March 9, 2021

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 9, 2021

 

PAGE             ITEM

 

 

 

 

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


           

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MARCH 9, 2021

 

 

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 8-51)

 

 4.        SPECIAL PRESENTATIONS (Page 52)

 

 5.        PUBLIC HEARINGS - 9:30 A.M. (Pages 53-55)

 

 6.        REGULAR AGENDA (Pages 56-59)

 

 7.        BOARD APPOINTMENTS (Page 60)

 

 8.        STAFF COMMENTS (Page 61)

 

 9.        BCC COMMENTS (Page 62)

 

10.       MATTERS BY THE PUBLIC – 2:00 P.M. (Page 63)

 

11.       ADJOURNMENT (Page 64)

 

 

 

 

* * * * * * * * * * *


MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 8

            3A-1    Appointment to the CareerSource Palm Beach County, Inc. Board of Directors

           

B. CLERK OF THE CIRCUIT COURT & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Minutes

            3B-3    Contracts and claims settlements list

3B-4    List of Clerk & Comptroller Finance Department records which have been converted to an electronic format.

 

C. ENGINEERING & PUBLIC WORKS

Page 9

3C-1   Interlocal agreement with the City of Delray Beach for traffic signal at the intersection of W Linton Boulevard and Catherine Drive/Linton Lake Drive project

3C-2   Contract with K-F Group, Inc. for the 60th Street North from west of 140th Avenue North to Avocado Boulevard project

3C-3   Utility easement agreement for parcel within the Palm Beach County Biotechnology Research Park to Florida Power and Light

Page 10

3C-4   Contract with Poseidon Dredge & Marine, Inc. for the Harbor Road Seawall Repair/Slope Stabilization project

3C-5   Resolutions initiating eminent domain proceedings necessary for the roadway improvements on Seminole Pratt Whitney Road from 86th Road North to Northlake Boulevard and Northlake Boulevard from Seminole Pratt Whitney Road to 1,300 fees east project

 

D. COUNTY ATTORNEY

Page 10

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

 

E. COMMUNITY SERVICES

Page 11

            3E-1    Appointments to the Homeless Advisory Board

Page 12

            3E-2    Subrecipient agreement with Southeast Florida Behavioral Health Network, Inc. and Interlocal agreement with Florida Atlantic University Board of Trustees for long-term recovery outcome

            3E-3    Amendment to agreement with Palm Beach Habilitation Center, Inc. to correct a scrivener’s error

Page 13

            3E-4    Receive and file amendments to contracts and a contract with The Lord’s Place, Inc. for provision of services to residents impacted by the COVID-19 pandemic

Page 14

            3E-5    Subrecipient agreements for Ryan White HIV/AIDS Program Part A and Minority AIDS Initiative Core Medical and Support Services with six agencies

Page 15

            3E-6    Agreement with South County Mental Health Center, Inc. to provide crisis stabilization services

            3E-7    Agreement with Housing Partnership Inc. for coaching and counseling services

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 16

            3F-1    Receive and file amendment to agreement with Frontier Airlines, Inc. for repayment of unpaid fees

            3F-2    Receive and file extension of time to agreement with the Florida Department of Transportation for Airport Rescue and Fire Fighting Facility Improvements at PBIA

            3F-3    Declaration of drainage easement for storm water drainage to Haverhill Road

            3F-4    Utility easement agreement with Florida Power and Light Company for facilities developed on property west of the PBIA

            3F-5    Receive and file consent to sublease with Jet Aviation Associates, Ltd. and Central Romana Corporation, Ltd.

Page 17

            3F-6    Receive and file access agreement with DTG Operations, Inc. through The Hertz Corporation for access to Turnage Boulevard at the PBIA

            3F-7    Amendment to lease agreement with PAE Applied Technologies LLC for automatic renewals for ten years and rental payments

            3F-8    Receive and file Hotel Courtesy Shuttle Operator Permit with AD1 PB Airport Hotels LLC for commercial ground transportation at the PBIA

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 18

            3G-1   Receive and file quarter ending information for Children’s Services Council of Palm Beach County

            3G-2   Receive and file financial statements and management letter from the Boynton Beach CRA

            3G-3   Resolution authorizing the issuance of Public Improvement Revenue Bonds for the Supervisor of Elections Operations Building

Page 19

            3G-4   Settlement offer for Zeida Alfonso and Jorge Alfonso for satisfaction of code enforcement lien

            3G-5   Settlement offer for D & N Real Estate Holdings for satisfaction of code enforcement lien

            3G-6   Recording of FY 2020 retirements of tangible personal property

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 20

            3H-1   Utility easement agreement in favor of Florida Power & Light for transmission lines across a portion of the Water Utilities Department Mecca Repump Station

            3H-2   Change order to amendment to contract with Robling Architecture Construction, Inc. for the Water Utilities Department Southern Regional Operations Center Roof and Fan Replacement project

Page 21

            3H-3   Contract with Triton Electric Company for electrical services

Page 22

            3H-4   Contract with Wisch & Jackson Co. of Florida, Inc. for low voltage services

Page 23

            3H-5   Contract with three contractors for roofing services

Page 24

            3H-6   Amendment to contract with Hedrick Brothers Construction Co. Inc. extending the contract

Page 25

            3H-7   Amendment to contract with Robling Architecture Construction, Inc. for the Dubois Pineapple Packing House Restoration project

Page 26

            3H-8   Receive and file change order to amendment to contract with Hedrick Brothers Construction Co., Inc. for the Main County Courthouse Electronics & Security Systems Renewal & Replacement project

Page 27

            3H-9   Amendment to agreement with Susan Narduli for the Palm Beach County Convention Center Courtyard Public Art project

            3H-10 Receive and file standard license agreement with South Florida Fair and Palm Beach County Expositions, Inc. for parking during the 2021 South Florida Mini-Fair

MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 28

            3H-11 Amendment to grant of easement in favor of Lake Worth Drainage District for additional easement area along with wester property boundary of Palm Beach County Water Utilities Department Southern Region Water Reclamation Facility

            3H-12 Utility easement in favor of the Town of Jupiter for water main and equipment to service the Loggerhead Marine Life Center

            3H-13 Quit-Claim deed from the City of Pahokee to correct a scrivener’s error related to an agreement for purchase and sale with Stephanie Iderosa

Page 29

            3H-14 Change order to amendment to contract with Hedrick Brothers Construction Company, Inc. for the extending the time for the Main County Courthouse Electronics & Security Systems Renewal & Replacement project

Page 30

            3H-15 Determination that an emergency extension of contracts for environmental assessment services with three companies is beneficial

Page 31

            3H-16 Amended and restated interlocal agreement with Broward County for interoperable communications

Pages 32-33

            3H-17 Amendment to the Infrastructure Sales Tax Project Plan to increase the budget for the PBSO Headquarters Renewal and Replacement project

 

I. HOUSING AND ECONOMIC SUSTAINABILITY

Page 34

3I-1     Receive and file forms and grant agreements for receipt of Federal CDBG and HOME funds

3I-2     Receive and file amendment to subgrant agreement with the City of South Bay for site cleanup and monitoring established by the Florida Department of Environmental Protection

Page 35

3I-3     Certification by State or Local Official of the PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan for the Pahokee Housing Authority

3I-4     Receive and file amendment to cooperative agreement with the U.S. Environmental Protection Agency extending the time for two years

Page 36

3I-5     Receive and file amendments to agreements for projects funded under the CARES Act for the Housing Counseling Program

 

K. WATER UTILITIES

Page 37

            3K-1    Interlocal agreement with the Westgate Community Redevelopment Agency for utility construction

Page 38

            3K-2    Partial release of utility easement no longer associated with public water facilities for development of Aldi L.L.C.

            3K-3    Amendment to contract with Aquifer Maintenance and Performance Systems, Inc. for wellfield maintenance adding an additional 12-months

Page 39

            3K-4    Subordination of county utility interests to the State of Florida Department of Transportation

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 39

            3L-1    Receive and file Florida Inland Navigation District project agreement for the Sawfish Island Restoration project

 

 

 

 

 

MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

M. PARKS & RECREATION

Page 40

            3M-1   Amendment to Infrastructure Surtax Project Plan for the Duncan Padgett Park Picnic Area Improvements project

Page 41

            3M-2   Amendment to Infrastructure Surtax Project Plan for the Glades Pioneer Park Asphalt Repair and Expansion project

Page 42

            3M-3   Amendment to Infrastructure Surtax Project Plan for the Glades Pioneer Park Athletic Field Renovation project

Page 43

            3M-4   Amendment to Infrastructure Surtax Project Plan for the Sunset Cover Amphitheater Stage Renovations project

           

Q. CRIMINAL JUSTICE COMMISSION

Page 43

3Q-1   Appointment to the Criminal Justice Commission

 

S. FIRE RESCUE

Page 44

3S-1    Amendment to emergency services agreement with the City of Palm Beach Gardens and the Village of North Palm Beach extending the term of the agreement ten years

 

U. INFORMATION SYSTEMS SERVICES

Page 44

            3U-1   Amendment to interlocal agreement with the Town of Lantana to provide network services to the Police Department building

 

X. PUBLIC SAFETY

Page 44

            3X-1    Receive and file amendment to contract with Pharmatech, Inc. for drug-testing services referred by the court

Page 45

            3X-2    Cost-Reimbursement agreement with the Florida Division of Emergency Management for fees associated with Emergency Management Accreditation

 

            Z. RISK MANAGEMENT

Page 45

            3Z-1    Renewal of excess property, excess workers’ compensation insurance programs and ancillary policies through Arthur J. Gallagher Risk Management Services, Inc.

 

AA. PALM TRAN

Page 46

            3AA-1 Agreements with Trapeze Group for EX-Wallet, OPS-Web Bidding and PASS-IVR software

            3AA-2 Fiscal Year 2021 Certifications and Assurances to the Federal Transit Administration

 

BB. YOUTH SERVICES

Page 47

            3BB-1 Receive and file agency affiliation agreement with Barry University, Inc. allowing its students to complete clinical experiences at various Youth Services Department facilities

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

CC. SHERIFF

Page 47

            3CC-1 Agreement with the State of Florida, Office of the Attorney General for a Victim of Crime Act award

Page 48

            3CC-2 Grant award for the creation of a Palm Beach County Victims of Violent Crime Advocacy Collaborative which will develop a trauma informed, victim centered advocacy program

            3CC-3 FY 2020 DNA Capacity Enhancement and Backlog Reduction Program grant from the Department of Justice, Bureau of Justice Assistance

Page 49

            3CC-4 Subgrant agreement with the State of Florida Department of Transportation for the City of Lake Worth Impaired Driving Strategy

            3CC-5 Subaward and grant agreement with the Florida Division of Emergency Management for a FY 2020 Operation Stonegarden grant

            3CC-6 Grant modification with the U.S. Department of Homeland Security, Transportation Security Administration for five canine teams at the PBIA

Page 50

            3CC-7 Interlocal agreement with the City of Greenacres for a license plate reader camera system

            3CC-8 Budget transfer from the Federal Justice Law Enforcement Trust Fund for the PBSO’s Real Time Crime Center

Page 51

            3CC-9 Budget transfer from the Federal Treasury Law Enforcement Trust Fund for office space

 

DD. TOURIST DEVELOPMENT COUNCIL

Page 51

            3DD-1 Receive and file FY2021 Covid Recovery Grant Agreement with Match Point, Inc. for promotion of the Delray Beach Open

 

 

 

 

SPECIAL PRESENTATIONS

Page 52

            4A       Presentation to Chief Deputy Michael Gauger by Commissioner McKinlay

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

 

           

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. PUBLIC SAFETY

Page 53

            5A-1    Ordinance amending the EMS Ordinance

 

            B. HOUSING AND ECONOMIC SUSTAINABILITY

Page 54

            5B-1    Resolution authorizing the issuance of Revenue Bonds for the Lynn University Housing project

 

C. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 55

            5C-1   Resolution of the Board of County Commissioners of Palm Beach County, Florida approving Fiscal Year 2021 mid-year budget amendments and transfers

 

 

 

 

 

 

MARCH 9, 2021

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. OFFICE OF RESLIENCE

Page 56

            6A-1    Budget transfer for costs incurred to hold the Southeast Florida Regional Climate Change Compact

           

            B. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

Page 56

            6B-1    Receive and file Emergency Rental Assistance Program certification

Page 57

            6B-2    Resolution delegating authority to the County Administrator or designee to execute and record claims of liens against land with unpaid impact fee balances

 

            C. FACILITIES DEVELOPMENT AND OPERATIONS

Page 57

            6C-1   Termination and release of easement of the Garage Access Easement agreement in favor of CityPlace Hotel, LLC

 

            D. HOUSING AND ECONOMIC SUSTAINABILITY

Page 58

            6D-1   Economic Development Incentive Agreement with FINFROCK SOUTH FLORIDA, LLC

 

            E. PALM TRAN

Page 59

            6E-1    Fare Collection and Regional Interoperability project

 

 

 

BOARD APPOINTMENTS (Page 60)

 

STAFF COMMENTS

Page 61

            8A-1    Receive and file updated Board Directive Reports

           

 

COMMISSIONER COMMENTS (Page 62)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 63)

 

ADJOURNMENT (Page 64)

 


MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve: the appointment of David Markarian to the CareerSource Palm Beach County, Inc. Board of Directors (Board) for the seat and term indicated below.

 

Appointment

Seat No.

Term

Area of Representation

Nominated By

David Markarian

27

3/9/21-3/8/24

Private Sector

The Markarian Group

 

SUMMARY:  On November 18, 2014, the Board of County Commissioners (BCC) approved the Third Amendment to Interlocal Agreement (R2014-1650) creating the Palm Beach Workforce Development Consortium (R2007-1220) which establishes the current Board composition. The Agreement states that 14 private sector members are appointed by the BCC. The federal Workforce Innovation and Opportunity Act requests that an emphasis be placed on Chief Executive Officers or highest level of management positions for both community and business sector appointments. The CareerSource Palm Beach County, Inc. Board of Directors is comprised of a minimum of 19 members. The Board has a maximum of 33 seats, 20 currently filled and a diversity count of Caucasian: 15 (75%), African-American: 3 (15%) and Hispanic: 2 (10%). The gender ratio (female:male) is: 6:14. The nominee is Caucasian male. Countywide (HH)

 

 

B.        CLERK OF THE CIRCUIT COURT & COMPTROLLER

 

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

 

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

 

                        Meeting Date                                               Meeting Type

                        September 22, 2020                                    Workshop

                        September 24, 2020                                    Zoning

                        October 6, 2020                                           Regular

                        October 27, 2020                                         Workshop

                        November 23, 2020                                     Zoning

 

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: 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

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve:

 

A) an interlocal agreement with the City of Delray Beach (City) for the design and construction of a traffic signal at the intersection of W Linton Boulevard and Catherine Drive/Linton Lake Drive (Project); and

 

B) a budget amendment of $340,000 in the Transportation Improvement Fund to recognize the City’s participation and appropriate it to the Project.

