project. Each individual assessment was determined by using total acreage method to divide the assessable cost per parcel. The assessment is payable over a 20-year time period in equal annual payments of principal and 5.5% interest. The total assessable cost of the Project is $118,752.28 and includes the costs of surveying, design, drafting, permitting, construction, inspection, administration and construction contingency.  WA No. 8 will provide for the construction of the Project. This contract was procured under the requirements of the Equal Business Opportunity Ordinance. On April 3, 2019, the Goal Setting Committee applied an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting participation.  The contract provides for 20.07% SBE participation. WA No. 8 includes 36.28% SBE participation. The cumulative SBE participation including WA No. 8 is 23.65%. Contractor is a Palm Beach County Company. (PBCWUD Project No. 19-043) District 2 (MJ)

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

5.         PUBLIC HEARINGS – 9:30 A.M.

 

C.        TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Section 17-116 of the Code of Laws and Ordinances (Ordinance 95-30, as amended) known as the “Tourist Development Tax Ordinance”; adding Subsection 17-116(b)(3) titled “Fiscal Year 2020 Special Allocation for Marketing” to Section 17-116 of the Tourist Development Plan; providing for repeal of laws in conflict; providing for a savings clause; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date. SUMMARY:  This ordinance amendment to the County’s Tourist Development Plan establishes a fiscal year 2020 stimulus fund by reducing the 18.49% fiscal year 2020 tax allocation percentage for the Category C — Beach Improvement, maintenance, renourishment, restoration and erosion control category to 10.04 % and transferring the remaining 8.45% in the amount of $2 Million Dollars to the Category “E” Special Projects category. The special projects additional funds will be used to create a fiscal year 2020 and 2021 marketing stimulus campaign to promote County tourism by all agencies of the Tourist Development Council. The adoption of this ordinance requires an affirmative vote of the majority of the Board plus one pursuant to Florida Statute. Countywide (LDC)

 

 

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AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

A.        TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to approve: Tourism Stimulus Marketing Recovery Plans under Palm Beach County Tourist Development Ordinance 95-30 due to the impact of the COVID-19 pandemic. SUMMARY: Tourism in Palm Beach County has suffered its worst retraction of “bed tax” collections since the Great Recession of 2008/2009 (20%), and the retraction we witnessed in the Fall of 2001 from 9/11 (10%), forecasts show a decline in tax collections from the pandemic of 33% for FY2020. This tourism stimulus strategy will be tactical in stages of recovery, driven by the State of Florida and County leadership direction to ease into the reopening of tourism related assets across the County. Stage I focuses on local and South Florida residents, Stage II expanding to the Florida Drive Market and Stage III moving back to our traditional airline markets of the eastern United States. The marketing plans will be deployed by Discover The Palm Beaches, the Cultural Council, the Sports Commission and the Film and Television Commission. A budget amendment for FY2020 was approved on July 14th and adjustments for FY2021 are reflected in the FY2021 Budget. The recommended sources of  stimulus funding in the amount of $6.5 Million reflect: 1) use of a maximum of 50%  of available agency reserve dollars;  2) bed tax fund transfers from Category “C” Beach Improvements from a one-time reduction for FY2020 of $2 Million and 3)  $2 Million from Category “E” Special Projects. This provides funding for a tourism stimulus campaign to execute Palm Beach County’s Tourism Marketing Recovery Plans FY2020 and FY2021. Approval of this item requires the amendment of the Tourism Local Option Tax Ordinance. The ordinance amendment is on the agenda for adoption today. Countywide (LDC)

 

 

B.        FACILITIES DEVELOPMENT AND OPERATIONS

 

1.         Staff recommends motion to:

 

A) adopt a resolution authorizing the conveyance of three parcels of surplus property to the Village of Palm Springs, without charge, pursuant to Section 197.592(3), Florida Statutes, and with reservation of mineral and petroleum rights, but without rights of entry and exploration; and

 

B) approve three County Deeds in favor of the Village of Palm Springs.

