June 15, 2021
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JUNE 15, 2021
PAGE ITEM
16 3E-2 REVISED
MOTION: Staff recommends motion to: C)
approve Amendment No. 2 1 to the Subrecipient
Agreement (R2021-0045) with The Lord’s Place Inc., to extend the end date from
June 30, 2021 to June 30, 2022 and increase funding by $1,052,023 for a new
total amount not-to-exceed $2,270,023, to provide emergency shelter, rapid
re-housing, outreach, and street engagement services for the homeless to
prevent the spread of COVID-19; (Comm Svs)
48 3P-1 DELETED FOR FURTHER STAFF REVIEW (Coop Ext)
59 4B-2 REVISED SUMMARY: These amendments would create a removal process for commissioners due to
violation of any of the provisions listed in sec. 2-255(e); amend chair and
vice-chair terms from two years to one year; provide for payment of advocates
needed to present case where Commission on Ethics is seeking sanctions at the
current hourly rate established by the county for outside legal services;
provide for payment of hearing officers or special magistrates in accordance
with the current schedule established by the county for hearing officers or special magistrates; require hearing officer
or special magistrate to conducting final public hearings; require the
Commission on Ethics Commissioners to determine appropriate penalty and render
final order if the hearing officer or special magistrate finds a violation has
been committed. ; and amend schedule for
non-state reporting individuals to report qualified gifts from fiscal year to
calendar year. Countywide (HJF) (COE)
66 5B-4 ADD-ON: Staff
recommends motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
supporting the Florida Department of Agriculture and Consumer Services (FDACS)
in its issuance of Federal Financial Assistance Funding Opportunity Number:
22FL818Y8105, entitled “Emergency Food Assistance Program;” its 2020-21
Regional Map, which defines Palm Beach County as a stand-alone region; and its
scoring and selection of Farm Share, Inc. as the successful contract awardee for Palm Beach County (Region 17). SUMMARY: On October 6, 2020, the Board
unanimously adopted Resolution No. 2020-1521, which urged FDACS to issue a
competitive process for the Emergency Feeding Assistance Program (TEFAP) for
state contracts, for the fiscal year beginning October 1, 2021, and to separate
Region 8, which combined Palm Beach and Broward Counties, into two separate
regions under the program. On January 25, 2021, FDACS issued Federal Financial
Assistance Funding Opportunity Number 225FL818Y8105. Three food bank
organizations submitted proposals aimed at serving Palm Beach County. Farm
Share, Inc. was awarded the contract, and the State’s regional map was
restructured, designating Palm Beach County as stand-alone Region 17. The
purpose of the proposed resolution is to support FDACS’ selection committee’s
award of the FY 2021-22 TEFAP contract to Farm Share, Inc. to serve Palm Beach
County, Region 17. Farm Share, Inc., has been in the food banking business
since 1991, and has successfully administered TEFAP contracts in other regions
of the state. In 2020, Farm Share, Inc. distributed more than 101 million
pounds of food to more than 18 million households in Florida. Representatives
have already been in communication with the County, the Palm Beach County Food
Bank, and other community partners expressing the desire to work
collaboratively toward the goal of ending hunger in Palm Beach County. Countywide
(HH) (Admin)
72 5G-1 ADD-ON/REVISED
MOTION: Staff recommends motion to approve adopt: a Resolution of the Board of County
Commissioners declaring the Friday after the Thanksgiving holiday Family Day in
Palm Beach County. SUMMARY: Family Day was initially established in 1979
in Arizona with the purpose of bringing families together to appreciate one
another and many other states and nations observe Family Day. Palm Beach County would be only the second
jurisdiction in Florida to formally observe Family Day. Families are critical
to the health, well-being, and vibrancy of all communities and Family Day would
build upon the County’s ongoing year-round efforts to support family-oriented
events, experiences and destinations. Parks, open spaces and outdoor
experiences provide a broad range of opportunity for family togetherness and
are a great place to spend time on Family Day. Businesses and local merchants
are also encouraged to host family friendly activities and promotions that boost
and stimulate our economy. The recognition of Family Day is in line with the
County’s focus on being a welcoming, diverse, healthy and vibrant community
known nationwide as a great place to live, work and raise a family. Countywide (AH)
(Parks)
73 6A-1 REVISED MOTION: Advocate for Low Ezra Krieg
Income Persons Mayor Dave
Kerner
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Vice
Mayor Robert S. Weinroth
Not-for-Profit
Provider Timothy Coppage
of Affordable Housing Mayor
Dave Kerner
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Vice
Mayor Robert S. Weinroth (HED)