 

Summary:  Approval of this agreement will allow the Palm Beach County (County) Traffic Division to execute the Project using the County’s annual signal design consultant and the signal construction contractor. The County will provide the engineering design and construction plans for the Project. Costs incurred by the County to acquire any easements needed for the Project will be reimbursed by the City for up to $200,000. If the easement costs exceed $200,000, the City may choose to terminate the Project and agreement, or pay the County the difference. The City will reimburse the County 50% of total actual costs required to design, construct and inspect the Project. The Project is estimated to cost $280,000, not including the cost to acquire any necessary easements. The County will construct the Project and will assume maintenance responsibility. Districts 4 & 7 (YBH)

 

2.         Staff recommends motion to approve:  a contract with K-F Group, Inc. (KFG) in the amount of $190,344.33 for professional engineering services for 60th Street North from west of 140th Avenue North to Avocado Boulevard (Project). The limits for this Project are within existing Palm Beach County right-of-way. SUMMARY: Approval of this contract will provide the professional services necessary for preparation of an alignment study of the Project corridor, the first phase of this two-phased project. After the study is complete, the second phase will be conducted to provide design plans and construction bid documents to complete the Project. The Affirmative Procurement Initiatives selected for this contract on September 18, 2019 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE Evaluation Preference. KFG contractually agreed to 75% SBE participation during selection for the contract and their SBE participation during negotiation exceeded that goal. KFG is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program. District 6 (YBH)

 

3.         Staff recommends motion to approve:  a utility easement agreement to convey a 75’ wide easement strip within tract “A” of the Palm Beach County (County) Biotechnology Research Park (Easement) to Florida Power & Light (FPL). SUMMARY: Approval of the utility easement agreement will allow conveyance of the Easement to FPL for the appraised value of $188,000 for 11.745 acres. The Easement is located north of and parallel to 100th Lane North, east of Seminole Pratt Whitney Road. The Engineering Department has determined that selling the Easement to FPL will not affect present or future County use. This conveyance will allow FPL to install a new transmission line, and will relieve the County of potential liability and the cost of maintenance for this property. District 1 (YBH)

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS

 

4.         Staff recommends motion to approve:  a contract with Poseidon Dredge & Marine, Inc. (PDM) in the amount of $349,642.80 for the construction of Harbor Road (from 19660 Harbor Road to Harbor Road N) Seawall Repair/Slope Stabilization (Project).  SUMMARY:  Approval of this contract will provide the construction services necessary to replace the existing deteriorated seawall with a new concrete seawall. The Affirmative Procurement Initiative selected for this contract on August 5, 2020 by the Goal Setting Committee is 5% minimum mandatory Small Business Enterprise (SBE) participation. PDM has contractually agreed to 90% SBE participation. PDM was the lowest responsive bidder of two. The contract time for the Project is 120 calendar days. PDM is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program. District 1 (YBH)

 

5.         Staff recommends motion to adopt: fifteen resolutions to initiate eminent domain proceedings by declaring the acquisition of properties designated as parcels 106, 110, 111, and 113 as right-of-way easements and parcels 306, 309, 310, 311, 313, 314, 317, 321, 322, 323, 334, 336, 337, 338, and 340 as temporary construction easements necessary for the construction of roadway improvements on Seminole Pratt Whitney Road from 86th Road North to Northlake Boulevard and on Northlake Boulevard from Seminole Pratt Whitney Road to 1,300 feet east (Project). SUMMARY: Adoption of these resolutions will initiate eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section 337.27(1), Florida Statutes as amended, against 19 parcels having a total appraised value of $347,631. To date, the property owners have not accepted the offers to purchase made by Palm Beach County and attempts to negotiate the purchases have been unsuccessful. The parcels are necessary for the reconstruction of Seminole Pratt Whitney Road and Northlake Boulevard from two lane undivided roadways to four lane divided roadways. The Project also includes the installation of drainage, traffic signals, and sidewalks.  Eminent domain proceedings are necessary to acquire the parcels at this time in order to expedite construction of the Project. This Project is included in the Five Year Road Program. District 6 (DO)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends a motion to receive and file: Amendment No. 2 to agreement between Palm Beach County and Municipal Code Corporation (MCC) exercising renewal option and extending the expiration date of the agreement to August 1, 2022. SUMMARY: On August 7, 2017, the County entered into the agreement with MCC, whereby MCC provides ordinance codification and looseleaf supplement services.  The agreement’s initial three year term expired on August 1, 2020 and Amendment No. 1 extended the expiration date to August 1, 2021. The parties wish to exercise the remaining renewal option under the contract to extend the expiration date of the contract to August 1, 2022, with no renewal periods remaining. The amendment which was executed by the County’s Purchasing Director under her signature authority, extends the expiration to August 1, 2022. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve: the reappointments of four current members to the Homeless Advisory Board (HAB), effective March 9, 2021:

 

Seat No.

Appointment

Seat Requirement

Recommended By

Term Expires

 

5

Anne M. Gerwig

PBC League of Cities

Palm Beach County League of Cities

09/30/23

 

 

6

 

 

 

 

7

Steven Tillman

 

 

 

 

Sophia Eccleston

 

Veterans Administration Medical Center Representative

 

Homeless Coalition of Palm Beach County Representative

Veterans

Administration

Medical Center

 

 

Homeless Coalition of Palm Beach County

09/30/23

 

 

 

 

09/30/23

 

 

 

8

Uwe Naujak

Homeless Service Providers Representative.

Homeless and Housing Alliance

09/30/23

           

SUMMARY: On May 1, 2007, the Board of County Commissioners established the HAB. The total membership for the HAB shall be no more than 14 at-large members, per Resolution No. R2016-0038, comprised of members representing government, business providers, law enforcement, advocates, education, faith-based and the formerly homeless. Members representing Palm Beach County’s Continuum of Care and the homeless community are essential to the work of this board. Ms. Gerwig is employed by AGA Engineering, which contracts with the County for services. Ms. Gerwig is also the Mayor with the Village of Wellington. Ms. Eccleston is an employee of Florida Power & Light and Mr. Naujak is an employee of The Homeless Coalition of Palm Beach County, Inc. These agencies contract with the County for services. The HAB 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 8 seats that are currently filled is: African-American: 6 (76%), Caucasian: 1 (12%), and Native-American: 1 (12%). The gender ratio (female:male) is 5:3. Ms. Gerwig, Mr. Tillman and Mr. Uwe are Caucasian and Ms. Eccleston is African-American. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Division of Human and Veteran Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a Subrecipient Agreement with Southeast Florida Behavioral Health Network, Inc. (SEFBHN), for the two year period October 1, 2020 through September 30, 2022, in an amount totaling $953,920, of which $476,960 is budgeted for FY 2021 with an anticipated annual allocation of $476,960 in FY 2022, contingent upon a budgetary appropriation by the Board of County Commissioners, subject to funding approval by the U.S. Department of Justice (DOJ), to implement the DOJ, Bureau of Justice Assistance’s Comprehensive Opioids, Stimulants, Substance Abuse Program (COSSAP); and

 

B) an Interlocal Agreement with Florida Atlantic University (FAU) Board of Trustees, for the two year period October 1, 2020 through September 30, 2022, in an amount totaling $126,000, of which $63,000 is budgeted for FY 2021 with an anticipated annual allocation of $63,000 in FY 2022, contingent upon a budgetary appropriation by the Board of County Commissioners, subject to funding approval by the DOJ, to implement the DOJ COSSAP.

 

SUMMARY: The Community Services Department, along with key strategic partners, continue to pursue available federal, state and local resources to achieve long-term recovery outcome and quality of care improvements through planning, developing and executing a comprehensive recovery-centric and recovery-oriented system of care model. While progress has been made, the submitted agreements with SEFBHN and FAU will support and advance the progress of this demonstration program. The finalization of the agreements were delayed due to competing staff assignments and an extended review of the agency’s scope of work and budget. This is a new funding source from the DOJ. Data will be collected throughout the program and made available at the end of each fiscal year. The COSSAP program focuses on a comprehensive, person-centered, recovery-oriented approach with the goal of ensuring housing stability to support persons involved with the criminal justice system who have a substance use disorder. COSSAP funding will be used to support a care coordinator/housing specialist, who will assist clients in securing a recovery housing placement through a Recovery Housing Voucher. Recovery support services will be provided by a peer recovery support specialist, who will have access to recovery support services funds to further assist clients. This intervention program will prioritize and expedite recovery support services to individuals at high risk for overdose. SEFBHN will provide services to a minimum of 46 unduplicated clients and FAU will evaluate the outcome of the demonstration program. No County funding is required. (Community Services) Countywide (HH)

 

3.         Staff recommends motion to approve: Amendment No. 1 to the agreement for the Provision of Financial Assistance with Palm Beach Habilitation Center, Inc. (R2020-1549), for the two year period October 1, 2020 through September 30, 2022, in an amount totaling $711,658, to update and replace service category amounts in the computer training program from $215,327 to $73,389, and the seniors in transition and retirement program from $73,389 to $215,327, with no change to the overall total contract amount, for the provision of economic stability/poverty services to adults with disabilities. SUMMARY: Amendment No. 1 is necessary to correct a scrivener’s error regarding funding allocation in each category and corrects the allocation for each program with no change to the original contract amount. Palm Beach Habilitation Center, Inc. will continue to provide computer-training services, seniors in transition and retirement services, and supported employment to adults with disabilities. In FY 2020, Palm Beach Habilitation Center, Inc. served 160 adult clients with disabilities, and will continue to serve 160 adult clients with disabilities under the current agreement. No additional County funding required. (Financially Assisted Agencies) Countywide (HH)

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to receive and file:

 

A) Amendment No. 1 to an Interlocal Agreement with the Palm Beach County Housing Authority (PBCHA) (R2020-1322), for the period July 20, 2020 through December 30, 2020, to increase funding by $40,000, for a new total agreement amount not-to-exceed $110,000, for the provision of navigation services for Palm Beach County residents who were adversely impacted by the COVID-19 pandemic and are applying for rental and utilities assistance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act);

 

B) Amendment No. 1 to Contract for Provision of Services with The Lord’s Place, Inc. (TLP) (R2020-1327), for the period July 20, 2020 through December 30, 2020, to increase funding by $60,000, for a new total agreement amount not-to-exceed $90,000, for the provision of navigation services for Palm Beach County residents who were adversely impacted by the COVID-19 pandemic and are applying for rental and utilities assistance under the CARES Act; and

 

C) Contract for the Provision of Services with TLP for the period July 20, 2020 through December 30, 2020 for an amount not-to-exceed $149,688 for the provision of food services to individuals and families experiencing homelessness who are transitioning from John Prince Park and are experiencing food insecurities aggregated by the COVID-19 pandemic.

 

SUMMARY: On May 15, 2020, the Board of County Commissioners allocated CARES Act funding to the Community Services Department to provide rental and utility assistance and other human services to Palm Beach County individuals and families experiencing adverse economic impact due to the COVID-19 pandemic. PBCHA and TLP implemented the navigation component of the CARES Act Rental and Utilities Assistance Program to assist up to 1,000 families and individuals with application navigation and review services to ensure clients submit their applications successfully. The CARES Act Rental and Utilities Assistance Program provides one-time rental and utility assistance to eligible Palm Beach County residents who have experienced a loss of income, reduction of hours of employment or unemployment as a result of the COVID-19 pandemic. TLP also implemented the Joshua Catering CARES Act Food Program to assist up to 100 individuals who transitioned from John Prince Park in Palm Beach County to local hotels and were experiencing food insecurities aggregated by the COVID-19 pandemic. Whitney Davis, an employee of TLP, is a member of the Palm Beach County HIV CARE Council, which provides no regulation, oversight, management or policy-setting recommendations regarding the subject contract or transaction. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, Palm Beach County Code of Ethics. The Director of Purchasing has authority to execute these contracts pursuant to Section 2-54(f)(4), Palm Beach County Code. 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. No County funding is required. (Community Services) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to approve: Subrecipient Agreements for Ryan White HIV/AIDS Program (RWHAP) Part A and Minority AIDS Initiative (MAI) Core Medical and Support Services with the below listed agencies for the provision of services to improve health outcomes for persons with HIV, for the three year period March 1, 2021 through February 29, 2024, in the amount totaling $8,130,498, of which $2,710,166 is budgeted in GY 2021 with an anticipated annual allocation of $2,710,166 in each subsequent grant year, contingent upon a budgetary appropriation by the Board of County Commissioners, subject to funding approval by the U.S. Department of Health and Human Services (HHS), Health Resources Services Administration (HRSA):

 

A) Compass Inc., in an amount not-to-exceed $3,717,324 of which $1,239,108 is budgeted in GY 2021, with an anticipated annual allocation of $1,239,108 in each subsequent grant year for the term of the agreement;

 

B) Legal Aid Society of Palm Beach County, Inc., in an amount not-to-exceed $980,079, of which $326,693 is budgeted in GY 2021, with an anticipated annual allocation of $326,693 in each subsequent grant year for the term of the agreement;

 

C) Treasure Coast Health Council, Inc., d/b/a Health Council of Southeast Florida, in an amount not-to-exceed $2,948,076, of which $982,692 is budgeted in GY 2021 with an anticipated annual allocation of $982,692 in each subsequent grant year for the term of the agreement;

 

D) Midway Specialty Care Center, Inc., in an amount not-to-exceed $215,838, of which $71,946 is budgeted in GY 2021 with an anticipated annual allocation of $71,946 in each subsequent grant year for the term of the agreement;

 

E) Monarch Health Services Inc., in an amount not-to-exceed $184,041, of which $61,347 is budgeted in GY 2021, with an anticipated annual allocation of $61,347 in each subsequent grant year for the term of the agreement; and

 

F) The Poverello Center, Inc., in an amount not-to-exceed $85,140 of which $28,380 is budgeted in GY 2021, with an anticipated annual allocation of $28,380 in each subsequent grant year for the term of the agreement.

 

SUMMARY: These agencies were selected and recommended for subawards through a Notice of Funding Opportunity (NOFO) process. These agreements will provide services for persons with HIV, and will include medical and non-medical case management, pharmaceutical assistance, oral healthcare, legal services, housing and financial assistance, health insurance assistance, and nutrition services. Programs will serve Palm Beach County residents, including priority minority populations through MAI. In GY 2020, RWHAP enabled these agencies to collectively serve 3,100 clients, and are expected to serve a total of 3,400 clients in GY 2021 and in each subsequent grant year for the term of the agreement. Eighty-five percent of RWHAP clients have attained suppressed viral loads, as compared to 65% percent of the general population, and are no longer spreading HIV. Midway Specialty Care Center and The Poverello Center are new RWHAP providers. Kimberly Rommel-Enright and Kristina Rowe, employees of Legal Aid Society of Palm Beach County, Inc., Ashnika Ali, employee of Treasure Coast Health Council, Inc., Damion Baker and Richardo Jackson, employees of Monarch Health Services, Inc., and Lysette Perez employee of Compass, Inc., are members of the Palm Beach County HIV CARE Council. Marcia Hayden, employee of Treasure Coast Health Council Inc. is a member of the Planning Commission. These boards provide no regulation, oversight, management, or policy-setting recommendation 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 County Code of Ethics. These are RWHAP Part A and MAI grant funds, which require no local match. (Ryan White Program) Countywide (HH)

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         Staff recommends motion to approve: the Agreement for Provision of Financial Assistance with South County Mental Health Center, Inc. (SCMHC), for the period October 1, 2020 through September 30, 2021, in an amount totaling $2,724,312, to provide crisis stabilization, psychiatric and medical services, and intake and evaluation/ mobile crisis team services to clients in the behavioral health service category. SUMMARY: On July 14, 2020, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. This agreement reflects dollar amounts included in the FY 2021 budget, and represents $2,724,312 of the total FAA funding allocation of $12,976,690 in FY 2021. The finalization of the agreement was delayed due to competing staff assignments and an extended review of the agency’s scope of work and budget. The SCMHC currently has four programs included in the agreement under FAA program funding. In FY 2020, SCMHC served 2,680 clients through the intake and evaluation/mobile crisis team (I&E/MCT) program, which serves clients ages 5 and above with emotional and psychiatric needs. In FY 2020, SCMHC served a total of 353 clients through the crisis stabilization unit (CSU) in Delray Beach (291) and Belle Glade (62) (formally known as the Jerome Golden Program), which serves adults in need of crisis services. In FY 2020, SCMHC served 1,135 clients through psychiatric and medical services, which serves adults with behavioral health concerns. Under this new agreement SCMHC will serve 2,374 unduplicated clients under the I&E/MCT program, 732 unduplicated clients under the CSU program and 1,200 unduplicated adults through the psychiatric and medical services program. (Financially Assisted Agencies) Countywide (HH)

 