 

SUMMARY: The County acquired three unbuildable parcels located within the municipal boundaries of the Village of Palm Springs by Escheatment Tax Deed with a collective assessed value of $4,467. These parcels serve no present or future County purpose. These parcels are being conveyed to the Village pursuant to Section 197.592(3), Florida Statutes, which requires the conveyance of surplus properties acquired by tax deed to the municipality in which they are located.  This conveyance will relieve the County of potential liability and maintenance costs for the properties.  The County will retain mineral and petroleum rights in accordance with Section 270.11, Florida Statutes, without rights of entry and exploration. This conveyance must be approved by a Supermajority Vote (5 Commissioners). (Property & Real Estate Management) District 3 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

B.        FACILITIES DEVELOPMENT AND OPERATIONS (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a resolution authorizing a Third Amendment to Concessionaire Service Agreement (R2013-1018) dated August 13, 2013, with Hawkhaven, LLC d/b/a Lazy Loggerhead Café (Hawkhaven) for the continued operation of an approximately 1,300 SF concession building at Carlin Park in Jupiter from September 1, 2020 through August 31, 2021 at 7% of monthly gross sales; and

 

B) approve a Third Amendment to Concessionaire Service Agreement (R2013-1018) with Hawkhaven, LLC d/b/a Lazy Loggerhead Café.

 

SUMMARY: Hawkhaven manages and operates the Lazy Loggerhead Café in the Carlin Park concession building pursuant to a Concessionaire Service Agreement (R2013-1018). The current agreement expires on August 31, 2020.   Due to the impact of COVID-19 on their business, Hawkhaven declined to exercise its option for a two year extension. As a result of the pandemic, it is unlikely there would be sufficient interest to pursue a Request for Proposal (RFP) for a new Concessionaire Service Agreement at this time. In order to avoid closing the concession building until a new Concessionaire Service Agreement can be awarded, Hawkhaven has agreed to continue to provide concession services at a reduced rental rate. This Third Amendment extends the term of the agreement for one year, from September 1, 2020 through August 31, 2021; eliminates the guaranteed annual rent of $82,208.85; and reduces the percentage rent from 8% of annual gross revenue derived from the operation of the concession to 7% of monthly gross sales. All other terms of the agreement will remain in full force and effect. Parks will continue to have administrative responsibility for this Agreement. (Property & Real Estate Management) District 1 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

B.        FACILITIES DEVELOPMENT AND OPERATIONS (Cont’d)

 

                        3.         Staff recommends motion to approve:

 

            A) Consultant Services Authorization (CSA) No. 3 to the professional services contract (R2019-1586) with Song & Associates Inc. (Consultant) for the Supervisor of Elections (SOE) Production Facility project located at 4215 Cherry Road, West Palm Beach (Cherry Road Complex) in the amount of $2,861,338;

 

            B) a budget transfer of $3,000,000 from the General Fund Contingency Reserves to the Public Building Improvement Fund;

 

            C) a budget amendment of $3,000,000 in the Public Building Improvement Fund to recognize the transfer from General Fund Contingency Reserves and to fund the SOE Production Facility project; and

 

            D) a reimbursement resolution declaring Palm Beach County’s official intent to seek  reimbursement from the proceeds of its Revenue Bonds for certain Capital expenditures made in connection with the acquisition, design, construction, development and equipping of a SOE Operations building and relocation of the Palm Beach County Sheriff’s office marine unit.

 

            SUMMARY: Professional services shall include providing professional architectural/ engineering design, site plan approval, permitting and construction administration for the new combined SOE Facility. The facility will be a 152,000 sf building, which will house the collocated administrative offices and the production warehouse in addition to a four level parking garage structure. The solicitation for a design professional was advertised on June 9, 2019, pursuant to the Consultants Competitive Negotiation Act and the Equal Business Opportunity Ordinance with final selection taking place on September 6, 2019. On May 15, 2019, the Goal Setting Committee applied Affirmative Procurement Initiatives of 20% Small Business Enterprise (SBE) participation and 15 points evaluation preference for SBE participation. The consultant is a Small/Minority/ Women-Owned Business Enterprise (S/M/WBE). The consultant committed to 80% S/M/WBE participation for this contract. Participation on this CSA is 85.6%. When added to the consultant’s participation to date, the resulting SBE participation is 86.28%. The consultant is a local business. Funding for this project is from the Public Building Improvement Fund based on a transfer from the General Fund Contingency Reserves (Capital Improvements Division) District 7 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

B.        FACILITIES DEVELOPMENT AND OPERATIONS (Cont’d)

 