76 Dist.
2 ADD-ON: Request for off-site
Proclamation declaring June 21-27, 2021 as National Pollinator Week in Palm
Beach County
76 Dist.
4 ADD-ON: Request for off-site
Proclamation recognizing the Town of Lantana’s 100th Anniversary
77 Dist.
7 DELETED: Proclamation recognizing
Willie Spence as the 2nd Place Winner in the Season Finale of
American Idol
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 15, 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 10-55)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 56-61)
5. REGULAR AGENDA (Pages 62-72)
6. BOARD APPOINTMENTS (Pages 73-74)
7. STAFF
COMMENTS (Page 75)
8. BCC
COMMENTS (Pages 76-77)
9. ADJOURNMENT (Page 78)
* * * * * * * * * * *
JUNE 15, 2021
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Reappointments
to the CareerSource Palm Beach County, Inc. Board of Directors
Page 11
3A-2 Resolution
affirming commitment to cultivating an inclusive, safe, and just society
B. CLERK OF THE CIRCUIT COURT & COMPTROLLER
Page 11
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 12
3C-1 Contract with Heavy Civil, Inc. for the Hood
Road from Briarlake Drive to west of the Florida
Turnpike project
3C-2 Easement from the Board of Trustees of The
Internal Improvement Trust Fund of the State of Florida for a portion of land
located on the north side of Donald Ross Road at the intersection with Max
Planck Way
3C-3 Resolutions to initiate eminent domain
proceedings for roadway improvements on Benoist Farms Road from Southern
Boulevard to Belvedere Road
Page 13
3C-4 Resolution approving the Local Agency Program
agreement with the State of Florida Department of Transportation for the
Belvedere Heights Phase II project
Page 14
3C-5 Work order to contract with Ranger
Construction Industries, Inc. to mill and resurface Hatton Highway from Gator
Boulevard to State Road 80
D. COUNTY ATTORNEY
Page 14
3D-1 Settlement
agreement with Brittney Rivera
JUNE 15, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES
Page 15
3E-1 Amendment
to agreement with Florida Power and Light changing income guidelines
Page 16
3E-2 Grant contract with the Florida Department
of Children and Families to provide services to the homeless
Page 17
3E-3 Ratify the Mayor’s signature on Federally
Funding Subgrant Agreement with the Florida
Department of Economic Opportunity for low-income home energy assistance
Page 18
3E-4 Amendment to agreement with the Area Agency
on Aging of Palm Beach/Treasure Coast, Inc. for emergency home energy
assistance
Page 19
3E-5 Receive and file notice of award from the
U.S. Department of Health and Human Services, Health Resources and Services
Administration to improve health outcomes for residents living with HIV/AIDS
F. AIRPORTS
Page 20
3F-1 Amendment
to agreement with Communitel, Inc. for automated
teller machines at the Palm Beach International Airport
Page 21
3F-2 Amendment
to agreement with Avis Rent A Car System, LLC for
lease of rental car space at the Palm Beach International Airport
3F-3 Receive and file consent to sublease documents
by Atlantic Aviation – West Palm Beach LLC
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 22
3G-1 Settlement offer for full
satisfaction of code enforcement lien against Walter F. Lange
JUNE 15, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 23
3H-1 Amendment to agreement with Ovations Food
Services, L.P. for food and beverage operations at the Palm Beach County
Convention Center
Pages 24-25
3H-2 Contract with Onel
Construction LLC and increase in maximum dollar value of annual minor
construction contracts with 21 companies
Page 26
3H-3 Work order to contract with A-1 Property
Services Group, Inc. for the Mayme A. Frederick
Service Center – Roof Replacement project
3H-4 Receive and file license agreement with South
Florida Fair and Palm Beach County Expositions, Inc. for property adjacent to
the County Stockade
Page 27
3H-5 Amendment to agreement with JR Wake Parks,
LLC for construction and operation of a wake board and water sports concession
in Okeeheelee Park
3H-6 Amendment to agreement with US Soccer 5, LLC
for operation of a mini soccer complex at John Prince Park
Page 28
3H-7 Work order to contract with Grace Roofing
& Sheet Metal Enterprise LLC for the Water Utilities Department Digester
Buildings 1 & 2 – Roof Replacement project
Page 29
3H-8 Change order to contract with Asset Builders,
LLC for the Belle Glade Senior Center Roof Replacement project
Page 30
3H-9 Amendment to contract with Robling
Architecture Construction, Inc. for the Water Utilities Department Water
Treatment Plant No. 3 Generator Storage Pavilion project
Page 31
3H-10 Change order to contract with Robling
Architecture Construction, Inc. for the Southern Regional Water Reclamation
Facility Elevator Modernization project
Page 32
3H-11 Amendment to contracts with two companies for
architectural services
Page 33
3H-12 Contracts with three firms to provide
environmental assessment services
Page 34
3H-13 Change order to contract with James B. Pirtle Construction Company, Inc. for the Palm Beach
Sheriff Office Forensic Sciences & Technology Facility project
JUNE 15, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 35
3I-1 Receive
and file certifications for the Emergency Solutions Grants Program Coronavirus
Program
J. PLANNING,
ZONING & BUILDING
Page 36
3J-1 Seat changes on the Building Code Advisory
Board
Page 37
3J-2 Appointments to the Building Code Advisory
Board
K. WATER UTILITIES
Page 38
3K-1 Receive and file Standard Potable Water and
Wastewater Development Agreement with Protea Senior
Living Boca Raton, LLC
Page 39
3K-2 Utility Work by Highway Contractor Agreement
With Florida’s Department of Transportation for improvements to Lake Worth Road
from the Palm Beach State College entrance to Raulerson
Drive
Page 40
3K-3 Consultant Services Authorization to
contract with CDM Smith, Inc. for the Consumptive Use Permit Renewal Support
project
Page 41
3K-4 Interlocal Agreement with the Town of Lake
Clarke Shores relating to the installation of a new water main along Lawrence
Road, south of Lantana Road
Page 42
3K-5 Amendment to contract with Johnson-Davis
Incorporated increasing the contract amount
Page 43
3K-6 Work authorization to contract with Centerline
Utilities, Inc. for the Belvedere Heights Replacement project
JUNE 15, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 44
3L-1 Detailed Work Plan Budget – Arthropod
Control Operational Work Plan for Mosquito Control with the Florida Department
of Agriculture and Consumer Services
Page 45
3L-2 Contract with the State of Florida, Florida
Fish and Wildlife Conservation Commission implementing a Hurricane Irma
Fisheries Disaster Recovery Grant Agreement for the Tarpon Cove Estuarine
Habitat Restoration project
Page 46
3L-3 Contract with the State of Florida, Florida
Fish and Wildlife Conservation Commission implementing a National Coastal
Wetlands Conservation Grant Agreement for Tarpon Cove Estuarine Habitat
Restoration project
M. PARKS & RECREATION
Page 47
3M-1 License agreement with Global Music Rights,
Inc. for public performances
P. COOPERATIVE EXTENSION SERVICE
Page 48
3P-1 Donation from Friends of the Mounts
Botanical Garden, Inc. for the Nature POP! Exhibit
U. INFORMATION SYSTEMS SERVICES
Page 48
3U-1 Receive and file task order to contract with Woolpert, Inc. for the 2021 Palm Beach County Coastal Orthophotography Program
X. PUBLIC SAFETY
Page 49
3X-1 Receive
and file declarations and emergency order for the month of April, 2021
Page 50
3X-2 Receive and file modification to subgrant agreement with the State of Florida, Division of
Emergency Management to receive additional funds
Page 51
3X-3 Receive and file amendments with the Fifteenth
Judicial Circuit Court adding language certifying that providers utilize the
U.S. Department of Homeland Security’s E-Verify system
AA. PALM TRAN
Page 52
3AA-1 Resolution approving submission of grant application to partially
offset the operational costs for Routes 40 and 47 in the Glades region
JUNE 15, 2021
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
BB. YOUTH SERVICES
Page 53
3BB-1 Contract with Prime Time Palm Beach County,
Inc. for connecting summer camps for low income children to expand learning
opportunities
Page 54
3BB-2 Receive
and file contracts with four Doctoral Psychology Interns
CC. TOURIST DEVELOPMENT COUNCIL
Page 55
3CC-1 Receive and file FY 2021 grant agreement with
Children’s Healthcare Charity, Inc. for promotion of the Honda Classic
PUBLIC HEARINGS – 9:30 A.M.
A. PUBLIC SAFETY
Pages 56-57
4A-1 Secondary
Service Provider Emergency Medical Service Certificates of Public Convenience
and Necessity with four companies
B. COMMISSION ON
ETHICS
Page 58
4B-1 Ordinance
amending the Palm Beach County Code of Ethics related to the definition of
lobbyist
Page 59
4B-2 Ordinance
amending the Palm Beach County Code creating a removal process for
commissioners
Page 60
4B-3 Ordinance amending to the Palm Beach County
Lobbyist Ordinance
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
Page 61
4C-1 Ordinance amending the Palm Beach County Code
related to floating structures
JUNE 15, 2021
TABLE OF CONTENTS
REGULAR AGENDA
A. AIRPORTS
Page 62
5A-1 Contract with Suffolk Construction Company
Inc. for the Concourse B Expansion project at Palm Beach International Airport
Page 63
5A-2 Amendment to agreement with RS&H, Inc.
for the Concourse B Expansion project at Palm Beach International Airport
B.