7.         Staff requests motion to approve: the Agreement for Provision of Financial Assistance with Housing Partnership Inc. (HPI), for the two year period October 1, 2020 through September 30, 2022, in an amount not-to-exceed $355,592, of which $177,796 is budgeted for FY 2021 with an anticipated annual allocation of $177,796 in FY 2022, contingent upon a budgetary appropriation by the Board of County Commissioners, for the term of this agreement, to provide services in the Economic Stability/Poverty Service Category, for the provision of financial education, job development, and business entrepreneurship training, as well as individual coaching and counseling services. SUMMARY: On July 14, 2020, the Board of County Commissioners approved funding allocations for the Financially Assisted Agencies (FAA) Program. This agreement reflects dollar amounts included in the FY 2021 budget, representing $177,796 of the total FAA funding allocation of $12,976,690 in FY 2021. HPI has worked closely with the Community Services Department providing services for various programs. This is the first agreement to provide services under the FAA program. Under this agreement, 300 individuals with children 0-18 will receive services. HPI will provide case management services, which include: financial education and counseling, job training and apprenticeship, skill-based training, and entrepreneurial training. Families will also connect with mental health professionals to engage with therapy services. The Community Partners Securing Our Future Initiative Project will incorporate a savings account matching program in which families that save $300 in emergency funds will receive $300 from FAA funding. Families starting businesses can earn $1,000 match from FAA funding when they save $1,000. (Financially Assisted Agencies) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file: the first amendment (Amendment) to Non-Signatory Airline Agreement (Agreement) with Frontier Airlines, Inc. (Frontier) (R2015-1611), providing a schedule for repayment of $184,453.32 in unpaid fees and charges, and updating standard form provisions, pursuant to delegation of authority approved by the Board on May 5, 2020 (R2020-0527). SUMMARY: Beginning in March, 2020, Frontier experienced a severe decline in revenues, when passenger traffic at the Palm Beach International Airport declined substantially as a result of the COVID-19 pandemic. Frontier accrued a total of $184,453.32 in unpaid fees and charges for ticket counter and office rent as well as passenger facility fees. The Amendment provides for Frontier’s repayment over a series of 4 installments from October 1, 2020, through January 1, 2021. As of January 1, 2021, Frontier has completed its repayments in full. The Amendment also updates standard form provisions. Countywide (AH)

                 

2.         Staff recommends motion to receive and file: an Extension of Time to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Airport Rescue and Fire Fighting (ARFF) Facility Improvements at Palm Beach International Airport (PBI); Financial Project Number 436389-1-94-01 approved by the Board on March 22, 2016 (R2016-0326 and R2016-0327), until June 30, 2021. SUMMARY: The existing ARFF facility is over 40 years old.  The Department of Airports (Department) commenced planning efforts to rehabilitate and improve the existing ARFF facility; however, as a result of the planning process, it became apparent that building a new ARFF facility was more feasible than rehabilitating the existing facility.  Approval of this time extension will allow for the completion of minor repairs to the existing ARFF facility while the final design package for the new facility is completed.  The Extension of Time to the JPA extends the availability of grant funding to allow for the continuation of the project.  Delegation of authority for execution of the above Extension of Time to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 

3.         Staff recommends motion to approve: Declaration of Drainage Easement (Declaration) for storm water drainage to Haverhill Road, associated with the development of County-owned property under lease to Airport Logistics Park, LLC (ALP) (R2019-0300, as amended) west of the Palm Beach International Airport. SUMMARY: ALP is constructing approximately 566,672 square feet of industrial warehouse and distribution facilities on property located west of PBI.  A storm water drainage inlet was constructed on the ALP leasehold, which connects to the adjacent Haverhill Road drainage system. The Declaration will be recorded in the public records to memorialize the existence of facilities on County-owned property. Countywide (HF)

 

4.         Staff recommends motion to approve:  Utility Easement Agreement (Easement) with Florida Power & Light Company (FPL) for facilities developed on County-owned property west of the Palm Beach International Airport. SUMMARY: The Easement will provide for electric utilities and communications to serve facilities being constructed by property under lease to Airport Logistics Park, LLC (ALP) (R2019-0300, as amended).  FPL is providing electric utility service and requires an easement.  ALP has consented to the creation of the Easement. Countywide (HF)

 

5.         Staff recommends motion to receive and file: Consent to Sublease (Consent) document, consenting to the sublease by Jet Aviation Associates, Ltd. (Jet) at the Palm Beach International Airport (PBI), with Central Romana Corporation, Ltd., effective March 1, 2020. SUMMARY:  Jet provides fixed base operator services at PBI pursuant to a Lease Agreement (R99-2239, as amended), with the County. The Lease Agreement allows Jet to sublease space subject to the County’s consent.  Delegation of authority for execution of the standard form consent to sublease was approved by the Board in R94-1453. Countywide (AH)

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

6.         Staff recommends motion to receive and file: Access Agreement (Agreement) with DTG Operations, Inc., by and through its affiliate The Hertz Corporation (Hertz) providing for access to 2600 Turnage Boulevard, at the Palm Beach International Airport (PBI), in order to complete environmental remediation actions, at no cost to Hertz. SUMMARY:  Pursuant to bankruptcy proceedings, Hertz terminated its lease of a rental car return facility at 2600 Turnage Boulevard, at PBI (R93-1267D, as amended), effective October 31, 2020.  Hertz is completing environmental remediation at the site under supervision of the Florida Department of Environmental Protection (FDEP) and Palm Beach County Department of Environmental Resources Management, resulting from fuel discharges occurring in 2014 and 2015 (FDEP Facility ID No. 50-8944439). Remediation activities are being completed at Hertz’ expense and include vapor extraction and periodic groundwater sampling until acceptable target levels are met. The Agreement will expire October 31, 2022 and may be extended by County for an additional 24 months. Countywide (AH)

 

7.         Staff recommends motion to:                                                                                                

A) approve  a second amendment (Amendment) to Lease Agreement (Agreement) with PAE Applied Technologies LLC (PAE) (R2009-0973, as amended) for PAE’s operations at the Palm Beach International Airport (PBI) as a contractor for the United States Department of Defense (DOD); providing for automatic renewals on a year-to-year basis (April 1 – March 31) through March 31, 2031; and updating standard form provisions; for payment of rental in the amount of $227,822.58 per year, plus fees and charges for PAE’s aircraft operations; and

           

B) authorize the County Administrator or designee to execute, on behalf of County, an assignment of the Agreement to a successor to PAE, in the event PAE’s contract with DOD is not renewed.

 

SUMMARY:  PAE provides operational support including air cargo and transportation services for the Navy’s Atlantic Undersea Testing Evaluation Center program on Andros Island pursuant to a contract with DOD. The Agreement is scheduled to expire on March 31, 2021. The Amendment provides for ten automatic annual renewals through March 31, 2031, and updates standard County provisions.  Rental will continue to be subject to adjustment on a triennial basis, in accordance with Federal Aviation Administration guidelines. PAE is in negotiations with DOD to extend their contract with DOD beyond the scheduled May 31, 2021 expiration.  The Amendment enables PAE to terminate the lease, or to assign the lease to a successor DOD contractor in the event PAE’s contract with DOD is discontinued prior to March 31, 2022. The Department is requesting a delegation of authority to the County Administrator or designee to approve such consent to assignment. The Director of Airports shall be considered a designee for purposes of this delegation. Countywide (HF)

 

8.         Staff recommends motion to receive and file: Hotel Courtesy Shuttle Operator Permit (Permit) with AD1 PB Airport Hotels LLC, a Florida limited liability company, operator of the Holiday Inn Palm Beach Airport Hotel, commencing December 18, 2020, and terminating September 30, 2021, with automatic October 1st to September 30th annual term renewals unless canceled. SUMMARY: Approval is needed to engage in commercial ground transportation at the Palm Beach International Airport.  The Permit allows the hotel operator to operate its courtesy shuttle to pick up and drop off customers for payment of an annual permit fee. Delegation of authority for execution of the standard form Hotel Courtesy Shuttle Operator Permit was approved by the Board in R2017-1020. Countywide (AH)

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to receive and file: The Quarter Ending 12-31-2020 information for Children’s Services Council of Palm Beach County. SUMMARY: The Children’s Services Council has submitted their Quarter Ending 12-31-2020 information as per Section 125.901, Florida Statutes. Countywide (DB)

 

2.         Staff recommends motion to receive and file: Financial Statements and Management Letter from the Boynton Beach CRA. SUMMARY: The Boynton Beach CRA has submitted their financial statements and management letter as per Section 163.387(8), Florida Statutes. Countywide (DB)

 

3.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida (i) authorizing the issuance of not exceeding $64,000,000 in total original aggregate principal amount of its Public  Improvement Revenue Bonds, Series 2021A (Supervisor of Elections Operations Building) for the purpose of financing and refinancing the acquisition, design, construction, development and equipping of a Supervisor of Elections Operations Building and related facilities and paying certain costs of issuance; (ii) ‎ authorizing the issuance of Public Improvement Revenue Refunding Bonds, Federally Taxable Series 2021B, in the principal amount of ‎not to exceed forty-seven million dollars ($47,000,000) for the ‎purpose of financing the costs of the refunding of all or a portion of the ‎county’s Public Improvement Revenue Refunding Bonds, Series 2012 and paying certain ‎costs of issuance; ‎(iii)‎ authorizing the issuance of Public Improvement Revenue ‎Refunding Bonds, Federally Taxable Series 2021C ‎‎(professional sports franchise facility project),  in the principal amount of ‎not to exceed seventy-one million dollars ($71,000,000) for the ‎purpose of financing the costs of the refunding all or a portion of the ‎county’s Public Improvement Revenue Bonds (professional sports franchise facility project), tax-exempt Series 2015D and paying certain ‎costs of issuance; (iv) ‎authorizing the ‎use of preliminary official statements, official notices ‎of sale and summary notices of sale in connection with the ‎public sale of such bonds; (v) authorizing the Mayor or County Administrator to accept the best bids for the ‎purchase of the bonds; (vi) authorizing the proper officials of the county to execute and deliver certificates deeming the preliminary official statements "final" for purposes of Securities and Exchange Commission Rule 15C2-12; providing for certain continuing disclosure undertakings pursuant to such rule; (vii) appointing an initial paying agent and registrar;  (viii) approving the forms of and authorizing the execution official statements‎; (ix) authorizing the proper officials of the county to do all other things deemed necessary or advisable in connection with the issuance of the bonds; (x) providing for certain other matters in connection therewith; and providing for an effective date. SUMMARY: The County has identified the need for the acquisition, design, construction, development and equipping of a Supervisor of Elections Operations Building and related facilities and relocation of the Marine Unit of the Palm Beach County Sheriff’s Office. The Board of County Commissioners approved the Supervisor of Elections Operations Building Project at its May 19, 2020 meeting. In light of low prevailing interest rates, the County can use this opportunity to finance this Project in the current, favorable bond market environment. Additionally, the County’s Financial Advisors have reviewed the Public Improvement Revenue Refunding Bonds, Series 2012 (the 2012 Public Improvement Refunding Bonds) and the Public Improvement Revenue (Professional Sports Franchise Facility Project), Tax-Exempt Series 2015D (the Series 2015D Public Improvement Revenue Bonds) and determined that these bonds can be refunded for a savings. Based on current market conditions, the estimated savings on the Series 2012 Public Improvement Revenue Refunding Bonds have a net present value of $2,570,000 (6.22%). These bonds will be refunded at a not to exceed amount of $47 million on a competitive basis.  Based on current market conditions, the estimated savings on the Series 2015D Public Improvement Revenue Bonds have a net present value of $8,225,000 (9.55%). These bonds will be refunded at a not to exceed amount of $71 million on a competitive basis. Countywide (DB)

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

G.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET (Cont’d)

 

4.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $25,000 for the full satisfaction of a code enforcement lien that was entered against Zeida Alfonso and Jorge Alfonso on March 5, 2014. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an order on December 4, 2013, for the property owned by Zeida Alfonso & Jorge Alfonso providing them until January 3, 2014 to bring their property located at 5416 Cannon Way, West Palm Beach, FL into full compliance. The property had been cited for erecting/installing a shed without first obtaining required building permits. Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against Zeida Alfonso & Jorge Alfonso on March 5, 2014. The Code Enforcement Division issued an Affidavit of Compliance for the property on May 12, 2020 stating that the cited code violations had been fully corrected as of May 12, 2020. The total accrued lien amount through November 30, 2020, the date on which settlement discussions began, totaled $152,205.38. The heirs of the late Zeida & Jorge Alfonso have agreed to pay Palm Beach County $25,000, (16%) for full settlement of their outstanding Code Enforcement lien. District 2 (SF)

 

5.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $154,000 for the full satisfaction of a code enforcement lien that was entered against D & N Real Estate Holdings on September 9, 2016. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an order on June 1, 2016, for the property owned by D & N Real Estate Holdings providing them until July 31, 2016 to bring their property located at 6950 S. Congress Ave, Lake Worth, FL into full compliance. The property had been cited for damaged, diseased, missing or dead landscaping. 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 D & N Real Estate Holdings on September 9, 2016. The Code Enforcement Division issued an Affidavit of Compliance for the property on August 25, 2020 stating that the cited code violations had been fully corrected as of August 24, 2020. The total accrued lien amount through December 17, 2020, the date on which settlement discussions began, totaled $439,894.87. D & N Real Estate Holdings have agreed to pay Palm Beach County $154,000, (35%) for full settlement of their outstanding Code Enforcement lien. District 3 (SF)

 

6.         Staff recommends motion to approve: the recording of the FY 2020 retirements of tangible personal property (equipment, vehicles, and publications) in the official minutes of the Board of County Commissioners’ meeting as prescribed by Chapter 274, Florida Statutes. SUMMARY:  Chapter 274, Florida Statutes and the Palm Beach County “Surplus Property Ordinance” require the recording of the disposal (retirement) of tangible personal property from the official records of Palm Beach County at historical value. Disposal, retirement, and adjustments total $27,302,031.71.  Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: a Utility Easement Agreement in favor of Florida Power & Light (FPL) for electrical transmission lines and improvements across a portion of the Water Utilities Department’s Mecca Repump Station (Repump Station) property located east of Seminole Pratt Road and north of 100th Lane North.  SUMMARY: FPL has a new distribution substation site located east of the Repump Station in the new Avenir development. The new substation facility will be in-service by June 2021 and will supply long term capacity needs for the immediate area, as well as provide contingency support for the Acreage Substation. The easement area is 75’ wide and 732.49’ long, containing 1.261 acres. This non-exclusive easement runs within the southern undeveloped portion of the Repump Station property, with the remainder of the route continuing west into the County’s adjoining undeveloped 260’ wide right-of-way strip. An appraisal was obtained from S. F. Holden Inc., who assigned the proposed easement a $35,500 market value. FPL agreed with the valuation and has provided a $35,500 payment for the proposed easement. The balance of the route will be handled by the County’s Engineering Department. The easement will be recorded to provide public notice of its location. (Property & Real Estate Management) District 1 (HJF)

 

2.         Staff recommends motion to approve: Change Order No. 3 to Amendment No. 15 of the continuing contract with Robling Architecture Construction, Inc. (R2016-0762) decreasing the Guaranteed Maximum Price (GMP) for construction management services for the Water Utilities Department (WUD) Southern Regional Operations Center (SROC) Roof and Fan Replacement project in the amount of $127,342.13.   SUMMARY: On February 11, 2020, the Board of County Commissioners (Board) approved Amendment No. 15 (R2020-0154) to the contract with Robling Architecture Construction, Inc. in the amount of $890,012. The work consisted of the removal of the flat roof systems from six existing structures, the replacement of the old roof systems with new built-up roofing systems, new mechanical exhaust systems and new roof drains. There is $127,342.13 remaining as a result of unused contractor contingency funds. All savings will be returned to the WUD Operations and Maintenance fund. This continuing construction management contract was presented to the Goal Setting Committee on January 1, 2019 and the Committee established an Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal on the contract.  Robling Architecture Construction, Inc. is an SBE and a Palm Beach County business. The revised SBE participation for the project after adjusted for Change Order No. 3 to Amendment No. 15 is 33.64%. To date, the overall SBE participation for the continuing contract is 39.74%. (Capital Improvements Division) District 5 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         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 

            Triton Electric Company                 Local                                      SBE

 

            SUMMARY: On November 19, 2019 the Board of County Commissioners approved the annual electrical contract (R2019-1752 through R2019-1758). The work consists of electrical repairs, improvements and renovations to County-owned properties on an as needed basis. The contractor now joins the list of 12 already prequalified contractors for a total of 13 prequalified contractors 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 $3,000,000 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 13 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 or a Small Business Enterprise 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 all work orders issued. Current cumulative S/M/WBE participation for all work orders to-date under the electrical annual is 64.45%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

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

 

            Contractor                                                                Status             SBE or Non-SBE 

            Wisch & Jackson Co. of Florida, Inc.                    Local              SBE

 

            SUMMARY: On September 13, 2016 the Board of County Commissioners approved the annual low voltage contract (R2016-1133 through R2016-1144). The work consists of low voltage services on an as needed basis. The contractor now joins the list of 24 already prequalified contractors for a total of 25 prequalified contractors with a contract expiration date of September 12, 2021. The specific requirements of the work shall be determined by individual work orders issued against this annual contract. These contracts are five year indefinite-quantity contracts with a maximum cumulative value of $5,000,000 across all prequalified contractors. Work is to be awarded as work orders on a lump-sum, competitively bid basis across all prequalified contractors. Contractors are allowed to qualify at any time and be added to this annual contract. Projects $100,000 and over are advertised on the vendor self-service website while projects $200,000 and over are also advertised in the newspaper. Projects under $100,000 are bid among the pool of pre-qualified contractors (currently 25 have pre-qualified) and for projects over $100,000, the bidding pool is expanded to include any additional bidders responding to the specific project advertisement that submit a qualification application at least ten days before the bid due date. The low voltage annual contract was presented to the Goal Setting Committee on January 2, 2019 and the Committee established an Affirmative Procurement Initiatives of price preference for Small Business Enterprise contractors if their bid is within 10% of the lowest non-small business bid. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be identified on each work order, and will be tracked cumulatively for all work orders issued. Current cumulative S/M/WBE participation for all work orders to-date under the low voltage annual is 25.19%. (Capital Improvements) Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve: an annual contract with the following contractors for roofing services on an as-needed basis through November 16, 2025.