4.         Staff recommends motion to approve: Amendment No. 5 to the contract with Hedrick Brothers Construction Co., Inc. (R2016-0430) in the amount of $14,041,688 for the Detention Facilities Renewal/Replacement (R/R) – Main Detention Center East and South Towers project establishing a Guaranteed Maximum Price for construction management services to be completed in 546 calendar days or until the project is complete.  SUMMARY: The fourth phase of work in the Detention Facilities R/R project will be the east and south towers, which were constructed over 30 years ago. Amendment No. 5 authorizes replacement of roofs, air conditioning systems, boilers, mechanical grilles, doors and frames, cell bars, painting, and a new security camera system. The Construction Manager (CM) was selected on April 5, 2016, according to the Small Business Enterprise (SBE) Ordinance in place at the time, with a 15% SBE goal and CM/SBE partnering incentive. Hedrick Brothers is not a certified SBE. The CM has partnered with Cooper Construction Management & Consulting, Inc., a Small/Minority Business Enterprise CM for services in an amount not less than 15% of the construction management fee and is sharing in the overhead/profit earned by the CM. The SBE participation for this amendment is 54.37% and Minority/Women owned Business Enterprise participation is 33.17%. MBE owned firms make up 5.87% of the 33.17%. Hedrick Brothers has agreed to an active outreach with the Office of Equal Business Opportunity for African American and Hispanic owned firms on non-awarded subcontractor packages. Hedrick Brothers Construction Co., Inc. overall SBE participation is 62.16%. Funding for this Amendment is from the Infrastructure Sales Tax fund. Hedrick Brothers Construction Co., Inc. is a Palm Beach County business. (Capital Improvements Division) Countywide/District 2 (LDC)

 

 

C.        FIRE RESCUE

 

1.         DELETED FOR FURTHER STAFF REVIEW:  Staff recommends motion to approve: a Personal Protective Equipment (PPE) Decontamination Services Agreement with Battelle Memorial Institute (Battelle) for the period August 25, 2020 through August 24, 2025. SUMMARY: This agreement allows Battelle to provide decontamination services for healthcare provider PPE, specifically N95 respirator masks. There is no cost to the County for the decontamination services; although the County is responsible for transportation to and from a Battelle approved decontamination facility. Battelle will receive and store contaminated PPE prior to decontamination, decontaminate and repackage PPE for its return to the County.  In this agreement, Battelle’s maximum cumulative direct damages shall not exceed $50,000. Countywide (AH)

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve:

 

A) Community Development Block Grant (CDBG) funding of $29,000 $41,676 to the Town of Mangonia Park for the construction of public sanitary sewer improvements in the Bryn Mawr neighborhood in Mangonia Park; and

 

B) CDBG funding of $125,000 to the Town of Lake Clarke Shores for the installation of a water main serving the Seminole Manor Target Area and Maralago Mobile Home Park in unincorporated Palm Beach County.

 

SUMMARY: The Department of Housing and Economic Sustainability (DHES) has identified $154,000 $166,676 in CDBG funds recaptured from various fiscal years from projects that were successfully completed under budget or projects which did not move forward.  DHES is proposing that these funds be used to support two public facilities and improvement projects. The Town of Mangonia Park will construct public sanitary sewer improvements in the right of ways of Jeffery Avenue and Sherwood Avenue to serve the residential Bryn Mawr neighborhood which is currently on private septic systems. CDBG Area of Hope funding of $316,372 was provided to this project in FY 2017-2018, however, when bids were received recently, the lowest responsive bid exceeded budget availability by $29,000 $41,676. The Town of Lake Clarke Shores will install a 12” potable water main on the west side of Lawrence Road to serve residences in the unincorporated Seminole Manor Target Area and Maralago Cay Mobile Home Park. Total construction cost of the project is estimated to be $525,000, and the Town will fund the non-CDBG balance of cost. These are Federal CDBG funds which do not require a local match. Districts 3 & 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) an amendment to Interlocal Cooperation Agreement with each of 29 municipalities as follows: City of Atlantis, City of Belle Glade, Town of Briny Breezes, Town of Cloud Lake, Village of Golf, City of Greenacres, Town of Glen Ridge, Town of Gulf Stream, Town of Haverhill, Town of Hypoluxo, Town of Juno Beach, Town of Jupiter Inlet Colony, Town of Lake Clarke Shores, Town of Lake Park, City of Lake Worth Beach, Town of Lantana, Town of Loxahatchee Groves, Town of Manalapan, Town of Mangonia Park, Village of North Palm Beach, City of Pahokee, Town of Palm Beach, Town of Palm Beach Shores, Village of Palm Springs, City of Riviera Beach, Village of Royal Palm Beach, City of South Bay, Town of South Palm Beach, and the Village of Tequesta; and

 

B) an Interlocal Cooperation Agreement with the Town of Highland Beach.