ADMINISTRATION
Page 64
5B-1 Waiver of the competitive solicitation
process for professional services for Jerry Wilson, PC, related to Palm Beach
County redistricting
Page 65
5B-2 Direction
regarding criteria to be utilized for the proposed Commission district maps
5B-3 Resolution
approving the CareerSource Palm Beach County Fiscal Year 2021-2022 budget
C.
HOUSING AND ECONOMIC DEVELOPMENT
Page 66
5C-1 Resolution
approving issuance of multifamily housing revenue bonds for the Village of
Valor
Page 67
5C-2 Interlocal agreement with the City of Riviera
Beach related to affordable housing in the Brooks Subdivision
Page 68
5C-3 Funding
for Oxygen Development, LLC to assist in the expansion
D.
ENGINEERING & PUBLIC WORKS
Page 69
5D-1 Resolution
approving Adopt-A-Road program
E.
YOUTH SERVICES
Page 70
5E-1 Allocations for funding in the Action Areas
of Economic Access, Educational Supports and Parenting & Role Models
JUNE 15, 2021
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
F.
FACILITIES DEVELOPMENT AND OPERATIONS
Page 71
5F-1 Resolution conveying property to the Lake
Worth Drainage District on Jog Road between Belvedere Road and Florida’s
Turnpike
Page 72
5F-2 Interlocal agreement with the
Westgate/Belvedere Homes Community Redevelopment Agency for the donation of
property located on the southwest corner of Westgate Avenue and Seminole
Boulevard for the relocation of Fire Station 24
BOARD
APPOINTMENTS
Pages 73-74
6A-1 Appointments
to the Commission on Affordable Housing
STAFF COMMENTS (Page 75)
COMMISSIONER COMMENTS (Pages 76-77)
ADJOURNMENT (Page 78)
JUNE 15, 2021
A. ADMINISTRATION
1. Staff recommends
motion to approve: the reappointment of two current members,
Alex Dobin and Connor Lynch, 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 |
|
Alex Dobin |
17 |
6/19/21-6/18/24 |
Private Sector |
Florida Power & Light Company |
|
Connor Lynch |
26 |
7/10/21-7/9/24 |
Private Sector |
Plastridge Insurance Agency |
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, 22 currently filled and a
diversity count of Caucasian:
16 (73%), African-American: 4 (18%) and Hispanic: 2 (9%). The gender ratio (female:male) is: 6:16. The
nominees are Caucasian male. Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
2. Staff recommends
motion to adopt: a resolution
affirming Palm Beach County’s ongoing commitment to cultivating an inclusive,
safe, and just society that values the diversity of our community, denouncing
domestic terrorism; denouncing anti-government extremism that increases the
likelihood of violence, countering hate and extremism through engagement with
community leaders, and urging residents to adopt these values in their own
lives, and denouncing hate and extremism. SUMMARY: The Anti-Defamation League (ADL) has requested
cities and counties across the country to adopt resolutions denouncing hate and
extremism. ADL’s report on Murder and Extremism in the United States in 2019
found that domestic extremists killed at least 42 people in the United States
in 17 separate incidents in 2019, making 2019 the sixth deadliest year on
record for domestic extremist-related killings since 1970. This rise in domestic terrorism has furthered
the ADL’s mission to fight to end the spread of hate, bigotry, and harassment
based on race, color, religion, national origin, ethnicity, sex, gender, gender
identity and expression, sexual orientation, disability, or any other protected
characteristic as defined by law. Recent
calls to action from the ADL have defended democratic institutions and brought
attention to disinformation, misinformation, and online conspiracy theories
that are spreading and inspiring real-world violence. This resolution affirms
an ongoing commitment to cultivating an inclusive, safe, and just society that
values the diversity of our community and denounces hate and extremism to help
keep us all safe. Countywide (AH)
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
May
18, 2021 Regular
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a contract
with Heavy Civil, Inc. (HCI) in the amount of $353,786 for the construction of
Hood Road from Briarlake Drive to west of the Florida
Turnpike (Project). SUMMARY: Approval of this contract will provide the
construction services necessary to construct an asphalt sidewalk along the
north side of Hood Road from the east side of Briarlake
Drive to west of the Florida Turnpike. The Affirmative Procurement Initiative
selected for this contract on October 21, 2020 by the Goal Setting Committee is
a 20% minimum mandatory Small Business Enterprise (SBE) participation. HCI was
the lowest responsive responsible bidder of five. HCI contractually agreed to
21.67% SBE participation. The contract time for the Project is 120 calendar
days. This Project is included in the
infrastructure sales tax. District 1 (YBH)
2. Staff recommends motion to accept: an easement from the Board of Trustees of The Internal Improvement Trust Fund (TIITF) of the State of Florida pursuant to Section 18-2.018 (3)(D), Florida Administrative Code, for a portion of land located on the north side of Donald Ross Road at the intersection with Max Planck Way. SUMMARY: The proposed easement is needed for traffic signal maintenance by Palm Beach County (County). A developer installed a new traffic signal at the intersection of Donald Ross Road and Max Planck Way within the municipal limits of the Town of Jupiter (Project). In order for the County to accept the Project for maintenance as part of its traffic control jurisdiction, the County needs an easement for legal access to the TIITF owned property. District 1 (YBH)
3. Staff recommends motion to adopt: six resolutions to initiate eminent domain proceedings by declaring the acquisition of properties designated as parcel 103 as right-of-way, parcel 203 as a permanent easement, and parcels 300, 301, 302A and 302B, 304A and 304B, and 305 as temporary construction easements necessary for the construction of roadway improvements on Benoist Farms Road from Southern Boulevard (State Road 80) to Belvedere Road (Project). SUMMARY: Adoption of these resolutions will initiate eminent domain proceedings pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes as amended, against seven parcels having a total appraised value of $309,400. The parcels are necessary for the widening and construction of a three-lane roadway with paved shoulders, curb and gutters, a closed drainage system, sidewalks and traffic signal improvements for the Project. 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. 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 2 (DO)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
4. Staff recommends
motion to:
A) adopt a resolution to approve the Local Agency Program (LAP)
agreement with the State of Florida Department of Transportation (FDOT) for a
federally funded grant in the amount of $1,060,814 for the construction of
Belvedere Heights Phase II (Project);
B) approve the LAP agreement with FDOT for the construction of
the Project with an expiration date of June 30, 2023;
C) approve
an Interlocal Agreement with the Westgate Belvedere Homes Community
Redevelopment Agency (Westgate CRA) for all Project costs above the LAP grant
amount; and
D) approve a budget amendment of $1,339,036 in the Capital
Outlay Fund to recognize the LAP grant from FDOT and reimbursement funding from
Westgate CRA and appropriate it to the Project.