 

            Contractor                                                                 Status                SBE or Non-SBE

            A) A-1 Property Services Group Inc.                      Non-Local        Non-SBE

            B) Certified Roofing Specialists, Inc.                     Non-Local        Non-SBE

            C) Grace Roofing & Sheet Metal   Enterprise       Non-Local        Non-SBE

               LLC DBA Grace Roofing & Sheet Metal

                Enterprise   

 

            SUMMARY: On November 17, 2020, the Board of County Commissioners approved the annual roofing contract (R2020-1693 through R2020-1700). The work consists of roofing repair and replacement services on an as needed basis. The contractors now join the list of 8 already prequalified contractors for a total of 11 prequalified contractors with a contract expiration date of November 16, 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 $3,000,000 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 11 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 10 days before the bid due date. The roofing annual contract was presented to the Goal Setting Committee on July 15, 2020 and the Committee established Affirmative Procurement Initiatives of sheltered market for projects under $100,000 or a Small Business Enterprise 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 all work orders issued. Current cumulative S/M/WBE participation for all work orders to-date under the roofing annual is 100%. (Capital Improvements) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to approve: Amendment No. 6 to the construction management at risk contract with Hedrick Brothers Construction Co. Inc. (Hedrick) (R2016-0430) to extend the term of the contract from April 4, 2021 until the completion of all project phases, not to exceed five years and to update the County’s standard contract terms. SUMMARY: On April 5, 2016, the Board of County Commissioners (Board) approved the construction management at risk contract (CM Contract) with Hedrick for the Detention Facilities Project (Project). The Project included a five year capital improvement program for the renewal/replacement of major building systems at the County’s detention facilities including the Main Detention Center, the Western Detention Center (WDC) and the Central Detention Center. The Project includes the renewal/replacement of the following major building systems at these detention facilities: mechanical including heating ventilation and air conditioning; fire protection; plumbing and boilers; electrical; low voltage including electronic security systems and fire alarm, security doors and hardware; roofing; weatherproofing and other similar improvements. The County was unable to complete the Project within the CM Contract’s initial five-year term. The final phase of the Project for the WDC has yet to begin; therefore, the Facilities Development and Operations Department (FDO) is requesting authorization to extend the CM Contract with Hedrick from April 4, 2021 until the final phase of the Project is complete, not to exceed five years. Under Section 2-54(b) of the Purchasing Code, the FDO Director deems that and recommends to the Board that the extension of this Contract is beneficial to the interest, health, safety and welfare of the County and that said extension will provide cost savings to the County in light of the additional cost and time that would be incurred if FDO had to solicit a new CM who was not familiar with the Project or the operations of the Detention Facilities to finish the final phase of the Project. Amendment No. 6 extends the CM Contract term and adds or updates standard County terms on scrutinized companies, non-discrimination, public entity crimes, public records and confidential information, e-verify, among others. The CM Contract was awarded under the prior Small Business Enterprise (SBE) Ordinance, and the SBE participation goal was 15% under the prior SBE program. The construction manager (CM) is not an SBE. The CM has partnered with Cooper Construction Management & Consulting, Inc., a Small/Minority Business Enterprise (S/MBE) CM for services in an amount not less than 15% of the construction management fee and is sharing in the CM earned overhead/profit. After the implementation of the Equal Business Opportunity (EBO) Ordinance in January 2019, the Hedrick CM Contract was updated with the new EBO language; thus, all guaranteed maximum price work authorizations issued pursuant to this Contract are subject to the requirements of the EBO Ordinance including requesting an Affirmative Procurement Initiative be set prior to bidding the subcontracts. The Office of Equal Business Opportunity has reviewed the existing SBE participation and approved this extension request under the existing contract terms. To date, the Small/Minority/ Women Owned Business Enterprise participation for task authorizations, work orders and amendments issued under this CM Contract is 62.05%. The CM is a local business. This Project is funded by the Infrastructure Sales Tax fund and the Public Building Improvement (Ad Valorem) fund. (Capital Improvements Division) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: Amendment No. 2 to the continuing contract with Robling Architecture Construction, Inc. (R2020-1690) establishing a Guaranteed Maximum Price (GMP) in the amount of $437,992 for construction management (CM) services for the Dubois Pineapple Packing House (Pineapple House) Restoration project for a period of 365 calendar days from notice to proceed or until the project is complete. SUMMARY: The Dubois Pineapple Packing House was built to store harvested pineapple crops in the 1800s. Harry Dubois built his main house in 1898, on a plot of land commonly known as DuBois Park, while taking up temporary residence on the same plot of land in the Pineapple House. To date, the Pineapple House (also known as the Dubois Pioneer Home) located at DuBois Park is one of the oldest wooden structures remaining in Palm Beach County. In an effort to preserve the historic aspects of the Pineapple House, Amendment No. 2 authorizes the restoration of the historic Pineapple House including restoring the roof, which is at the end of its useful life; wood framing repairs; new windows; new doors; new electrical utilities and heating ventilation and air condition system. Amendment No. 2 also authorizes the relocation of the Pineapple House to approximately 100 yards south of its current location in the park, so that it is no longer in a flood zone. On November 17, 2020, the Board of County Commissioners approved the continuing CM contract with Robling Architecture Construction, Inc. for construction management services for capital projects under $4,000,000. This continuing construction management contract was presented to the Goal Setting Committee on December 4, 2019 and the Committee established Affirmative Procurement Initiatives of a small business enterprise (SBE) evaluation preference of 10 points for the selection of the construction manager and a mandatory 20% SBE subcontracting goal on the continuing contract. SBE participation for this amendment is 10.93%. To date, the overall SBE participation for the continuing contract is 28.60%. Robling Architecture Construction, Inc. is an SBE and a Palm Beach County business. This amendment will be funded from the Infrastructure Sales Tax fund and the Park Impact Fees fund. (Capital Improvements Division) District 1 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

8.         Staff recommends motion to receive and file: Change Order No. 28 to Amendment No. 1 to the construction management contract with Hedrick Brothers Construction Company, Inc. (R2017-0164) in the amount of $64,215.28 for the Main County Courthouse Electronics & Security Systems Renewal & Replacement Project. SUMMARY: On December 18, 2018, the Board of County Commissioners (Board) approved Amendment No. 1 (R2018-2058) to the contract with Hedrick Brothers Construction Company, Inc. in the amount of $13,580,467.00 for the renewal/ replacement of electronics and security systems (programmable logic controllers, closed circuit television surveillance and video management, security management, elevator override control, electronic access control, intercom, lighting control, duress and fire alarm) within the Main County Courthouse, Central Energy Plant, and State Attorney/Public Defender’s building. The project also included the expansion of the Palm Beach Sheriff’s Office Command Center. Change Order No. 28 to Amendment No. 1 authorized the construction manager to furnish all labor and materials to replace the existing locking hardware (maglocks) on four sets of lobby double doors, eight doors total, in the State Attorney/Public Defender (SA/PD) buildings. With all changes to date, the current contract value is $13,405,724.03. In accordance with policy and procedure manual (PPM) CW-F-050, when the cumulative value of changes or additional work exceeds the greater of 5% or $250,000 of the original contract value, an agenda item notifying the Board of the item that puts the cumulative value in the excess category must be presented as a receive and file. This agenda item is being submitted to notify the Board that Change Order No. 28 to Amendment No. 1 puts the cumulative value of changes in excess of the $250,000 threshold established by PPM CW-F-050. The construction manager was selected pursuant to the Small Business Enterprise (SBE) ordinance in place at the time. The SBE goal established under the prior SBE Ordinance for this contract is 25%, with 15.5% SBE partner involvement. Hedrick Brothers Construction Company, Inc. is partnering with Cooper Construction Management and Consulting, Inc. SBE participation for this change order is 13.63%. To date, the overall SBE participation is 32.11%. Hedrick Brothers Construction Co., Inc. is a Palm Beach County Business and it is anticipated that 97% of the work will be performed by Palm Beach County businesses. This project is funded from the Infrastructure Sales Tax fund. (Capital Improvements Division) Countywide/District 7 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

9.         Staff recommends motion to approve:

 

A)  Fifth Amendment to the Agreement (R2017-1895) for Art Services for the Palm Beach County Convention Center Courtyard Public Art Project (Agreement) with Susan Narduli of Narduli Studio (Artist) to extend the Agreement for an additional 122 days to July 30, 2021; and,

 

B) Change Order No. 2 to the Contract (R2020-0762) for Construction Manager at Risk Services for the Palm Beach County Convention Center Courtyard Project (Contract) with Robling Architecture Construction (Contractor) to extend the Contract 191 days from December 21, 2020 to June 30, 2021. 

 

            SUMMARY: On December 19, 2017, the Board approved the Agreement in the amount of $454,000 for the design, permitting, fabrication and installation of “Light Play” sculptural screens for the Palm Beach County Convention Center Courtyard.  The following table reflects the contract history.

 

       

Contract

Resolution No.

           BCC Approval

Agreement/

Amendment

 Amount

Agreement/

Amendment

Duration

Original

R2017-1895

        12/19/17

$454,000

155 days

Amendment #1

R2018-0255

         3/13/18

Add $330,600

Add 275 days

Amendment #2

R2018-1991

       12/18/18

Deduct $4,625

Add 456 days

Amendment #3

R2019-1759

       11/19/19

$0

Add 397 days

Amendment #4

R2020-1866

       12/15/20

Add $15,200

Add 90 days

 

 

 

 

 

 

       

 

This Fifth Amendment includes additional changes to the schedule of work due to circumstances beyond the Artist’s control related to art (sculptural screens and gates) fabrication. Based upon current fabrication and installation projections, Courtyard construction is anticipated to achieve Substantial Completion no later than June 30, 2021. Whereas the Fourth Amendment established a March 31, 2021 completion date for all services, an extension to July 30, 2021 is now necessary.  Consequently, an extension to the June 30, 2021 Substantial Completion date is also necessary to the Contract with Contractor, as all improvements are permitted and will be inspected as a single project. Funding for the Courtyard art project is from the $68M Rev Bond AC2/Convention Center Parking Garage. (FDO ADMIN)  District 7/Countywide (MWJ)

 

10.       Staff recommends motion to receive and file: Standard License Agreement for Use of County-Owned Property for a period of January 13, 2021 through February 2, 2021 with South Florida Fair and Palm Beach County Expositions, Inc., for public and Sheriff’s Office parking during 2021 South Florida Mini-Fair. 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 Standard License 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. This executed document is now being submitted to the Board to receive and file. (FDO Admin) Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

11.       Staff recommends motion to approve: a first amendment to Grant of Easement in favor of Lake Worth Drainage District (LWDD) for an additional 5-foot easement area along the western property boundary of Palm Beach County’s Water Utilities Department (WUD) Southern Region Water Reclamation Facility (SRWRF) in western Boynton Beach. SUMMARY: The SRWRF is located at the southwest corner of Hagen Ranch Road and Flavor Pict Road in western Boynton Beach. On July 11, 1989 (R89-1332D), the Board approved a Grant of Easement in favor of LWDD over a 25-foot-strip to provide for ingress, egress and periodic maintenance of the LWDD’s E-2E canal that borders the western property boundary of the SRWRF. WUD is in the process of developing the SRWRF to allow for the addition of new advanced water treatment activities on site to provide additional water treatment for wastewater. A condition of approval requires the County to grant LWDD an exclusive easement over a 5-foot portion of the western property boundary of the SRWRF. The first amendment to Grant of Easement will provide LWDD with an additional five feet of easement area, increasing the original easement area from 25 feet to 30 feet.  (Property & Real Estate Management) District 5 (HJF)

 

12.       Staff recommends motion to approve: a Utility Easement in favor of the Town of Jupiter (Town) for a water main and appurtenant equipment to service the Loggerhead Marine Life Center (Center). SUMMARY: The Center leases 2.39 acres for their scientific research and rehabilitation center for sea turtles within Loggerhead Park, in Juno Beach. During the current development of the Center, a water main and appurtenant equipment were installed.  A non-exclusive utility easement will be granted to the Town at no charge, as said easement is required to obtain water service from the Town. The easement area for the water main varies in length and width, and contains approximately 2,500 square feet (0.057 acres). (Property & Real Estate Management) District 1 (HJF)

 

13.       Staff recommends motion to accept: a Quit-Claim Deed from the City of Pahokee (City) to correct a scrivener’s error contained in the legal description of the Warranty Deed as recorded in Official Records Book 9672, pages 1401, of the Public Records of Palm Beach County, Florida (Warranty Deed). SUMMARY: On July 14, 2020, the Board of County Commissioners (Board) approved an Agreement for Purchase and Sale with Stephanie Iderosa to acquire a 0.34-acre parcel (Property) located at 1759 East Main Street in Pahokee (R2020-0925).  The County closed on said acquisition on August 13, 2020.  The City, who was a prior owner of the Property dating back to 1997, conveyed said Property by Warranty Deed, which contained a scrivener’s error with a directional call within the legal description. The Quit-Claim Deed corrects the scrivener’s error and resolves any potential issue with the chain of title. The Quit-Claim Deed was executed by the City to correct the error in the legal description. (Property & Real Estate Management) District 6 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

14.       Staff recommends motion to approve:  Change Order No. 30 to Amendment No. 1 to the construction management contract with Hedrick Brothers Construction Company, Inc. (R2017-0164) increasing the Guaranteed Maximum Price (GMP) in the amount of $181,590.24 and increasing the project duration by 42 additional calendar days for the Main County Courthouse (MCCH) Electronics & Security Systems Renewal & Replacement Project (Project).  SUMMARY: On December 18, 2018, the Board of County Commissioners (Board) approved Amendment No. 1 (R2018-2058) to the contract with Hedrick Brothers Construction Company, Inc. in the amount of $13,580,467 for the renewal/replacement of electronics and security systems (programmable logic controllers, closed circuit television (CCTV) surveillance and video management, security management, elevator override control, electronic access control, intercom, lighting control, duress and fire alarm) within the MCCH, Central Energy Plant, and State Attorney/Public Defender’s buildings. The Project also included the expansion of the Palm Beach Sheriff Office Command Center. Change Order No. 30 to Amendment No, 1 authorizes the construction manager (CM) to provide and install 37 CCTV cameras on multiple floors of the MCCH building, relocating the existing elevator camera, so that both sides of the detention elevators are in the coverage area, and extending the Project duration by 42 calendar days. When combined with all approved time extensions, the revised substantial completion date is April 9, 2021. The CM was selected under the Small Business Enterprise (SBE) Ordinance in place at the time. The SBE goal established under the prior SBE Ordinance for this Project is 25%, with 15.5% SBE partner involvement. Hedrick is partnering with Cooper Construction Management and Consulting, Inc. Hedrick Brothers Construction Co., Inc. is not an SBE contractor. The SBE participation for this change order is 34.41%.  Including this change order, the overall SBE participation on this Project is 32.12%. Hedrick Brothers Construction Co., Inc. is a Palm Beach County Business and it is anticipated that 97% of the work will be performed by Palm Beach County businesses. This Project is funded by Infrastructure Sales Tax and Ad Valorem funds. (Capital Improvements Division) Countywide/District 7 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