 

SUMMARY: In order to receive funding under the Federal Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs from the U.S. Department of Housing and Urban Development (HUD), Palm Beach County must requalify every three years for HUD’s designation as an Urban County Program. The County’s current designation will expire September 30, 2021, and a new application for requalification for Fiscal Years 2021-2024 is now due to HUD.  HUD requires that the County invite all 32 eligible local municipalities to participate in the program via Interlocal Cooperation Agreements.  The agreements automatically renew every three years unless a party opts out. Of the 32 municipalities, 29 have agreed to renewal of their existing agreements and have executed amendments to incorporate a new HUD requirement. The Town of Highland Beach has agreed to participate for the first time and has executed an Interlocal Cooperation Agreement to do so. The Town of Ocean Ridge declined participation. The City of Westlake’s participation is still under review. The City has a question related to HUD’s Excessive Force Provision, a provision that dates back to the 1990’s. Since the City does not have its own municipal Police Department and contracts with the Palm Beach County Sheriff’s Office (PBSO), we have contacted HUD to confirm whether or not the language can be amended to reflect PBSO’s adherence to the provision or if the language can be removed. Staff recommends approval of the amendments and the agreement. CDBG funds require no local match.  HOME funds require a local match, which is provided by program income from the State Housing Initiatives Partnership Program.  ESG funds require a local match, which is provided by funded agencies, the Division of Human Services, and the Department of Housing and Economic Sustainability. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to:

 

A) approve the allocation of $3,685,932 of Florida Housing Finance Corporation (FHFC) Coronavirus Relief Fund (CRF) Program;

 

B) approve a budget amendment of $3,685,932 to appropriate funds in the CRF Program fund 1160; and

 

C) authorize the County Administrator or designee to execute a Coronavirus Relief Fund (CRF) Subrecipient Agreement with FHFC, amendments thereto, related certifications, and all other documents necessary to secure the awarded funds and to implement the CRF Program.

 

SUMMARY: On July 17, 2020, FHFC notified Palm Beach County of the award of $3,685,932 in an effort to assist Floridians impacted by the Coronavirus (COVID-19) crisis.  Staff proposes allocation of the CRF to assist low to moderate households, AMI not to exceed 120%, with emergency repairs for homeowners with COVID hardship.  The proposed budget amendment is necessary to allow for discrete accounting of the grant funds.  As required in the CRF Subrecipient Agreement, these funds must be expended by December 30, 2020. These are Federal funds channeled through the State which require no local match. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to:

 

A) approve the allocation of $5,830,483 of Emergency Solutions Grant Coronavirus (ESG-CV) Program funding;

 

B) approve a budget amendment of $5,830,483 to appropriate funds in the CARES Act Relief Fund 1160;

 

C) approve four full-time equivalent grant-funded positions for: one Financial Analyst II (PG 35), one Contracts/Grants Coordinator (PG 32), and two Community Outreach Specialists II (PG 18) for the Community Services Department (CSD);

 

D) execute the Standard Form SF-424 and Certifications for the ESG-CV Program; and

 

E) authorize the County Administrator or designee to execute the ESG-CV grant agreement with the U.S. Department of Housing and Urban Development (HUD), all other documents necessary to secure the grant awards; and to execute subrecipient funding agreements, amendments thereto, and all other documents necessary for implementation of the ESG-CV Program.

 

SUMMARY: On June 8, 2020, HUD notified Palm Beach County of a second award of ESG-CV in the amount of $5,830,483 to respond to the Coronavirus (COVID-19) pandemic. Staff proposes allocation of ESG-CV funds to activities mitigating the impact of COVID-19 on the homeless and those at risk of homelessness, including emergency sheltering, homeless prevention, rapid re-housing, and program administration.  The PBC Department of Housing and Economic Sustainability has a long-standing partnership with CSD where CSD administers the rental assistance funding. The four positions are needed by the CSD to oversee the subreceipient contracts and funding for homeless outreach.  The positions would be grant funded and would last until the grant funds are expended. To expedite delivery of grant resources to meet urgent community needs, staff requests delegation of signatory authority to the County Administrator or designee for grant agreements with HUD, subrecipient funding agreements, and other documents necessary or grant implementation. These are Federal ESG-CV grant funds which require no local match. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 25, 2020