SUMMARY: Approval of this agreement will allow Palm Beach County (County) to
receive a grant for construction funding in the amount of $1,060,814 for the
Project which has an estimated construction cost of $1,339,036. The local match
of 20.78% from the Westgate CRA is $278,222. The Project will provide
streetlights, sidewalks and sodding along County roads within the Westgate CRA
area. Approval of the Interlocal Agreement will recognize that the Westgate CRA
will be responsible for all costs above the grant amount and maintenance of the
improvements after construction is complete. The Code of Federal Domestic
Assistance number for this agreement is 20.205 Highway Planning and
Construction. District 2 (YBH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
5. Staff recommends
motion to approve: Work Order 2018051-164 in the amount
of $320,000 to mill and resurface Hatton Highway from Gator Boulevard to State
Road 80 utilizing Palm Beach County’s (County) annual asphalt milling and
resurfacing contract R2018-1533 (Contract) with Ranger Construction Industries,
Inc. (Ranger). SUMMARY: Per
County PPM CW-F-050, this work order exceeds the $200,000 threshold for staff
approvals of work orders to annual contracts, thus requiring approval from the
Board of County Commissioners (BCC). Approval of this work order will allow the
contractual services necessary to construct the improvements. Prior to this
meeting date, approximately $39 million of Ranger’s $48.5 million Contract has
been spent or encumbered. On October 16, 2018, the BCC approved the Contract
with Ranger to provide milling and resurfacing of County roadways for
countywide projects. The Contract was renewed on October 22, 2019 with a 15%
mandatory Small Business Enterprise (SBE) goal set as the Affirmative
Procurement Initiative. Due to the limited availability of qualified certified
SBE subcontractors, the Office of Equal Business Opportunity issued a waiver on
January 17, 2020 that reduced the mandatory SBE participation to 5%. On June 2,
2020 the second renewal was approved, and continued with the reduced mandatory
SBE participation of 5%. Ranger agreed to 5% SBE participation for this work
order. Approval of this work order will result in a cumulative SBE
participation of 8.8% for all the work orders issued under the Contract. This project is included in the
infrastructure sales tax. District 6 (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a settlement agreement, inclusive of attorney’s fees
and costs, in the total amount of $145,000 in the personal injury action styled
Brittney Rivera vs. Palm Beach County Board of County Commissioners, Case No.
502018CA014894XXXXMB AF. SUMMARY: This
is a personal injury lawsuit arising from a fall incident at Fire Station 19 in
Jupiter. Plaintiff stepped into an open and unprotected main water valve box in
the ground causing extensive injuries to Plaintiff’s left shin, ankle, and knee
resulting in two surgeries. Countywide (JM)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Amendment No. 1 to the Florida Power and Light
Company (FP&L) Care To Share Program Agreement (R2018-2064), for the period
January 1, 2019 through December 31, 2023, to change the income guidelines from
at or below 150% of the Federal Poverty Level Guidelines (FPLG) to the Asset
Limited Income Constrained Employed, (ALICE) income guidelines. SUMMARY: Amendment
No. 1 to the FP&L Care To Share Program Agreement
changes the income eligibility for Palm Beach County residents who are at risk
of their FP&L service being disconnected. FP&L made the decision to no
longer use the FPLG to determine client eligibility. The changes allow the Community Services Department
(CSD) to address the gap that is currently a challenge, as most of the
federal/state programs are below the 150-200% FPLG and this grant had the same
requirements. With the change to income eligibility guidelines, CSD will be
able to serve more clients who did not meet the FPLG requirements, but are in
need of assistance to avoid their services being disconnected. The ALICE income guidelines are updated
annually. The updated ALICE guidelines will be provided to the Palm Beach
County CSD for immediate distribution and implementation in order to administer
the FP&L Care to Share Program funds. CSD has been administering the
program since July 1, 2006. The FP&L Care To
Share Program has provided over $2,000,000 to assist households in Palm Beach
County. The program assists over 300 households per year, with 2,300 assisted
over the most recent five-year period. Voluntary
contributions from FP&L customers, along with corporate contributions fund
the FP&L Care To Share Program. No County match is
required. (Community Services) Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends motion to:
A) approve the signature
of the Mayor on Amendment No.0002 to Grant Contract #IP004 with the Florida
Department of Children and Families (DCF) Unified Homeless Grant (CFSA 60.021),
for the period July 1, 2019 through June 30, 2022, to increase funding by
$1,052,023 for a new total amount not-to-exceed $2,963,451.55;
B)
approve
a budget amendment of $1,052,023 in the General Fund, Human Services Division,
to align the budget to the actual grant;
C)
approve Amendment No. 1
to the Subrecipient Agreement (R2021-0045) with The
Lord’s Place Inc., to extend the end date from June 30, 2021 to June 30, 2022
and increase funding by $1,052,023 for a new total amount not-to-exceed
$2,270,023, to provide emergency shelter, rapid re-housing, outreach, and street
engagement services for the homeless to prevent the spread of COVID-19; and
D)
authorize the
County Administrator or designee to execute grant agreements and amendments
thereto, and all other necessary documents related to the DCF Unified Homeless Grant.
SUMMARY: DCF received $65,511,297 in Emergency Solutions Grant Coronavirus
(ESG-CV2) funding from the U.S. Department of Housing and Urban Development
(HUD). The ESG-CV2 funding is used to prevent, prepare for, and respond to the
pandemic among individuals and
families who are homeless or receiving homeless assistance. The funding is also
being used to support additional assistance and prevention services for the
homeless to help mitigate the impacts created by the pandemic. Amendment No.
0002 to Grant Contract #IP004 (CFSA 60.021) with DCF will be amended to reflect
an increase in ESG-CV2 funding in the amount of $1,052,023, which became effective
on May 1, 2021. The Lord’s Place Inc. provides emergency shelter, rapid
re-housing, outreach, and street engagement services for the homeless to help
prevent the spread of COVID-19. No
County match is required. (Division
of Human Services) Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to ratify: the signature of the Mayor on the Federally
Funded Subgrant Umbrella Agreement #E2016 (Subgrant Agreement) with the Florida Department of Economic
Opportunity (DEO), for the period October 1, 2020 through September 30, 2023,
to incorporate new provisions to cover both the Community Services Block Grant
(CSBG) and the Low-Income Home and Energy Assistance Program (LIHEAP). SUMMARY:
The Subgrant Agreement supersedes and replaces
all current CSBG and LIHEAP agreements that expired on March 31, 2021. The DEO
issued one contract to cover both CSBG and LIHEAP programs and the Notice of
Funding Awards (NFA’s) to release funding under this agreement. NFA’s will be
issued as funding becomes available. The Subgrant
Agreement will allow the Community Action Program (CAP) to continue providing economic stability and
mobility services to approximately 2,700 individuals representing 1,040
families residing in Palm Beach County by providing employment skills training,
job placement services, resume training, financial management training, rental
and utility assistance, and case management services using CSBG funds.