15.       Staff recommends motion to:

 

A) determine that an emergency extension to the term of the continuing contracts for environmental assessment services is beneficial to the interest, health, safety and welfare of the County and its citizens; and

 

B) approve Amendment No. 6 to the contracts for environmental assessment services with the following consultants on a continuing contract basis extending the contracts from March 31, 2021 to June 30, 2021;

 

1. AECOM Technical Services, Inc. (R2015-1253), Non-SBE/Local, 10.93% SBE participation to date;

 

2. Partner Assessment Corporation d/b/a Partner Engineering and Science, Inc. (fka Eco Advisors, LLC) (R2015-1255), Non-SBE/Local, 50.89% SBE participation to date; and

 

3. Terracon Consultants, Inc. (R2015-1254), Non-SBE/Local, 17.83% SBE participation to date.

 

            SUMMARY:  The Board of County Commissioners (Board) approved the continuing contracts on September 22, 2015, which provided for an initial two year term with three renewal options each for a period of one year. Amendment No. 4 (R2020-1339 through 2020-1341) authorized an extension of the term of the continuing environmental assessment contracts to December 21, 2020 to allow for advertising and the selection of the firms for the new continuing contract.  However, the majority of the proposals submitted were rejected as non-responsive to the requirements of the request for proposal, which ultimately resulted in further delays. Subsequently, Amendment No. 5 (R2020-1813 through R2020-1815) authorized an extension of the term of the continuing environmental assessment contracts to March 31, 2021. The department advertised for the new continuing environmental assessment services contracts, but experienced delays during the selection process, which limits the time needed for contract negotiations and delays the approval of the new continuing contracts before the current contracts expire on March 31, 2021. Amendment No. 6 will extend services through June 30, 2021, while the new firms are being selected. These contracts provide for environmental conditions assessments, identification of remedial activities and related consulting and remediation observation services. At this time, Staff believes that extending the continuing environmental assessment contracts best serves the interests, health, safety, and welfare of the County and its citizens.  The existing contracts were awarded under the prior Small Business Enterprise (SBE) Ordinance, and the SBE participation goal was 15%. AECOM Technical Services, Inc. committed to an SBE participation goal of 19%; Partner Assessment Corporation d/b/a Partner Engineering and Science, Inc. (fka Eco Advisors, LLC) 93%; and Terracon Consultants, Inc. 15%, respectively. Eco Advisors, LLC was the only consultant that was an SBE. However, on July 23, 2019, the Board approved an Assignment, Assumption & Consent Agreement (R2019-0987) from Eco Advisors, LLC to Partner Assessment Corporation d/b/a Partner Engineering and Science, Inc., a non-SBE firm. The Office of Equal Business Opportunity has reviewed the existing SBE participation and approved this extension request under the existing contract terms. (Capital Improvements Division) Countywide (LDC)

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

16.       Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with Broward County (Broward), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to Broward retroactively from February 26, 2021 through February 25, 2026.  SUMMARY: This Agreement provides the terms and conditions under which Broward can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement is intended to replace the Interlocal Agreement R2006-0346 between County and Broward, amended by First Amendment R2011-1177, by Second Amendment R2017-0540 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 Broward. 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. Broward is required to pay all costs associated with Broward’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 60 days prior written notice to the other party. (ESS) Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

17.       Staff recommends motion to approve:

 

A) an amendment to the Infrastructure Sales Tax (IST) Project Plan approved by the Board of County  Commissioners  (Board) on April 4, 2017 to increase the budget for the PBSO Headquarters Renewal and Replacement  (PBSO HQ R/R) project from $32,702,000 to $41,102,000;

 

B) a budget transfer of $8,400,000 within the Infrastructure Sales Tax fund from IST reserves to increase the budget for the PBSO HQ R/R project;

 

C) Amendment No. 3 to the construction management (CM) contract with Kast Construction Company LLC in the amount of $33,653,791 for the PBSO HQ Renewal, Replacement and Renovation project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 791 days from notice to proceed or until the project is complete; and

 

D) Consultant Services Authorization (CSA) No. 5 to the professional services contract (R2017-0594) with Leo A. Daly Company to provide construction administration phase services for the PBSO HQ R/R project in the amount of $452,197.00.

 

SUMMARY:  Original construction of the PBSO HQ was completed in 1983 followed by a major expansion (commonly referred to as the building’s wrap-around) in the 1990s. The existing structure accounts for approximately 200,000 square feet of office, warehouse and specialized support space, housing multiple PBSO administrative and operational departments accounting for over 500 employees. The wrap-around completed in the 1990s provided for the expansion of the building’s footprint based on an Exterior Insulation and Finish System (EIFS) construction approach.  Planning efforts for the PBSO HQ R/R project were initiated in 2011 and at that time the scope was minor, mostly centered on space reconfigurations.  In 2014, Wantman Group, Inc. (WGI) completed a structural assessment of the PBSO HQ building which concluded that the existing exterior walls (the previously referenced EIFS) did not provide adequate protection against hurricane force winds. In 2016, the project’s approach was redefined and Leo A. Daly Company was retained, through a contract issued under the authority of the Facilities Development and Operations (FDO) Director, to provide architectural/engineering design services in the development of a master plan for the PBSO HQ R/R project. In 2017, the Board approved contract R2017-0594 with Leo A. Daly Company for the provision of architectural/engineering services for the design of the PBSO HQ R/R project. On November 15, 2016, the FDO Director, under its authority, approved a CM contract with Kast Construction Company LLC for construction management services for the PBSO HQ R/R project. On March 10, 2020, the Board assigned an R number to the contract with Kast Construction Company LLC dated November 15, 2016 (R2020-0249.1) and granted the request to allow all subsequent authorizations issued under the agreement to follow the approval authority of Board-approved contracts over $200,000 as established in policy and procedural manual (PPM) CW-F-050. On March 10, 2020, the Board approved Amendment No. 1 (R2020-0249) to the contract with Kast Construction Company LLC authorizing exterior hardening services, but said amendment was terminated for convenience shortly thereafter. The termination served the best interests, health, safety and welfare of the County and its Citizens due to the need to have the PBSO HQ site available as the County’s response center during the COVID-19 emergency. On July 7, 2020, the Board approved Amendment No. 2 (R2020-0776) to the contract with Kast Construction Company LLC, authorizing communication and low voltage services required to provide connectivity between the newly constructed PBSO Forensics  Sciences and Tech Facility (aka PBSO Evidence Building) and the existing PBSO HQ facility.

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

17.       SUMMARY: (Cont’d)

 

All work related to Amendment No. 2 has been completed. Amendment No. 3 to the contract with Kast Construction Company LLC consists of interior and exterior work including, but not limited to, hardening the existing exterior wall and window systems including new wall cladding to be installed for hurricane protection; adding new reinforced concrete exterior walls; replacement of the existing roofing system; replacement and upgrades to the HVAC system; renovation of the fire suppression and lighting systems;  and renovations to the interior of all three levels of the facility to accommodate additional offices, workstations and conference spaces. Implementation of the work included in Amendment No. 3 will result in a weather-tight, hurricane-hardened building with a more efficient interior layout providing, as a result, a better work environment for the varying PBSO departments occupying the building. The approved project plan for the PBSO HQ R/R project under the Infrastructure Sales Tax provides for a capital appropriation of $32,702,000. A budget transfer of $8,400,000 within the Infrastructure Sales Tax fund from the Reserves fund is necessary to increase the capital appropriation for the project and fund Amendment No. 3 along with project contingency, permitting fees and additional consultant services needed during the construction phase. On February 18, 2021, the required type 3 transfer request was presented to the Infrastructure Sales Tax Independent Citizen Oversight Committee (Committee), as the Committee’s procedures require the approval of type 3 transfers by the Committee prior to presentation to the Board of County Commissioners. Under current law, and notwithstanding the additional challenges resulting from the COVID19 pandemic, the Committee is required to attain a quorum based on in-person attendance. During the February 18, 2021 Committee meeting there were four Committee members physically present and six Committee members that participated through communications media technology (i.e. virtually). Therefore, the required quorum was not attained and voting on items presented to the Committee could not proceed. A similar challenge was encountered during the November 2020 Committee meeting. All ten Committee members that participated in the February 18, 2021 meeting indicated having no reservations for approval of the transfer request had voting been feasible.  Based on what precedes and in consideration of the detrimental impact that further delaying implementation would have on the project schedule, Staff is recommending approval of the transfer without a recommendation from the Committee. The CM contract with Kast Construction Company LLC was awarded pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity (EBO) Ordinance. Kast Construction Company LLC is not an SBE, but has partnered with All-Site Construction, Inc., an SBE CM. In September 2020, prior to subcontractor advertisement and bidding, the Goal Setting Committee applied an Affirmative Procurement Initiative to the construction subcontracts of 25% SBE participation, of which 5% must be a Minority Business Enterprise (MBE) African American or Hispanic American. SBE participation on this Amendment is 41.34% of which 7.64% is MBE participation (2.69% African American and 4.95% Hispanic American). To date, Kast Construction Company LLC has achieved 34.29% SBE subcontracting participation overall. Kast Construction Company LLC is a Palm Beach County business. Consultant Services Authorization No. 5 to the contract with Leo A. Daly Company authorizes construction administration services to ensure renovations conform to specifications and drawings. The professional services contract with Leo A. Daly Company was awarded under the prior SBE Ordinance, and the SBE participation goal is 15%. Leo A. Daly Company is not a SBE, but is a local business. Leo A. Daly Company committed to 17.5% SBE participation for this CSA. To date, the Small/Minority/Women Owned Business Enterprise participation for consultant services authorizations issued under this design contract is 26.5%. The funding source for this project is from the Infrastructure Sales Tax fund. (Capital Improvements Division) Countywide/District 2 (MWJ)

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to:

 

A) receive and file Standard Form SF-424 for the Fiscal Year 2020-2021 Community Development Block Grant Program (CDBG) funds reduced from $6,689,932 to $6,688,912;

 

B) receive and file the CDBG Grant Agreement with the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2020-2021 funds reduced from $6,689,932 to $6,688,912;

 

C) receive and file Standard Form SF-424 and Certification for the Fiscal Year 2020-2021 HOME Investment Partnership Program (HOME) funds reduced from $2,391,052 to $2,390,533;

 

D) receive and file the HOME Grant Agreement with HUD for Fiscal Year 2020-2021 funds reduced  from $2,391,052 to $2,390,533;

 

E) approve a budget amendment of $1,020 in the Housing and Community Developments Fund to align the budget with the grant award; and

 

F) approve a budget amendment of $519 in the HOME Investment Partnership Fund to align the budget with the grant award.

 

SUMMARY: The SF 424s and grant agreements were executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Sustainability (DHES) in accordance with R2020-0926 as approved by the BCC on July 14, 2020.  The submission of Standard Form SF-424 is required by U.S. Department of Housing and Urban Development (HUD) to complete the County’s submission for the receipt of Federal CDBG and HOME funds.  The grant agreements constitute the County’s Contracts with HUD for $6,688,912 CDBG and $2,390,533 HOME.  On February 18, 2020, HUD advised the County of allocations of $6,689,932 CDBG and $2,391,052 HOME, but then on October 22, 2020, advised that the allocations would be reduced by $1,020 and $519 respectively. In accordance with County PPM CW-O-051, all contracts, agreements and grants signed by delegated authority must be submitted by the initiating Department as a receive and file agenda item. The budget amendments are necessary to adjust the current budget to the authorized funding levels. CDBG funds require no local match. The HOME required local match ($507,988) will be provided from the State Housing Initiatives Partnership Program. Countywide (HJF)

 

2.         Staff recommends motion to receive and file: Amendment 006 to Subgrant Agreement (R2015-0745) with the City of South Bay for a project funded under the U.S. Environmental Protection Agency (EPA) Revolving Loan Fund (RLF) program. SUMMARY: This document has been executed on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and Economic Sustainability in accordance with Agenda Item 3I-10 as approved by the BCC on October 16, 2012. Amendment 006 to Subgrant Agreement (R2015-0745) with the City of South Bay provides 12 additional months for the completion of site cleanup and monitoring as established by the Florida Department of Environmental Protection, and provides an additional $86,032 in EPA RLF subgrant funds, bringing the total allocation for this project to $436,032. The subject site is located at 480 U.S. Highway 27 North in South Bay and will be redeveloped for commercial use. 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. EPA funds require a 20% local match to be provided by the City of South Bay. Districts 6 (HJF)

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to execute: a “Certification By State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan” for the Pahokee Housing Authority in connection with their Fiscal Year 2021 Annual Plan. SUMMARY: The Pahokee Housing Authority is preparing its Annual PHA Plans for the Fiscal Year beginning October 1, 2021.  The Plan is due to the Department of Housing and Urban Development (HUD) on April 16, 2021.  HUD requires the County to confirm that the plan and programs outlined in the Pahokee Housing Authority’s Annual Plan are consistent with those set forth in the County’s HUD Consolidated Plan.  Confirmation of this consistency is documented through a “Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan.” The Department of Housing and Economic Sustainability has reviewed the Pahokee Housing Authority’s draft Annual PHA Plan Summary and determined that the goals, objectives and plans outlined therein are consistent with those outlined in the Palm Beach County Fiscal Year 2020-2024 HUD Consolidated Plan.  Some specific goals outlined in the Pahokee Housing Authority’s Plan which are consistent with the goals set forth in the County’s Consolidated Plan, expand the supply of affordable housing; increase assisted housing choice options; provide an improved living environment; promote self-sufficiency and development of individuals and families; and, ensure equal opportunity and affirmatively further fair housing. District 6 (HJF)

 

4.         Staff recommends motion to receive and file: an amendment to the Cooperative Agreement (R2014-0058) with the U.S. Environmental Protection Agency (EPA), providing for a time extension from September 30, 2020 to September 30, 2022. SUMMARY: On January 14, 2014, the County entered into a Cooperative Agreement (R2014-0058) with EPA, as amended, to receive $1,400,000 to capitalize and establish the County’s Brownfields Revolving Loan Fund (BRLF) Program with an initial performance period of five years. The BRLF Program offers financial assistance to qualified borrowers and subgrantees to cleanup properties that have been designated as Brownfields.  This amendment provides 24 additional months to the BRLF Program period from September 30, 2020 to September 30, 2022, to allow time to complete goals in the BRLF work plan. These EPA funds require a 20% local match to be provided by subgrantees and borrowers. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

I.          HOUSING AND ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to receive and file: two amendments to agreements for projects funded under the CARES Act for the Housing Counseling Program, as follows:

 

A) Amendment 1 to the CARES Act Program Agreement (R2020-1361) with Credit Card Management Services, Inc.; and

 

B) Amendment 1 to the CARES Act Program Agreement (R2020-1363) with Housing Foundation of America, Inc.

 

SUMMARY: The aforementioned amendments have been executed on behalf of the Board of County Commissioners (BCC) by Kathleen M. Scarlett, Director of Purchasing, in accordance with PPM CW-L-049 (Requirements for Procurements of Non-Construction Related Goods and Services Purchased or Reimbursed with Federal Funds).  In accordance with Agenda Item 3I-1, dated September 15, 2020, the BCC authorized the allocation of CARES Act Program funds to no more than eight certified housing counseling agencies to provide housing counseling assistance to homeowners and renters impacted by COVID-19.  Each of the agreements were in an amount not to exceed $40,000. Credit Card Management Services, Inc. and Housing Foundation of America, Inc. provided housing counseling services that exceeded their $40,000 allocation due to the increased demand for services.  These Amendments increase the participant’s allocation by $10,000.00. There will be no fiscal impact due to the additional funding being derived from surplus funds remaining in the project account as a result of the other program participants not utilizing their entire allocation. 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.  CARES Act funds do not require a local match. Countywide (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to:

 

A) approve an Interlocal Agreement with the Westgate Community Redevelopment Agency (CRA) relating to Utility Construction;

 

B) authorize the County Administrator or designee to execute a letter amendment to the Interlocal Agreement to increase the share of CRA costs in Phase 1 and Phase 2 of the Belvedere Heights Water Main Replacement Project (Project);

 

C) authorize the County Administrator or designee to execute a Memorandum of Phase 2 costs to incorporate Phase 2 project costs into the Interlocal Agreement;

 

D) approve Emergency Procurement for the Project; and

 

E) approve Work Authorization (WA) No. 6 to the 2019 Pipeline Continuing Construction Contract (Continuing Contract) with Centerline Utilities, Inc. (Centerline) for Phase 1 of Project in the amount of $1,856,052.41.