 

 

6.         REGULAR AGENDA

 

            E.        ADMINISTRATION

 

1.         Staff recommends motion to approve: a resolution supporting the construction of suitable markers on Bridge number 930361 on S.R. A1A/Jack Nicklaus Drive in Palm Beach County designating the bridge as “Gold Star Family Memorial Bridge, dedicated to Army Captain Joseph M. Berkson”. SUMMARY: Senator Bobby Powell introduced legislation during the 2020 legislative session seeking to honor Captain Joseph M. Berkson and other Gold Star Families with a bridge name designation in honor of their sacrifices while serving our country on military duty. The Florida Department of Transportation (FDOT), per the passage of Senate Bill 78 during the 2020 legislative session, has been directed to erect suitable markers on Bridge number 930361 on S.R. A1A/Jack Nicklaus Drive in Palm Beach County designating the bridge as “Gold Star Family Memorial Bridge, dedicated to Army Captain Joseph M. Berkson”. State law requires the local governing board to pass a resolution in this circumstance in order for designation markers to be constructed on roads in the county, and Commissioner Valeche has requested the Board of County Commissioners to pass such resolution. The Village of North Palm Beach will also be providing a resolution in support of the bridge marker designation. The roadway is within FDOT's jurisdictional limits, and FDOT will be responsible for the design, construction, and maintenance of the honorary designation. Captain Berkson served as a senior combat advisor with the South Vietnamese Rangers during the North Vietnamese army offensive of 1972.  While being airlifted from hostile activity, his helicopter was shot down and Captain Berkson will killed in the crash.  Captain Berkson is the recipient of the Silver Star Medal, the Bronze Star Medal, Purple Heart and the Combat Infantry Badge. District 1 (AH)

 

2.         Staff recommends motion to approve: CareerSource Palm Beach County, Inc. (CareerSource) to serve as the one-stop operator for Local Workforce Development Area 21, Palm Beach County, Florida. SUMMARY: CareerSource currently operates as the County’s administrative entity to provide policy guidance for implementing and exercising oversight with respect to job training activities under the Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) and the Workforce Innovation Act of 2000 (Florida Statutes Chapter 445). WIOA Section 121 (d)(2)(A) requires local workforce development boards to competitively procure one-stop operators. CareerSource released a Request for Proposals (RFP) and awarded an agreement to Cambridge Consulting, LLC for one stop operator services for the period of June 30, 2017 through June 30, 2021. This agreement was approved by the Palm Beach County Board of County Commissioners on April 4, 2017. On July 22, 2019, Cambridge Consulting, LLC submitted a letter of resignation to become effective December 31, 2019. For compliance under WIOA, CareerSource began the process of competitively procuring another one-stop operator. On January 17, 2020, CareerSource released a RFP to accept proposals from potential vendors; one proposal was received. At the May 7, 2020, Board of Directors meeting, the board did not approve the one proposal submitted and approved for CareerSource to reissue the RFP. Based upon the direction of the Board of Directors CareerSource released a second one-stop operator RFP. CareerSource received one proposal from the same vendor in response to the second one-stop operator RFP. At the July 16, 2020, CareerSource Board of Directors meeting, the board did not approve the one proposal and approved CareerSource to serve as the one-stop operator. Prior to Program Year 2017/2018, CareerSource fulfilled the role of the one-stop operator since 1997. Consistent with WIOA Section 121(d) CareerSource as the local board, with the agreement of the chief elected official for the local area shall designate or certify a one-stop operator. Countywide (HH)

 

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AUGUST 25, 2020

 

 

7.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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 AUGUST 25, 2020

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

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

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


AUGUST 25, 2020

 

 

9.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

Proclamation declaring September 2020 as Diaper Need Awareness Month in Palm Beach County (Sponsored by Vice-Mayor Weinroth)

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

            Request off-site Proclamation declaring August 2020 as Palm Beach County Veteran Service Officers Appreciation Month in Palm Beach County

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

Request for off-site Proclamation declaring August 26, 2020 as Women’s Equality Day Florida 2020 Suffrage Centennial (Sponsored by Commissioner McKinlay and Commissioner Berger)

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 

 


AUGUST 25, 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."