Additionally, the Subgrant Agreement allows CAP to
continue providing electric utility bill assistance to approximately 8,000
low-income households residing in Palm Beach County. The emergency signature
process was utilized because there was not sufficient time to submit the Subgrant Agreement through the regular Board of County
Commissioner’s agenda process and return by the grantor’s deadline. No County
match is required. (Community Action
Program) Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
A) Amendment 004
to Standard Agreement No. IP019-9500
(R2019-1836) for the Emergency Home
Energy Assistance for the Elderly Program (EHEAEP) (CFDA 93.568) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. (AAA), for the period
October 1, 2019 through March 31, 2021, to revise, amend, and replace portions
of the standard agreement and to transfer $22,328 from the Outreach Category to
the Crisis Assistance Category, in an amount not to exceed $6,500 for EHEAEP
client services;
B) the EHEAEP Intake
Center Referral Agreement No. IP0219500 (Referral Agreement) with AAA, for the
period April 1, 2021 through September 30, 2023, to promote a coordinated
service delivery system to meet the energy needs of seniors and enable eligible
participants to access the program conveniently, the Division of Senior and
Veteran Services (DSVS) will be reimbursed at a rate of $27.60 per application
for an estimated total amount of $35,604; and
C) a budget amendment of $13,276 in FY 2021 in the DSVS Administration
Fund to align the budget to the actual grant award.
SUMMARY: Amendment No. 004 is required by AAA to adjust funding between outreach
and assistance categories based on program needs. Under the standard EHEAEP
agreement (CFDA No. 93.568), seniors who are unable to pay their electric bills
can receive financial assistance. The EHEAEP Grant Year (GY) 2021-2023 program
services are funded with approximately $35,604 in federal funds. The EHEAEP GY
2019-2021 program services are funded with approximately $6,500 in federal
funds. The Referral Agreement (CFDA No. 93.568) allows DSVS to be responsible
for the programmatic, fiscal, and operational management of EHEAEP services to
seniors and is necessary to maintain a climate of cooperation in order to
achieve efficiency to promote programs designed to prevent the premature
institutionalization of elders and disabled adults. DSVS is responsible for
providing services north of Hypoluxo Road.
The Mae Volen Center, Inc. is responsible for
providing services in the areas south of Hypoluxo Road. Sufficient funding is
included in the current budget to meet County obligations. No additional County
match is required. (DSVS) Countywide except for portions of Districts 3, 4,
5, & 7 south of Hypoluxo Road. (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to:
A) receive and file a final Notice of Award (NOA) No. 6 H89HA00034-28-01 from the U.S.
Department of Health and Human Services, Health Resources and Services
Administration (HRSA), for the budget period March 1, 2021 through February 28,
2022, in the amount of $7,304,638, to continue providing needed core medical
and support services and to improve health outcomes for Palm Beach County
residents living with HIV/AIDS;
B) receive and file a revised NOA No. 4 H9AHA36962-01-03 from the U.S. Department of Health
and Human Services, HRSA, for a budget period end date extension from March 31,
2021 to March 31, 2022, for use of remaining funds in an amount of $179,724, to
continue improving health outcomes for clients affected by the Coronavirus
(COVID-19) pandemic;
C) approve the Subrecipient Agreement for
the Ryan White HIV/AIDS Program Part A and Minority AIDS Initiative (MAI) with
AIDS Healthcare Foundation, Inc. (AHF), for the three (3) year period March 1,
2021 through February 29, 2024, in an amount not-to-exceed $1,450,335, of which
$483,445 is budgeted in Grant Year (GY) 2021, with an anticipated annual
allocation of $483,445 in each subsequent grant year for the term of the
agreement, for the provision of medical and support services to Palm Beach
County residents living with HIV/AIDS; and
D) approve
a budget amendment in the amount of $3,067,509 in
the Ryan White Care Program fund to align the budget to the actual grant award.
SUMMARY: A final NOA No. 6
H89HA00034-28-01 (CFDA 93.914) was received on March 25, 2021 from HRSA in the
amount of $7,304,638, to continue providing needed core medical and support
services to Palm Beach County residents living with HIV/AIDS. Under this grant,
the program will serve approximately 3,100 clients. On April 20, 2021, the BCC
approved a partial NOA for $1,626,211. The grant allows the Community Services
Department to continue providing needed medical and support services to Palm
Beach County residents living with HIV/AIDS. A revised NOA No. 4 H9AHA36962-01-03
(CFDA 93.914) was received on March 25, 2021 from HRSA, for the Ryan White
HIV/AIDS Program Part A COVID-19 Response issuing an
extension to the program period end date from March 31, 2021 to March 31, 2022.
No additional funds will be provided. The remaining funding in the amount of
$179,724 will be used to prevent, prepare and respond to the Coronavirus
Pandemic for clients in the Ryan White HIV/AIDS program under the Coronavirus
Aid, Relief, and Economic Security Act. Under this grant, the program will serve
approximately 260 clients. Kristen
Harrington, an employee of AHF is a member of the Palm Beach County HIV CARE
Council. This board provides no regulation, oversight, management, or
policy-setting recommendation regarding the subject contract or transactions.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Section 2-443, of the Palm
Beach County Code of Ethics. These are Ryan White Part A and MAI grant
funds, which require no local match. (Ryan
White Program) Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to approve: the First Amendment (Amendment) to Automated Teller Machine Concession
Agreement with Communitel, Inc. (Communitel)
at the Palm Beach International Airport (R2019-0950) (Agreement); abating the
Minimum Annual Guarantee (MAG) of $15,964 for the second contract year;
adjusting the MAG for future contract years; providing for reconciliation of
the MAG on a year-to-date basis; extending the submittal date for the first
contract year audit report; and updating standard contract provisions. SUMMARY: Communitel operates automated teller machines (ATMs) at
PBI. The first contract year commenced October 1, 2019. ATM usage has declined
substantially as a result of the COVID-19 pandemic. The agreement requires Communitel to pay a privilege fee equal to 60% of the
annual ATM transaction fees (Privilege Fee) or the MAG. The MAG in the first
contract year (FY2020) was $15,000. For the second contract year (FY2021), the
MAG adjusted to 85% of the first contract year’s annual Privilege Fee, or
$15,964; however, current passenger demand does not support payment of this
amount. As the Amendment abates the MAG for the second contract year, Communitel will pay only the annual Privilege Fee.