 

SUMMARY: On July 14, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-0862) with Centerline. WA No. 6 provides for the installation of approximately 4,000 linear feet of 8-inch water main, associated fire hydrants, water services, and 4,100 linear feet of 18-inch drainage pipe within the Belvedere Heights residential community located in West Palm Beach. The majority of the work under WA No. 6 was not contained within the bid line items for the Continuing Contract and is greater than the allowance for non-bid items, therefore requiring re-bidding the work or an emergency procurement. The procurement must be an emergency procurement since the delay incident in re-bidding the work would be detrimental to the interests of the County by: a) causing the sidewalk and lighting improvement project within Belvedere Heights not to be started on time and therefore, lose their grant funding, b) delaying drainage improvements needed to alleviate flooding risks, and/or c) significantly increasing restoration costs and traffic interruptions due to the water main improvements being installed separately from the drainage improvements. The County and the CRA have both reviewed the value of the work contained in the bid line items in the Continuing Contract and have satisfied themselves that the prices for the work not in bid line items are reasonable and competitive. Per the Interlocal Agreement with the CRA, PBCWUD will be responsible for the costs associated with the water main improvements, and the CRA will be responsible for the costs associated with the drainage improvements. Upon completion of the Project, the water main facilities will be owned, operated, and maintained by PBCWUD, and the drainage facilities will be owned, operated, and maintained by the CRA. The Continuing 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 Continuing Contract provides for 20.05% SBE participation, which includes 10.29% MBE participation, 6.51 MBE (H) and 3.78% MBE (B).  WA No. 6 includes 20.44% SBE participation which includes 7.27% MBE participation, 7.27% MBE (H). The cumulative SBE participation including WA No. 6 is 20.75% SBE, which includes 9.70% MBE (H).  Centerline is headquartered in Palm City, Florida, but maintains an office in Palm Beach County from which the majority of the work under WA No. 6 will be undertaken. The Project is included in the PBCWUD FY21 budget. (PBCWUD Project No. 19-086) District 2 (MJ)

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: a Partial Release of Utility Easement for that easement recorded in the Official Records of Palm Beach County, ORB 14578 Page 1895. 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, reclaimed water and wastewater facilities. As a result of site development for Aldi (Florida) L.L.C., 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, reclaimed water and wastewater facilities and therefore recommends approval of the release. District 6 (MJ)

 

3.         Staff recommends motion to approve: Amendment No. 4 to the contract with Aquifer Maintenance and Performance Systems, Inc., (AMPS) for System-Wide Wellfield Maintenance for Palm Beach County Water Utilities Department (PBCWUD) to renew the Contract for an additional 12-month period and to increase the Contract amount by $300,000 to $2,289,076. SUMMARY: On March 14, 2017, the Board of County Commissioners approved the contract (R2017-0315) with AMPS in the amount of $1,189,076.  On January 23, 2018, Amendment No. 1 (R2018-0075) to the contract renewed the contract for an additional 12-month period. On February 5, 2019, Amendment No. 2 (R2019-0217) to the contract renewed the contract for an additional 12-month period and increased the contract price by $500,000 to $1,689,076. On March 17, 2020, Amendment No. 3 (R2020-0317) to the contract renewed the contract for an additional 12-month period and increased the contract price by $300,000 to $1,989,076. PBCWUD has undertaken a total of $1,600,976.65 of authorized maintenance work under the contract through December 31, 2020. Historically, PBCWUD has spent approximately $400,000 annually to maintain the existing wellfields. An increase of $300,000 is required for the continuation of maintenance which shall include replacement of associated pumps and motors reaching the end of life expectancy. The requested amount shall increase contract funding to $2,289,076. The proposed 12-month renewal and increase of funds will allow for the continuation of system-wide wellfield maintenance to maintain adequate raw water supply to PBCWUD’s water treatment plants. The renewal of the Contract does not guarantee nor authorize any work.  Work will be assigned during the 12-month renewal period by formal Construction Delivery Orders (KDO) drawn against the contract with the project cost identified on each KDO.  The unit prices contained in the contract will be used in determining the cost of the KDOs. This contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity (EBO) Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 Ordinance was 15% overall participation.  PBCWUD staff coordinated with the Office of Equal Business Opportunity to confirm that the proposed renewal was consistent with the principles of the EBO Ordinance.  The contract provides for 0% SBE participation, however, AMPS has since been certified as an SBE for the provision of well services, including drilling, plugging, consulting, maintenance and repair. AMPS is a Palm Beach County based company. (PBCWUD Project No. 16-001/VMG) Countywide (MJ)

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to approve: a Subordination of County Utility Interests to the State of Florida Department of Transportation (FDOT).  The Subordination of Utility Easements includes a portion of the following easements recorded in the Official Records of Palm Beach County, ORB 13087, Page 756; ORB 13494, Page 916; ORB 15652, Page 1666 and ORB 15748, Page 1722. SUMMARY: The FDOT has an interest in a portion of the utility easements recorded in the Official Records of Palm Beach County as noted above that have been determined necessary for highway purposes. The proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the County to FDOT.  FDOT has committed to pay to have the County’s facilities relocated in the future if necessary.  The Palm Beach County Water Utilities Department (PBCWUD) has determined that the subordination of utility interests will not affect any existing public utility facilities and therefore recommends the subordination. District 2 (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) receive and file Florida Inland Navigation District (FIND) Project Agreement No. PB-20-211 (Agreement) executed November 30, 2020, by FIND, for $701,700 for the Sawfish Island Restoration Project within the Town of Jupiter, expiring September 30, 2022; and

 

B) approve a budget amendment in the Manatee Fund for $701,700 to recognize the revenue from the FIND Agreement No. PB-20-211.

 

SUMMARY: On May 5, 2020, the Board of County Commissioners authorized the County Administrator or designee to execute the FIND Waterways Assistance Program (WAP) Project Agreement (R2020-0474) for $701,700. The agreement provides that each party shall be liable for its own actions, but does not contain language indicating that each party shall indemnify, defend and hold harmless the other party against any actions, claims or damages arising out of the other party’s negligence. This FIND grant covers approximately 48.35% of the estimated project costs. Remaining funds of $749,595 will come from the Manatee Protection Fund. District 1 (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: 

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners on April 4, 2017; and 

 

B) a budget transfer of $235,000 within the IST Fund to re-allocate $135,000 from Duncan Padgett Park Racquetball Court Replacement and $100,000 from Sports Lighting Replacement Countywide FY20 to Duncan Padgett Park Picnic Area Improvements Project.

 

SUMMARY:  The racquetball courts are under-utilized at the Duncan Padgett Park and it would be more beneficial to the community to construct a picnic pavilion and associated amenities.  Project elements would include construction of a large picnic pavilion with tables, grills, new sidewalk, landscaping, lighting, drainage and parking.  The Department is requesting that $235,000 in IST funding allocated to replace the racquetball courts and associated lighting be moved into a new project entitled, Duncan Padgett Park Picnic Area Improvements.  On February 18, 2021, the required type 3 transfer request was presented to the Infrastructure Sales Tax Independent Citizen Oversight Committee (Committee), as the Committee’s procedures require the approval of type 3 transfers by the Committee prior to presentation to the Board of County Commissioners. Under current law, and notwithstanding the additional challenges resulting from the COVID19 pandemic, the Committee is required to attain a quorum based on in-person attendance. During the February 18, 2021 Committee meeting, there were four Committee members physically present and six Committee members that participated through communications media technology (i.e. virtually).   Therefore, the required quorum was not attained and voting on items presented to the Committee could not proceed. A similar challenge was encountered during the November 2020 Committee meeting. All ten Committee members that participated in the February 18, 2021 meeting indicated having no reservations for approval of the transfer request had voting been feasible. Based on what precedes and in consideration of the detrimental impact that further delaying implementation would have on the project schedule, Staff is recommending approval of the transfer without a recommendation from the Committee. This project is funded through the infrastructure sales tax. District 6 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to approve: 

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners on April 4, 2017; and 

 

B) a budget transfer of $100,000 within the IST Fund from IST Departmental Reserves to the Glades Pioneer Park Asphalt Repair and Expansion Project.

 

SUMMARY: The purpose of this transfer is to establish funding for a new project entitled Glades Pioneer Park Asphalt Repair and Expansion. The project scope includes 12,920 square yards of new asphalt overlay of the parking areas and service/pedestrian roads servicing the baseball fields and expansion of the east service/pedestrian road. The Department has received Community Development Block Grant funding in the amount of $140,000 for this project. However, the estimated expenses are expected to exceed the available budgeted amount by $100,000. This request is to transfer $100,000 from IST Departmental Reserves to cover the current shortfall.  On February 18, 2021, the required type 3 transfer request was presented to the Infrastructure Sales Tax Independent Citizen Oversight Committee (Committee), as the Committee’s procedures require the approval of type 3 transfers by the Committee prior to presentation to the Board of County Commissioners.  Under current law, and notwithstanding the additional challenges resulting from the COVID19 pandemic, the Committee is required to attain a quorum based on in-person attendance. During the February 18, 2021 Committee meeting, there were four Committee members physically present and six Committee members that participated through communications media technology (i.e. virtually). Therefore, the required quorum was not attained and voting on items presented to the Committee could not proceed. A similar challenge was encountered during the November 2020 Committee meeting. All ten Committee members that participated in the February 18, 2021 meeting indicated having no reservations for approval of the transfer request had voting been feasible.  Based on what precedes and in consideration of the detrimental impact that further delaying implementation would have on the project schedule, Staff is recommending approval of the transfer without a recommendation from the Committee. This project is funded through the infrastructure sales tax. District 6 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

3.         Staff recommends motion to approve: 

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners on April 4, 2017; and 

 

B) a budget transfer of $210,000 within the IST Fund from IST Departmental Reserves to the Glades Pioneer Park Athletic Field Renovation Project.

 

SUMMARY:  The purpose of this transfer is to allow for the design of a synthetic turf field at Glades Pioneer Park to occur concurrently with the design of other active synthetic turf projects identified in the Infrastructure Sales Tax Project Plan. The park currently has two fields; however, the other synthetic turf field was already completed as part of grant funded project through the Orange Bowl. Design and construction of the subject synthetic turf field at Glades Pioneer Park is scheduled to be funded in FY 2023 in the amount of $2,000,000. The Parks and Recreation Department wishes to transfer sufficient funds from the Departmental Reserves to advance the design portion of the project to FY 2021 to achieve cost savings through use of the consultant and subcontractors that are already in the process of designing the other synthetic turf fields included in the Plan, as well as to retain future consistency in the timing of synthetic field renewals/replacements countywide. The Glades Pioneer Park Athletic Field Renovation was the only synthetic turf project to not have funding established prior to FY 2023. On February 18, 2021, the required type 2 transfer request was presented to the Infrastructure Sales Tax Independent Citizen Oversight Committee (Committee), as the Committee’s procedures require the approval of type 2 transfers by the Committee prior to presentation to the Board of County Commissioners.  Under current law, and notwithstanding the additional challenges resulting from the COVID19 pandemic, the Committee is required to attain a quorum based on in-person attendance. During the February 18, 2021 Committee meeting, there were four Committee members physically present and six Committee members that participated through communications media technology (i.e. virtually). Therefore, the required quorum was not attained and voting on items presented to the Committee could not proceed. A similar challenge was encountered during the November 2020 Committee meeting. All ten Committee members that participated in the February 18, 2021 meeting indicated having no reservations for approval of the transfer request had voting been feasible.  Based on what precedes and in consideration of the detrimental impact that further delaying implementation would have on the project schedule, Staff is recommending approval of the transfer without a recommendation from the Committee. This project is funded through the infrastructure sales tax. District 6 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

M.        PARKS & RECREATION (Cont’d)

 

4.         Staff recommends motion to approve: 

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners on April 4, 2017; and 

 

B)  a budget transfer of $146,670 within the IST Fund to re-allocate $146,670 from the Sunset Cove Amphitheater Sound System Replacement Project to the Sunset Cove Amphitheater Stage Renovations Project.

 

SUMMARY: The Sunset Cove Amphitheater sound system was scheduled to be replaced in FY 2017. After a thorough review of the existing sound system, it was determined that it is still in good working condition and does not need to be replaced.  However, the stage lighting and some associated stage equipment are in need of removal or replacement. The Department is requesting that the $146,670 currently allocated for the Sunset Cove Amphitheater Sound System Replacement Project be moved to a new project entitled, Sunset Cove Amphitheater Stage Renovations. On February 18, 2021, the required type 3 transfer request was presented to the Infrastructure Sales Tax Independent Citizen Oversight Committee (Committee), as the Committee’s procedures require the approval of type 3 transfers by the Committee prior to presentation to the Board of County Commissioners.  Under current law, and notwithstanding the additional challenges resulting from the COVID19 pandemic, the Committee is required to attain a quorum based on in-person attendance. During the February 18, 2021 Committee meeting, there were four Committee members physically present and six Committee members that participated through communications media technology (i.e. virtually). Therefore, the required quorum was not attained and voting on items presented to the Committee could not proceed. A similar challenge was encountered during the November 2020 Committee meeting. All ten Committee members that participated in the February 18, 2021 meeting indicated having no reservations for approval of the transfer request had voting been feasible.  Based on what precedes and in consideration of the detrimental impact that further delaying implementation would have on the project schedule, Staff is recommending approval of the transfer without a recommendation from the Committee. This project is funded through the infrastructure sales tax. District 5 (AH)

 

           

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to approve: the Palm Beach County Economic Council nomination of Matt Pawlowski as a private sector member to the Criminal Justice Commission for the period February 24, 2021 to December 31, 2023.

 

Appoint                        Seat No.                    Term to Expire                 Nominated By:

Mr. Matt Pawlowski            25                           12/31/23                            Economic Council

 

SUMMARY: The Criminal Justice Commission is comprised of 32 members including elected officials and representatives from the private and public sectors. Eleven private sector members are nominated for three-year terms by the Economic Council of Palm Beach County, Inc. (Council), and appointed by the Board of County Commissioners (Board). One private sector member representing the clergy is nominated for a three-year term by a variety of clergy associations in the County representing a broad-range of faiths and appointed by the Board. The Council nominated Matt Pawlowski for his first term. The Board has 32 seats; 31 seats currently filled and a diversity count of, Caucasian:  22 (71%), African-American: 8 (26%), and Hispanic: 1 (3%).  The gender ratio (female: male) is 13:18. The nominee is a Caucasian male. Countywide (JW)

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

S.        FIRE RESCUE

 

1.         Staff recommends motion to approve:  a first amendment to a tri-party Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services with the City of Palm Beach Gardens and the Village of North Palm Beach, adding ISO training opportunities. The first amendment will take effect March 9, 2021 and extend the term of the Agreement until September 30, 2031. SUMMARY:  In 2016, the parties entered into a ten-year tri-party agreement (R2016-0114) that provides for Fire Rescue dispatch services by the County and fire-rescue mutual assistance between the parties, as well as automatic aid/closest unit response arrangements in accordance with any letters of understanding developed by the respective Fire Chiefs. This first amendment provides for ISO training opportunities among the parties and extends the term of the Agreement until September 30, 2031. Neither party will request a release, indemnification or assumption of risk from another party’s on-duty personnel who are attending said ISO training as part of their official duties with their employing party. District 1 (SB)

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) approve the first amendment to Interlocal Agreement to provide network services to the Police Department building, which is an addition to current services, with the Town of Lantana; and

 

B) approve a budget amendment of $13,835 in the General Fund to allocate funds and recognize revenue related to one-time installation costs.