Commencing October 1, 2021, the MAG will adjust annually to 85% of the annual
Privilege Fee for the prior year or $9,000, whichever is greater. The Amendment
also adjusts the method of reconciliation of the MAG to allow Communitel to receive credit for payments made in excess of
the MAG before year-end. An annual audit report is required. Communitel has requested to combine the audit report for
the first contract year with the audit report for the second contract year.
Based on the small dollar amount involved and the fact that Communitel
has provided independent transaction data from its banking partner which
supports Communitel’s Privilege Fee payment for the
first contract year, the Department supports this request. The Amendment also
updates standard contract provisions, including scrutinized companies. Communitel is a certified Airport Concession Disadvantaged
Business Enterprise (ACDBE), providing 100% ACDBE participation. Approval of this Amendment will ensure ATM
services remain available at PBI as a passenger convenience while passenger traffic
continues to stabilize. Countywide (AH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: the Sixth Amendment (Amendment) to Airport
Ground Lease Agreement (Agreement) with Avis Rent A Car System, LLC (Avis)
(R88-314, as amended), extending the term of the Agreement to September 30,
2026, with one additional five-year renewal, and updating standard provisions,
for Avis’ lease of the rental car facility at 2500 James L. Turnage
Boulevard at the Palm Beach International Airport (PBI), for payment of annual
rental in the amount of $406,198. SUMMARY: Avis
maintains an on-airport rental car return facility in support of its rental car
concession at PBI. The Agreement is scheduled to expire September 30, 2021. The
Amendment extends the term of the Agreement to September 30, 2026, with one
additional five-year renewal. The two adjacent rental car return facilities are
vacant. One of the two sites has been
vacant, with the exception of temporary uses, for more than ten years. Avis has
requested an extension of the Agreement, which will guarantee a minimum of
$2,030,990 in additional rental revenues over the extended term. The current
annual rental is $406,198, which is subject to adjustment every three years,
with the next adjustment on October 1, 2022.
Avis has also committed to spend a minimum of $600,000 on improvements
to the facilities during the extended term, including the replacement of
underground fuel storage tanks with above-ground tanks, replacement of fuel
dispensers and replacement of the fuel island canopy. The Amendment also
updates the provisions for non-discrimination and scrutinized companies. Countywide (HJF)
3. Staff recommends motion to receive and file: four Consent to Sublease (Consent) documents, consenting to the sublease of space by Atlantic Aviation – West Palm Beach LLC d/b/a Atlantic Aviation PBI (Atlantic) at the Palm Beach International Airport (PBI), with the following subtenants:
A) 711 Finad LLC, effective 4/1/2021;
B) Beagles Eagle, LLC, effective 5/1/2021;
C) CMB Aviation 1 LLC, effective 5/1/2021; and
D) Georgetown Management, LLC, effective 4/1/2021
SUMMARY:
Atlantic provides fixed based operator services for
general aviation aircraft at PBI pursuant to a Lease Agreement dated October
18, 2000 (R2000-1067, as amended). The
lease agreement provides for the sublease of 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)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. 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 Walter F.
Lange on February 20, 2009. SUMMARY: The Code Enforcement Special Magistrate
(CESM) entered an order on October 1, 2008 for the property owned by Walter F.
Lange providing him until November 30, 2008 to bring his property located at
8729 Pinion Dr., Lake Worth, FL into full compliance. The property had been
cited for keeping/allowing chickens/roosters and/or farm animals in a residential
zoning district. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $100 per
day was imposed. The CESM then entered a claim of lien against Walter F. Lange
on February 20, 2009. The Code Enforcement Division issued an Affidavit of
Compliance (AOC) for the property on May 4, 2010 stating that the cited code
violations had been fully corrected as of April 30, 2010. The total accrued lien
amount through December 3, 2020, the date on which settlement discussions
began, totaled $116,051.54, of which Mr. Lange has agreed to pay Palm Beach
County $25,000 (22%) for full settlement of his outstanding Code Enforcement
lien. District 6 (SF)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a Third Amendment (Amendment) to the Agreement with
Ovations Food Services, L.P. d/b/a Spectra Food Services & Hospitality
(Spectra) for food and beverage operations services at the Palm Beach County
Convention Center (Convention Center) extending the term for an additional 12
months through September 30, 2022. SUMMARY: Spectra was selected as the food & beverage operator of the
Convention Center in 2010 through a competitive Request for Proposals (RFP)
process. Spectra’s initial contract (R2010-0965) was renewed in 2015 (R2015-1409)
for one renewal period of five years through September 30, 2020. In 2020, the
Agreement was extended by the BCC for an additional 12 months (R2020-0640) due
to the ongoing COVID-19 crisis which extension expires September 30, 2021.
Under the agreement, Spectra manages the day-to-day operations and marketing of
food and beverage services at the Convention Center. Due to the ongoing
COVID-19 emergency, this Amendment will extend the term of the contract for 12
months, providing staff sufficient time to re-solicit the contract. Facilities
Development and Operations (FDO) and the Tourist Development Council (TDC)
intend to advertise the solicitation in early 2022 with an anticipated award
early in the summer of 2022. The
Director of FDO recommends this emergency extension as it is deemed beneficial
to the interests, health, safety and welfare to the County. This contract is
exempt from the Purchasing Code, but Staff has complied with the requirements
of Purchasing Code Section 2-54(b) since this is an extension of a competitively
procured contract. Under the agreement as well as this Amendment, Spectra
receives: 1) an annual management fee of $50,000 which has been adjusted for
inflation over the term of the contract; 2) 7% of the net profit and 3) an
opportunity to earn an incentive fee of up to 1% of gross sales up to $2.5
million of gross sales and additional up to 2% over $2.5 million of gross sales
not to exceed $4 million, if certain performance measures are achieved in the
areas of financial, marketing, sales and customer service. The County receives:
1) 93% of the net profit of food and beverage operations and 2) cash/credits
for certain sponsorships and rebates on certain food and beverage products. In
addition to extending the term for 12 months, the Amendment revises the
sponsorship/rebate program and adds County standard language on E-Verify. The
TDC Board has approved the contract extension for 12 months. As an emergency
extension, this contract extension is exempt from the Equal Business
Opportunity Ordinance. (FDO/TDC) Countywide
(MWJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve:
A)
an annual contract with Onel
Construction LLC for general minor construction services on an as needed basis
through February 10, 2025; and
B) an increase in the maximum dollar value of the annual minor
construction contracts by $5,000,000 to provide construction services related
to repairs, improvements and renovations to County properties on an as-needed
basis through February 10, 2025.
Contractor Resolution
# Status
1) All-Site Construction Inc R2020-0142 S/MBE
2) Andrea Construction, Inc. R2020-0143 SBE
3) Anzco,
Inc.
R2020-0144 SBE
4) Brothers’ Construction,
Inc. R2020-0562 Non-SBE
5) Clean Air Restoration,
Inc.
D/B/A Chandler Construction Company R2020-0145 Non-SBE
6) DCOTA Contracting, Inc. R2020-0146 S/MBE
7) Docks & More
Construction Co. R2020-1686 Non-SBE
8) E&F Florida
Enterprises Inc.
dba Creative
Contracting Group R2020-1687 Non- SBE
9) Greenview Construction LLC R2020-0565 SBE
10)
Hatcher Construction &
Development,
Inc.
R2020-0147 S/MBE
11)
Hufcor, Inc.
R2020-0148 Non-SBE
12)
J. Rawn Enterprises, Inc. R2020-0149 SBE
13)
Joe Schmidt Construction, Inc. R2020-0150 SBE
14)
Kelly Brothers, Inc.
R2020-1344 Non-SBE
15)
Lambert Bros, Inc.
R2020-0563 Non-SBE
16) One
Call Florida, Inc.
R2020-0151 SBE
17) Parsa Corporation
R2020-1029 SBE
18) Poseidon
Dredge & Marine, Inc.
R2020-0564 S/MBE
19) Randolph
Construction Group, Inc. R2020-0566 S/MBE
20) Republic
Construction Corp R2020-1345 SBE
21) Ralph
Della-Pietra Inc.
R2020-1575 SBE
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. SUMMARY (Cont’d): On February 11, 2020,
the Board of County Commissioners (Board) initially approved the annual minor
construction contract for a period of five years. During the initial year of
the contract, the County awarded $4,286,101.21 in work orders. Staff is
requesting the cumulative limit be increased by $5,000,000 for a total
cumulative value of $10,000,000 in order to accommodate additional anticipated
new projects required to be accomplished before the term of this contract
expires on February 10, 2025. 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 before the term ends. Projects $100,000 and over are advertised on the
vendor self-service website while projects $200,000 and over are also
advertised in the newspaper. Projects under $100,000 are bid among the pool of
pre-qualified contractors (currently 22 have pre-qualified) and for projects
over $100,000, the bidding pool is expanded to include any additional bidders
responding to the specific project advertisement that submit a qualification
application at least ten days before the bid due date. This annual contract was
presented to the Goal Setting Committee on August 21, 2019. The Committee
applied the following three Affirmative Procurement Initiatives (API): 1)
sheltered market for projects under $100,000; or 2) a small business enterprise
(SBE) contractor will be given a price preference if its bid is within 10% of
the lowest non-small business bid on a single trade project over $100,000; or
3) a mandatory 25% SBE subcontracting goal for a multi-trade project over
$100,000. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE)
participation will be identified on each work order, and will be tracked
cumulatively for all work orders issued. Current cumulative S/M/WBE
participation for all work orders to-date under the annual minor construction
contract is 88.38%. (Capital Improvements) Countywide (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Work Order
No. 21-025 to the annual roofing contract with A-1 Property Services Group,
Inc. (R2021-0328) in the amount of $280,501.09 for the Mayme
A. Frederick Service Center – Roof Replacement project for a period of 120 days
from permit issuance or until the project is complete. SUMMARY: The work consists of
furnishing the labor, equipment, and materials needed for the replacement of
the existing clay tile mansard roof system with a new clay tile mansard roof
system. The existing flat roof will also be replaced with a new built-up
roofing system. The existing roofing system is more than 25 years old, requires
frequent repairs and is at the end of its useful life. The new clay tile roof
system and built-up roof system will provide for years of weather tight
protection. This project was competitively advertised and new contractors were
invited to bid on the project by submitting prequalification documents prior to
the submission of the bid response. This work order was solicited pursuant to
the annual roofing contract and the requirements of the Equal Business
Opportunity Ordinance. The annual contract was last presented to the Goal
Setting Committee on July 15, 2020 and the Committee established Affirmative
Procurement Initiatives (API) of sheltered market for projects under $100,000
or a Small Business Enterprise (SBE) contractor will be given a price
preference if their bid is within 10% of the lowest non-SBE bid for projects
over $100,000. Since this project was
over $100,000, the SBE price preference API was applied. The Contractor is not
a certified SBE. There is no SBE participation on this work order. The overall
SBE participation on the annual roofing contract is 0.46%. The Contractor is
not a local business. Funding for this project is from the Capital Outlay fund.
(Capital Improvements Division) District 7 (LDC)
4. Staff recommends
motion to receive and file: Standard License Agreement for Use of
County-owned property adjacent to the County Stockade located at 9620 Weisman
Way from May 1, 2021 through May 31, 2021 with South Florida Fair and Palm
Beach County Expositions, Inc., for use as parking by the public and Palm Beach
County Sheriff’s Office during the 2021 South Florida May Fair event. 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 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)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: the first amendment to Concessionaire Service
Agreement (R2016-0397) with JR Wake Parks, LLC dba Shark Wake Parks (fka Apex Wake Parks) for the development, construction and
operation of a wake board and water sports concession located in Okeeheelee Park in West Palm Beach (i) acknowledging the
fictitious name change; (ii) replacing Exhibit ”B” depicting the Licensed Area;
and (iii) updating, adding and modifying various standard County provisions. SUMMARY:
The County and JR Wake Parks, LLC entered into a Concessionaire Service
Agreement, dated March 22, 2016, to use the Licensed Area, as defined in the agreement,
for the development, construction and operation of a wake board cable complex
for wake boarding, water skiing, wake surfing, zip line, tubing, kneeboard
rentals, competitions, and lessons at Okeeheelee Park
for the Park’s patrons. This first amendment: i) documents that JR Wake Parks,
LLC has changed its fictitious name from Apex Wake Parks to Shark Wake Parks;
ii) replaces Exhibit “B” Licensed Area to reflect the locations of the
buildings; and iii) updates, adds and modifies various standard County provisions. All other terms and conditions of the agreement
shall remain in full force and effect.
The Parks and Recreation Department will continue to have administrative
responsibility for this agreement. (Property & Real Estate Management) District
2 (HJF)
6. Staff recommends
motion to approve: the first amendment to Concessionaire Service
Agreement (R2018-2061) dated December 18, 2018, with
US Soccer 5, LLC (US Soccer), for the operation of a mini soccer complex
concession at John Prince Park (Park) extending the time frame to complete
construction within the Park. SUMMARY:
On December 18, 2018, the Board approved the Concessionaire Service Agreement
(Agreement) (R2018-2061) with US Soccer for the construction, operation and
maintenance of a mini soccer complex at John Prince Park for a term of ten
years, with two ten year renewal options. US Soccer proposed capital investment
of $2,088,746 over the course of 30 years.