 

SUMMARY: The Town of Lantana has an existing Interlocal Agreement with Palm Beach County (R2019-1797) for network services and has requested an additional location for bandwidth services at its Police Department building. This first amended agreement which includes increased services to the Town of Lantana will generate an increase in annual income of $600 to the County and will fully reimburse the County for one-time installation costs to provide cabling required for the new network service estimated at $13,835.  The Florida LambdaRail, LLC has approved connection of the Town of Lantana to the Florida LambdaRail network.  Districts 4 & 7 (DB)

 

 

            X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: the third amendment to contract for Professional Services with Phamatech, Inc. (R2018-1520) for the period of October 2, 2018 through September 30, 2021 to provide drug-testing services to all participants referred by the Adult, Delinquency, and Family Drug Courts. SUMMARY: This amendment allows for the expansion of types of drug screens and confirmations that can be requested by the drug court programs to help identify and assess the treatment needs of drug court participants. The third amendment includes the addition of an eight panel screen which includes heroin plus Fentanyl and expanded Adulteration Screen (Creatinine, pH and Nitrites) bringing the unit rate from $16.50 to $17.25 per unit, and upon request, expanded Fentanyl confirmation panel at $25 per unit, Kratom screening at $5 per unit, and Kratom confirmation panel at $35 per unit. There is no change in the contract amount.  This amendment was executed in accordance with Agenda Item 3X-2 dated October 2, 2018 which authorized the County Administrator or designee to execute minor amendments and administrative documents associated with the above contracts, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office and within budgeted allocations. Countywide (SF)

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to:

 

A) approve a Cost-Reimbursement Agreement with the Florida Division of Emergency Management for costs associated with the Emergency Management Accreditation (EMAP) Application Fee, EMAP On-Site Assessment Fee, and the EMAP Accreditation Fee;  

 

B) authorize the County Administrator or designee to execute and approve amendments with FDEM for the above mentioned services; and  

 

C) approve a budget amendment of $28,500 in the Emergency Management Grant Fund to recognize the cost-reimbursement agreement. 

 

SUMMARY: The Palm Beach County Division of Emergency Management (DEM) received their EMAP Accreditation on October 17, 2016. The accredited status is valid for five years, after which time DEM can reapply for consecutive accreditation. This agreement provides for the establishment of cost reimbursement of fees associated with the consecutive accreditation of a county emergency management program. The EMAP fees are currently estimated to be between $19,500 and $28,500, subject to the actual invoice from EMAP. Disbursement of funds under this agreement is contingent upon DEM working towards or receiving EMAP accreditation. Countywide (LDC)

 

 

            Z.         RISK MANAGEMENT

 

1.         Staff recommends motion to approve: renewal of the excess property, excess liability, excess workers’ compensation insurance programs, and ancillary policies for the period April 1, 2021 through March 31, 2022 purchased under Contract No. 15-050/LJ through the County’s contracted broker, Arthur J. Gallagher Risk Management Services, Inc., at a total cost not-to-exceed $12,752,915. SUMMARY: The projected 2021-2022 excess insurance program renewal premiums reflect a total not-to-exceed cost of $12,752,915, which is a 12.3% increase over the expiring premium. While the County’s loss experience has decreased, the insurance industry has experienced numerous catastrophic events resulting in substantial losses. As a result, rate increases are being assessed throughout the industry.  Some increases are as high as 15% to 20% but the County has managed to stay below that threshold due to aggressive mitigation efforts and a favorable claims experience. These increases are most notable in our property premiums as well as our cyber liability coverage where several carriers have left the market and global losses continue to increase dramatically. All estimated premiums represent the worse-case scenario and the contracted broker will continue to negotiate with excess carriers until the April 1st renewal date. The County’s total insurable property value currently stands at $2.6 billion. Coverage limits contemplate probable maximum loss estimates using various modeling scenarios and include a $1 million self-insured retention with a 4% windstorm deductible per insured location. The program also includes $5 million of excess liability insurance and excess workers’ compensation insurance covering all costs in excess of $2 million per occurrence. All state-mandated surcharges and assessments are included within the estimated cost.  Sufficient funds are budgeted for this coverage. Countywide (HH)

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve:

 

A) an agreement between Palm Tran and Trapeze Group for EZ-Wallet software in the amount of $247,703;

 

B) an agreement between Palm Tran and Trapeze Group for OPS-Web Bidding software in the amount of $24,288; and

 

C) an agreement between Palm Tran and Trapeze Group for PASS-IVR (Interactive Voice Response) software in the amount of $25,000.

 

SUMMARY: Palm Tran is seeking approval to enter into three sole-source agreements with Trapeze Group for software and services. These agreements will expand the functionality and features of products that Palm Tran currently licenses for both its Paratransit and Fixed Route operations. The first agreement is for “EZ-Wallet”, which will allow for both cashless and contactless payment when customers board Palm Tran. The second agreement is for OPS-Web Bidding software that will automate the work bid process for Fixed Route Operations. The third agreement provides a software upgrade to the PASS-IVR, which is Palm Tran’s automated communications system. These agreements are vital enhancements to prevent, prepare for, and respond to the COVID-19 Pandemic, thus Palm Tran will utilize federal funding through the CARES Act. These agreements are not subject to Federal Disadvantaged Business Enterprise requirements as they are sole sourced and Trapeze will not be utilizing subcontractors to provide the services. The indemnification provisions of all three contracts differ from the usual indemnification of the County by other contractors.  Indemnification of the County by this vendor is limited to 1.5 times the amount of each contract. In addition, Trapeze Group’s liability for injury to persons or damage to tangible property is limited to instances of negligence or misconduct by the Contractor, meaning that the County is indemnified to a lesser degree by this Contractor than in other County contracts.  Given the increased legal risks presented by these indemnification provisions, the Risk Management Department and County Attorney’s Office recommended that Palm Tran present these contracts directly for approval by this Board. Countywide (MM)

 

2.         Staff recommends motion to:

 

A) approve the Fiscal Year 2021 Certifications and Assurances (C&A) to the Federal Transit Administration (FTA); and

 

B)  authorize the County Administrator or designee to electronically execute and file the required Certifications and Assurances on behalf of the Board of County Commissioners (BCC) and to bind the BCC’s compliance with the Certifications and Assurances; and

 

C) approve the FTA Master Agreement FTA MA (28) dated February 9, 2021.

 

SUMMARY: On January 15, 2021, the FTA released the FY2021 list of Certifications and Assurances.  The annual list covers 21 categories; such as Lobbying, Alcohol and Controlled Substances Testing, Seniors and Individuals with Disabilities Programs, Non-Discrimination, DBEs and Hiring Preferences. FTA requires grantees to submit Certifications and Assurances within 90 days of publication to signify the County’s commitment to comply with requirements applicable to any award the County pursues during FY2021. The FTA also requires an affirmation from the applicant's attorney that the applicant has authority to make and comply with the Assurances.  The FTA Master Agreement (FTA MA (28)) contains the standard terms and conditions that apply to projects financed with funds awarded by the FTA in FY2021.  Approval of the FTA MA (28) represents the County’s legal affirmation to abide by the applicable terms and conditions identified in FTA MA (28).  These documents do not allocate any funding or pledge any county funds. Countywide (MM)

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to receive and file: an Agency Affiliation Agreement with Barry University, Inc. for one year, January 1, 2021, through December 31, 2021, with three automatic one-year renewal options, for its students to complete planned and supervised clinical experiences required for a Master’s or Doctoral degree, at various Youth Services Department facilities, with no additional cost to the County. SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division continues to be an authorized counselor training facility for many state colleges and universities offering degrees in graduate programs of psychology, social work or other related fields of educational study. Master’s/Doctoral Degree programs require field education experience to meet degree and licensing requirements. The County will continue to offer its services and programs as a means for students to obtain the necessary training and experience to earn their respective degree. There are no costs associated with this Agreement. On January 10, 2017, Agenda Item 3BB-1 authorized the County Administrator or designee to execute future Agreements, or amendments with the University, for clinical experiences on behalf of the Board of County Commissioners. Countywide (HH)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office an Agreement Between the State of Florida, Office of the Attorney General and the Palm Beach County Sheriff’s Office for a Victim of Crime Act (VOCA) award in the amount of $149,271 for the period October 1, 2020 through September 30, 2021; and

 

B) approve a budget amendment of $149,271 in the Sheriff’s Grants Fund.

 

SUMMARY: On October 1, 2020, the Palm Beach County Sheriff’s Office (PBSO) received a VOCA grant. These funds will be used to continue funding the two victim advocate positions to concentrate on the domestic violence, human trafficking, and violent crime victim population in Palm Beach County. Both positions will coordinate services with PBSO officers, the County’s Victim Services Programs, and other municipal agencies to offer crisis intervention, lethality assessments, safety plans, and case management services. The PBSO will provide the required cash match in the amount of $40,887 through its approved operating budget. An increase in funding from the County may be requested through our annual budget process once the grant ends. The OAG Catalog of Federal Domestic Assistance (CFDA) Number for this program is 16.575 and OAG grant number VOCA-2020-Palm Beach County Sheriff-00745. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a Department of Justice, Office of Justice Programs FY2020 Law Enforcement Victim Specialist grant award in the amount of $825,000 for the period of October 1, 2020 through September 30, 2023; and

 

B) approve a budget amendment of $825,000 in the Sheriff’s Grants Fund.

 

SUMMARY:  On October 1, 2020, the Palm Beach County Sheriff’s Office (PBSO) received a federal grant award in the amount of $825,000 to create a Palm Beach County Victims of Violent Crime Advocacy Collaborative and corresponding comprehensive implementation strategy which will include developing a trauma informed, victim centered advocacy collaborative assistance program within the Violent Crimes Division of PBSO that connects direct and indirect victims of violent crime to coordinated, community based services. Funding will be used to support the hire of two full time victim advocates, contractual services, training, supplies, and community awareness. An increase in funding from the County may be requested through our annual budget process once the grant ends to support the two newly added positions. There is no match requirement associated with this award. The OAG Catalog of Federal Domestic Assistance (CFDA) Number for this program is 16.582. The Contract number is 2020-V3-GX-0017. Countywide (LDC)

 

3.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office a FY 2020 DNA Capacity Enhancement and Backlog Reduction Program Grant from the Department of Justice, Bureau of Justice Assistance in the amount of $330,087 for the period October 1, 2020, through December 31, 2022; and

 

B) approve a budget amendment of $330,087 in the Sheriff’s Grants Fund.

 

SUMMARY:  The Palm Beach County Sheriff’s Office (PBSO) received an award for the DNA Capacity Enhancement and Backlog Reduction Program in the amount of $330,087 for the period October 1, 2020 through December 31, 2022. The Forensic Biology Unit in the Crime Laboratory of PBSO services over 28 municipalities, the school systems and assists state and local federal agencies as needed. These funds will be used to continue to support the salary and benefits of two full time Forensic Scientists, training, travel, and contractual services that will increase the efficiency of the crime lab. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 16.741 and the grant number is 2020-DN-BX-0042. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

4.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Subgrant Agreement from the State of Florida Department of Transportation for the Palm Beach County Sheriff’s Office, City of Lake Worth Impaired Driving Strategy, in the amount of $75,000, for the period of December 21, 2020 through September 30, 2021; and

 

B) approve a budget amendment of $75,000, increasing the Sheriff’s Grants fund.

 

SUMMARY: On December 21, 2020, the Florida Department of Transportation awarded a grant to the Palm Beach County Sheriff’s Office in the amount of $75,000, to support an Impaired Driving Initiative in the City of Lake Worth Beach.  Funds will be used to support overtime costs associated with the Impaired Driving project.  There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) number is 20.616, the project number is M5HVE-2021-00191, and the DOT Contract number is G1T35. Countywide (LDC)

 

5.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Florida Division of Emergency Management Federally-Funded SubAward and Grant Agreement for a FY 2020 Operation Stonegarden Grant, in the amount of $352,440 for the period of January 25, 2021 through March 31, 2022; and

 

B) approve a budget amendment of $352,440 in the Sheriff’s Grants Fund.

 

SUMMARY: On January 25, 2021, the Palm Beach County Sheriff’s Office received a FY 2020 Operation Stonegarden grant award.  Funds provided will be used to enhance the United States Border Patrol’s mission to secure the Nation’s coastline through an all-threats layered integrated approach in collaboration with local and state law enforcement agencies, and Border Patrol. Specifically, grant funds will pay for overtime to reinforce our presence within local communities along the coast; and intercepting those who have illegally crossed our borders through highway interdiction and crime suppression operations. There is no match requirement associated with this award. The Catalog of Federal Domestic Assistance (CFDA) Number for this program is 97.067 and the contract number is R0235. Countywide (LDC)

 

6.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, Grant Modification Notice 1 with the U.S. Department of Homeland Security, Transportation Security Administration (TSA), to provide $21,042 in supplemental funding and to extend the contract agreement from December 31, 2020 through January 31, 2021; and

 

B) approve a budget amendment of $21,042 in the Sheriff’s Grants Fund.

 

SUMMARY: The Board of County Commissioners accepted this grant for $126,249 on August 25, 2020 (R2020-1179) to fund five Canine Teams at the Palm Beach International Airport (PBIA) through TSA’s National Explosives Detection Canine Team Program (NEDCTP) for the contract period July 1, 2020 through December 31, 2020.  Grant Modification 1 provides $21,042 in additional funding to offset the costs of the five Canine Teams at PBIA and extends the contract period through January 31, 2021. The purpose of the TSA NEDCTP Program is to provide enhanced security at the Palm Beach International Airport, to promptly respond to threats and suspected explosive devices which affect air carrier operations.  There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. The Contract number is 7OTO2020T9NNCP464. Countywide (LDC)

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

7.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, an Interlocal Agreement between the Palm Beach County Sheriff’s Office and the City of Greenacres in the amount of $10,553, for the period of September 19, 2020 through September 30, 2021; and

 

B) approve a budget amendment in the amount of $10,553 in the Sheriff’s Grant Fund.

 

SUMMARY: On September 19, 2020, the Palm Beach County Sheriff’s Office (PBSO) executed an interlocal agreement with the City of Greenacres to accept a FY2020 Justice Assistance Grant from the U.S. Department of Justice in the amount of $10,553 for the period of September 19, 2020 through September 30, 2021.  Since PBSO provides law enforcement services to the City of Greenacres, these funds will be used for a License Plate Reader camera system and computer hardware to support the implementation of a new records management system that will be compliant with the National Incident Based Reporting System. There is no cash match associated with this award. The JAG grant award # is 2020-DJ-BX-0405. The CFDA # is 16.738. Countywide (LDC)

 

8.         Staff recommends motion to approve: a budget transfer of $87,500 from the Federal Justice Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: The 2018 Guide to Equitable Sharing for State, Local and Tribal Law Enforcement Agencies (GUIDE), provides that seizing law enforcement agencies shall use Justice and Treasury Forfeiture proceeds for law enforcement purposes only.  Permissible uses include:  law enforcement operations and investigations; law enforcement training and education; law enforcement, public safety, and detention facilities; law enforcement equipment; joint law enforcement/ public safety operations; contracts for services; law enforcement travel and per diem; law enforcement awards and memorials; drug, gang and other prevention or awareness programs; matching grants; and support of community-based organizations. The transfer of Federal Justice LETF requested above will provide PBSO’s Real Time Crime Center with a Content Management System and Dashboard, enabling single-query searches across multiple, integrated data sources, simultaneously. Use of Federal Justice LETF requires approval by the Board, upon request of the Sheriff. The current Federal Justice LETF balance is $188,463. Approval of this request will reduce the Federal Justice LETF balance to $100,963. The PBSO certifies that the use of these funds is in accordance with the GUIDE. No new positions are needed and no additional County funds are required.  Countywide (DC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

9.         Staff recommends motion to approve: a budget transfer of $230,000 from the Federal Treasury Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: The 2018 Guide to Equitable Sharing for State, Local and Tribal Law Enforcement Agencies (GUIDE), provides that seizing law enforcement agencies shall use Justice and Treasury Forfeiture proceeds for law enforcement purposes only.  Permissible uses include:  law enforcement operations and investigations; law enforcement training and education; law enforcement, public safety, and detention facilities; law enforcement equipment; joint law enforcement/ public safety operations; contracts for services; law enforcement travel and per diem; law enforcement awards and memorials; drug, gang and other prevention or awareness programs; matching grants; and support of community-based organizations. The transfer of Federal Treasury LETF requested above will provide office space for PBSO staff, via lease, for six months of the current fiscal year. Use of Federal Treasury LETF requires approval by the Board, upon request of the Sheriff. The current Federal Treasury LETF balance is $360,528. Approval of this request will reduce the Federal Treasury LETF balance to $130,528. The PBSO certifies that the use of these funds is in accordance with the GUIDE. No new positions are needed and no additional County funds are required. Countywide (DC)

 

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: a fully executed Palm Beach County FY2021 Covid Recovery Grant Agreement in the amount of $25,000 managed by the Palm Beach County Sports Commission, Inc on behalf of the Palm Beach County Tourist Development Council with Match Point, Inc. for the promotion of the Delray Beach Open, held from January 4 - 13, 2021. The grant agreement was approved by the Tourist Development Council on October 15, 2020 for a term of September 4, 2020 – April 13, 2021. SUMMARY: 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. On June 7, 1994, the Board of County Commissioners adopted resolution (R94-207) authorizing the Executive Director of the Tourist Development Council to enter into grant agreements with Category G (Sports) grantees after they have been approved by the Tourist Development Council. The grant agreement produced 824 room nights and funded an event which promoted sports tourism in Palm Beach County. District 7 (LDC)

 

 

 

 

 

 

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


MARCH 9, 2021

 

 

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

 

A)        Certificate of Appreciation presented to PBSO Chief Deputy Michael Gauger

 

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

 

 

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


MARCH 9, 2021

 

 

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

 

A.        PUBLIC SAFETY

 

1.         Staff recommends motion to adopt: an ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code, Chapter 13, Article II, (Ordinance No. R.2017-030) titled the EMS Ordinance; amending Section 13-20(d) (COPCN and endorsements required); providing a savings clause; providing severability; providing inclusion in the code of laws and ordinances; providing captions; and providing for an effective date. SUMMARY: On February 2, 2021, the Board of County Commissioners approved a preliminary reading and advertise for public hearing. The Emergency Medical Services (EMS) Ordinance establishes standards for issuing Certificates of Public Convenience and Necessity (COPCN’s) which are required to provide emergency medical services in the County including the provision of Advanced Life Support (ALS) transport and Basic Life Support (BLS) inter-facility transfer services. Currently, the EMS Ordinance restricts governmental agencies from providing inter-facility transfer services; which are termed Secondary Services. The Health Care District of Palm Beach County (HCD) wants to develop their own hospital based emergency medical system and apply for a Secondary Service Provider COPCN to provide inter-facility transports of patients which would be limited to patients needing transports from Lakeside Medical Center, a public hospital in Belle Glade, to other HCD facilities and specialized treatment centers and patients needing transports to and from the JFK North Addiction Stabilization Unit operated in partnership with HCD and the County. This amendment to the EMS ordinance would allow a governmental agency operating a public hospital to provide limited inter-facility transfer services with conditions when such hospital has obtained a COPCN from the County and a license from the State. Following approval of this amendment, the HCD is eligible to apply for a Secondary COPCN; which would still come back to the Board of County Commissioners for review and approval as part of the regular Secondary COPCN solicitation process that expires June 30, 2021.  At the December 17, 2020 EMS Council meeting, the EMS Council reviewed and unanimously recommended approval of the EMS Ordinance revisions. This proposed amendment to the EMS Ordinance was presented to the League of Cities on January 20, 2021.  Countywide (LDC) 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

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

 

B.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to:

 

A) approve the application of the Provident Group – LU Properties LLC (the Borrower) for the issuance of the County's Industrial Development Revenue Bond (the Provident Group – LU Properties, LLC - Lynn University Housing Project), Series 2021 in a principal amount not to exceed $45,000,000 (the Bonds);

 

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

 

C) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida authorizing the issuance of Revenue Bonds (Provident Group – LU Properties, LLC - Lynn University Housing Project), Series 2021, in one or more series, in an aggregate principal amount not exceeding $45,000,000 for the purpose of making a loan to Provident Group – LU Properties, LLC to finance all or a portion of the design, development, construction and equipping of a student housing facility and such revenue bonds shall not constitute a debt, liability or obligation of Palm Beach County, Florida or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues therein provided.

 

SUMMARY: The Borrower has requested the issuance of the Bond to be used to finance the design, construction, equipping, and furnishing of a three-story student housing dormitory at Lynn University (LU). The proposed dormitory will provide housing to approximately 342 Lynn University students.  Lynn University is a private university located at 3601 N. Military Trail, Boca Raton, Florida, founded in 1962.  The project has a five-year estimated economic impact of $90.4 million and will create 744 direct and indirect jobs. Lynn University currently enrolls more than 3,200 students and employs 1,100 people.  The Bond shall not be deemed to constitute a debt, liability, or obligation of the County or the State of Florida, or any political subdivision thereof.  Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bonds. District 4 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

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

 

C.        OFFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to approve:

 

A) Resolution of the Board of County Commissioners of Palm Beach County, Florida approving Fiscal Year 2021 mid-year budget amendments and transfers; and

 

B) budget amendments and transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses.  The total of the adjustments is an increase of $119,845,351 in 171 funds.

 

SUMMARY: These budget amendments and transfers are necessary to adjust FY 2021 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2020. These amendments adjust the balances brought forward, various revenue, expenditure, and reserve accounts to their audited balances.  For the General Fund, this amendment results in an increased fund balance of $6,817,691.  This adjustment is a result of:

 

·                     $14,918,089 net increase in revenues, excess fees and commission refunds from Constitutional Officers and Judicial: Sheriff’s Office $6,359,039, Clerk and Comptroller $5,544,927, Supervisor of Elections $1,300,243, Tax Collector $1,035,390, Property Appraiser $243,596, Judicial $434,893;

 

·                     $5,183,417 BCC department expenditures less than originally estimated, offset by revenues also being less than originally estimated;

 

·                     $3,585,637 in transfers to other funds greater than originally estimated; and

 

·                     $9,698,178 in major and other revenues less than estimated.

 

The General Fund amendment also includes the carryforward of $17,179,090 in PBSO Capital Expenses that were not able to be spent during FY 2020.  These amounts are typically included in the adopted budget, but were not for FY 2021.  This carryforward plus other proposed adjustments results in a reduction of $6,141,110 in General Fund reserves.  FY 2022 budget projections currently assume the additional fund balance will be used to balance the annual budget. Countywide (DB)

 

 

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


MARCH 9, 2021

 

 

6.         REGULAR AGENDA

 

A.        OFFICE OF RESILIENCE

 

1.         Staff recommends motion to approve:  a budget transfer of $350,000 from General Fund contingency reserve to account for costs incurred to host the Southeast Florida Regional Climate Change Compact (Compact) Southeast Florida Regional Climate Leadership Summit (Summit). SUMMARY: The Compact, formed among Palm Beach, Broward, Miami-Dade, and Monroe counties, holds an annual Summit with hosting duties rotating between the four counties. Because of the 2020 public health crisis, the Compact cancelled the in-person FY2021 Summit and postponed Palm Beach County’s hosting duties to FY2022. Palm Beach County will host the Summit in FY2022 at a location and date to be determined. The Office of Resilience (OOR) is coordinating the event. Based on previous Summits, OOR expects up to 600 attendees and expenses of around $350,000. Ticket and sponsorship revenues are expected to cover a significant portion of hosting costs, though OOR cannot guarantee the revenue amount. OOR will use an event consultant who will pay for direct expenses and invoice the County for goods and services delivered that are not covered by revenues. Since the County could incur costs in FY2021 before the Summit generates revenues, and to ensure that the County has dedicated funds for Summit expenses, OOR requests a budget transfer from the general fund’s contingency reserve of $350,000 to pay for FY2021 event costs and have the balance roll over into FY2022 to pay for final Summit costs. OOR will plan for social distancing requirements and virtual event contingencies to minimize financial impact as needed. Countywide (RPB)

 

 

B.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET

 

1.         Staff recommends motion to:

 

A) receive and file the Emergency Rental Assistance Program (ERA COVID-19) certification, which includes receipt of $45,195,999.40 received on January 21, 2021; and

 

B)  approve a budget amendment of $45,196,000 within the ERA COVID-19 Fund to recognize the Emergency Rental Assistance Program funding, and to establish a budget for the accepted Emergency Rental Assistance Program funding.

 

SUMMARY: Pursuant to the Emergency Rental Assistance Program, the County received an automatic payment of $45,196,000 on January 21, 2021. This program was established under the federal COVID-19 relief legislation, signed into law on December 27, 2020. Funds must be obligated by September 30, 2021 and spent by December 31, 2021.  Funds not obligated by September 30, 2021 may be deemed “excess funds” and reallocated to other grantees that have obligated at least 65%. Funds can be used for rent and utility assistance for renter households in which at least one or more individuals meet the following criteria: 1) qualifies for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; 2) demonstrates a risk of experiencing homelessness or housing instability; and 3) has a household income at or below 80 percent of the area median income.  At the time funds were received, staff also received an additional allocation of Coronavirus Relief Funds (CRF) from the Department of Housing and Economic Sustainability in the amount of $2.25 million.  Because the CRF standards were closely aligned with the CARES Act regulations and minimum system enhancements were needed, staff immediately worked to obligate those funds prior to reprogramming the system to operate in compliance with the ERA-COVID-19 program.  In addition to system programming, it was also necessary for staff to conduct testing, complete contracts with nonprofit partners, hire dedicated temporary staff, and conduct training to ensure a seamless program roll out.  While the program has been in development, rental and utility assistance has continued to be provided to those in need through other assistance programs. The Catalog of Federal Domestic Assistance (CFDA) number is 21.023. Countywide (DB)

MARCH 9, 2021

 

 

6.         REGULAR AGENDA

 

B.        OFFICE OF FINANCIAL MANAGEMENT AND BUDGET (Cont’d)

 

2.         Staff recommends motion to approve: a Resolution of the Board of County Commissioners delegating to the County Administrator or designee the authority to execute and record claims of liens against land with unpaid impact fee balances. SUMMARY: The adoption of the resolution delegating to the County Administrator or designee the authority to approve the execution and recordation of claims of lien for unpaid impact fees will help to eliminate delays in recording claims of lien, which maximizes the County’s chances of collecting unpaid impact fee balances pursuant to these liens, and streamlines the agenda process. Countywide (CK)

 

 

C.        FACILITIES DEVELOPMENT AND OPERATIONS

 

1.         Staff recommends motion to approve: a Termination and Release of Easement for the easement granted in favor of CityPlace Hotel, LLC (CityPlace Hotel) and Palm Beach County (County) pursuant to the Garage Access Easement Agreement (Agreement) dated December 15, 2015 (R2015-1859). SUMMARY:  On December 15, 2015, the Board of County Commissioners of Palm Beach County (Board) approved a garage access easement granted by CPT Equity LLC (CPT) in favor of CityPlace Hotel and County. This easement permitted the County and CityPlace Hotel to access the B Deck Garage now owned by CityPlace through CPT’s western driveway. The Agreement provided CPT with the option to terminate the easement with or without cause by delivering a written notice of termination.  Termination of the Agreement is effective 18 months following receipt of a Termination Notice. The Agreement further requires County to execute and consent to the recording of the termination of the garage access easement. On July 2, 2019, CPT issued its notice to terminate the garage access easement, effective December 17, 2020, which is 18 months following receipt of the termination notice. (Property & Real Estate Management) District 7 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

6.         REGULAR AGENDA

 

D.        HOUSING AND ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to approve:

 

A) an Economic Development Incentive Agreement (Agreement) with FINFROCK SOUTH FLORIDA, LLC (Company), to provide a cash grant in an amount not to exceed $1,900,000 over a ten year period and an ad valorem tax exemption in an amount not to exceed $400,000 over a ten year period;

 

B) a budget transfer of $1,900,000 from the General Fund Contingency Reserves to the Economic Development Incentive Fund; and

 

C) a budget amendment of $1,900,000 in the Economic Development Incentive Fund to recognize the funds from the General Fund.

 

SUMMARY: On February 11, 2020 the Board of County Commissioners (BCC) conceptually approved (R2020-0177), an Economic Development Incentive (Incentive) for the Company totaling $2,300,000. This Agreement discloses the name of the Company, FINFROCK SOUTH FLORIDA, LLC, previously referred to as Project Jacobson. The Company is a design-build general contractor and precast concrete manufacturer. The Agreement requires the Company to make a minimum capital investment of $36,000,000 to purchase approximately 94 acres of land as well as construct and equip a 140,000 square foot manufacturing facility.  The Company shall create 200 new jobs over a ten year period with an annualized average wage of $38,000 excluding benefits and a median wage of $33,000 excluding benefits.  The Company is required to maintain the new jobs for three years from the date of creation. The five year economic impact is estimated to be at least $242 million. The capital investment and economic impact included in the Conceptual Approval ($45.5 million and $272 million, respectively) have been reduced as the Company is taking a more conservative approach to the construction and equipment costs and the Company has increased the job creation timeline from five to ten years to allow for building construction. A County Incentive is recommended based on the project’s location in Belle Glade, where the unemployment and poverty rates are high. Provided the project meets the requirements of the Agreement and those under applicable Florida law, the Palm Beach County Incentive will be provided in the form of a cash grant in an amount not to exceed $1,900,000 over a ten year period and an ad valorem tax exemption in an amount not to exceed $400,000 over a ten year period. District 6 (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 9, 2021

 

 

6.         REGULAR AGENDA

 

E.        PALM TRAN

 

1.         Staff recommends motion to approve: revisions to Palm Tran’s fare policy to become effective concurrently with the implementation of the new Fare Collection and Regional Interoperability Project. SUMMARY: As part of Palm Tran’s new enhanced Fare Collection System (FCS), staff is recommending the following revisions to the current fare policy to optimize the customer experience and encourage more frequent trips.  The recommendations include adding three fare products and two fare policies. Palm Tran is recommending adding three new fare products; three and seven day passes as well as the cost to purchase an unloaded Paradise smart card. These new fare products will provide more options for the customer which also aligns with Broward County Transit and Miami-Dade Transit’s fare offerings.  The three day, seven day and unloaded Paradise smart card, will be sold for $12, $20 and $2 respectively.  However, several thousand complimentary unloaded Paradise smart cards will be distributed during initial roll-out. The first fare policy recommendation is to add fare capping.  The fare capping policy will automatically give the customer the best fare value when they use a registered Paradise smart card, by converting their cash value into an unlimited one-, three-, seven- or thirty-one-day pass based on frequency of use. The second policy change would eliminate acceptance of pennies, which would provide efficiencies in cash counting tasks and boarding dwell times. Staff is currently targeting June 2021 for these fare policy revisions to go into effect concurrent with the official launch of the new FCS. Countywide (MM)

 

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MARCH 9, 2021

 

 

7.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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MARCH 9, 2021

 

 

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

 

 

 


MARCH 9, 2021

 

 

9.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

            Request for off-site Proclamation honoring Tequesta Mayor Abby Brennan on her Retirement

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

            Request for off-site Proclamation declaring March 2021 as March for Meals Month in Palm Beach County

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

            Request for off-site Proclamation declaring April 2021 as Drowning Awareness Month in Palm Beach County

 

            Request for off-site Proclamation declaring March 2021 as Florida Bicycle Month in Palm Beach County

 

           

District 5 - COMMISSIONER MARIA SACHS

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

            Request for off-site Proclamation declaring April 2021 as Sexual Assault Awareness Month in Palm Beach County

 

            Request for off-site Proclamation declaring April 30, 2021 as Women in Leadership Day in Palm Beach County

 

            Request for off-site Proclamation declaring March 2021 as Women’s History Month in Palm Beach County

 

 

District 7 – COMMISSIONER MACK BERNARD

 

            Request for off-site Proclamation declaring April 30, 2021 as the 8th Annual Stand Against Racism Day in Palm Beach County

 


MARCH 9, 2021

 

 

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

 

 

 

 

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MARCH 9, 2021

 

 

11.       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."