In March of 2020, US Soccer was ready to move forward with the
construction, but Covid-19 adversely impacted US Soccer operation from
completing the construction within the specified time frame. This first amendment:
i) provides an additional 18 months to complete construction; ii) replaces
Exhibit “B” (Premises) to the agreement and Exhibit “A” (Site Area Map) to the
Development Rider to reflect the location of the four acres; iii) modifies
various provisions of the Development Rider (Exhibit “D”) to account for the
additional time frame; and iv) adds standard County provisions on Criminal
History Records Check, E-Verify employment eligibility and Counterparts. All
other terms and conditions of the agreement shall remain in full force and
effect. The Parks and Recreation Department will continue to have administrative
responsibility for this agreement. (Property & Real Estate Management) District
3 (HJF)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: Work Order No. 21-024 to the annual roofing contract
with Grace Roofing & Sheet Metal Enterprise LLC, DBA Grace Roofing &
Sheet Metal Enterprise (R2021-0330) in the amount of $241,500 for the Water
Utilities Department Digester Buildings 1 & 2 – Roof Replacement project
for a period of 60 days from permit issuance or until the project is complete. SUMMARY:
The work consists of furnishing the labor, equipment, and materials needed
to remove the existing roofing material down to the existing concrete structure
for building 1, down to the existing lightweight insulation concrete for
building 2, and the installation of new roofing on both buildings. The roofing
systems are more than 25 years old, and have outlived their service life. This
project was competitively advertised and new contractors were invited to bid on
the project by submitting prequalification documents prior to the submission of
the bid response. This work order was solicited pursuant to the annual roofing
contract and the requirements of the Equal Business Opportunity Ordinance. The
annual contract was last presented to the Goal Setting Committee on July 15,
2020 and the Committee established Affirmative Procurement Initiatives (API) of
sheltered market for projects under $100,000 or a Small Business Enterprise
(SBE) contractor will be given a price preference if its bid is within 10% of
the lowest non-SBE bid for projects over $100,000. Since this project was over
$100,000, the SBE price preference API was applied. The Contractor is not a
certified SBE. There is no SBE participation on this work order. The overall
SBE participation on the annual roofing contract is 0.99%. The Contractor is
not a local business. Funding for this project is from the Water Utilities
Department Operation and Maintenance fund. (Capital Improvements
Division) District 5 (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: Change Order No. 1 to Amendment No. 2 (R2020-1032)
to the continuing contract with Asset Builders, LLC dba Messam Construction (R2018-1163) to extend the project duration
by 139 additional calendar days for the Belle Glade Senior Center Roof
Replacement project. SUMMARY: On August 14, 2018, the Board of County
Commissioners (Board) approved the continuing construction manager (CM)
contract for construction management services for capital improvement projects
located in the Glades geographical area, in an amount not exceed $2,000,000
(after July 1, increased to $4,000,000 due to changes in the Florida
Statutes). The work authorized under
Amendment No. 2 consists of the removal and replacement of the existing
built-up roofing system with a new modified bitumen, heat welded built-up
roofing system. The project was to be completed within 90 days from notice to
proceed or until final completion. The CM was issued the Notice to Proceed that
established a commencement date of October 1, 2020 for construction phase
services with a substantial completion date of December 30, 2020. Subsequently,
the original subcontractor (Therma Seal Roof Systems,
LLC) to the project left the project and defaulted on their contract with Asset Builders, LLC dba Messam Construction. Change Order No.
1 to Amendment No. 2 authorizes an extension of 139 calendar days to the
project duration for a revised substantial completion date of May 18, 2021.
Since the subcontractor was unable to perform the work, the CM submitted the
request for 139 additional days to solicit bids, establish an agreement with
the new subcontractor and to complete the work authorized under Amendment No.
2. The continuing CM contract was presented to the Goal Setting Committee on
February 20, 2019 and an Affirmative Procurement Initiative (API) of 20% Small
Business Enterprise (SBE) participation was applied to the contract. The CM is
a certified Small/ Minority/Women-Owned Business Enterprise (S/M/WBE). SBE
participation on Amendment No. 2 was 34.46%. To date, including Change Order
No. 1 to Amendment No. 2, the Construction Manager has achieved 34.46% SBE
subcontracting participation for this project. The overall SBE participation on
the continuing CM contract is 55.73%.
The CM is a Palm Beach County business located in South Bay. (Capital
Improvements Division) District 6 (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: Amendment No. 3 to the continuing contract with
Robling Architecture Construction, Inc. (R2020-1690) establishing a Guaranteed
Maximum Price (GMP) in the amount of $2,348,120 for construction management
services for the Water Utilities Department (WUD) Water Treatment Plant (WTP)
No. 3 Generator Storage Pavilion project for a period of 345 calendar days from
notice to proceed or until the project is complete. SUMMARY: On November
17, 2020, the Board of County Commissioners (Board) approved the continuing
contract with Robling Architecture Construction, Inc. for construction
management services for capital projects under $4,000,000. Amendment No. 3
authorizes construction services for a new pre-engineered metal generator
storage pavilion and minor improvements to the existing warehouse building. The
existing generators and materials are located in an outside open storage yard.
Generally, exposing equipment to varying weather conditions reduces the life
span of the equipment causing premature replacement. The new pavilion will
allow for proper storage of the equipment and materials therefore, extending
equipment service life. 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 ten 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 78.18%. To date, the overall SBE
participation for the continuing contract is 63.51%. Robling Architecture Construction, Inc. is an
SBE and is a Palm Beach County business. The funding source for this work is
from the Capital Improvements fund. (Capital Improvements Division) District
5 (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: Change Order No. 1 to Amendment No. 17 (R2020-0308)
to the continuing contract with Robling Architecture Construction, Inc.
(R2016-0762) to extend the project duration by 127 additional calendar days for
the Southern Regional Water Reclamation Facility (SRWRF) Elevator Modernization
project. SUMMARY: On June 21,
2016, the Board of County Commissioners (Board) approved the continuing
construction manager (CM) contract with Robling Architecture Construction, Inc.
for construction management services for capital projects under $2,000,000
(after July 1, increased to $4,000,000 due to changes in the Florida Statutes).
Amendment No. 17 authorized modernization improvements to the existing 4-stop
hydraulic service elevator, including a new hydraulic pump, controller, car
interior and signalization equipment at the SRWRF. The project was to be
completed within 120 days from notice to proceed. The contractor was issued the
Notice to Proceed to commence work on April 20, 2020
with a substantial completion date of August 18, 2020. Change Order No. 1 to
Amendment No. 17 authorizes an extension of 127 calendar days to the project
duration for a revised substantial completion date of December 23, 2020 due to
delays in the permit approval process. The CM achieved substantial completion
on December 23, 2020. The continuing CM contract was presented to the Goal
Setting Committee on February 20, 2019 and an Affirmative Procurement
Initiative of 20% Small Business Enterprise (SBE) participation was applied to
the contract. The CM is a certified SBE. SBE participation on Amendment No. 17
was 11.83%. To date the Construction Manager has achieved 30.77% SBE
subcontracting participation for this project. The overall SBE participation on
the continuing CM contract is 39.74%. The CM is a Palm Beach County business.
(Capital Improvements Division) District 5 (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: Amendment No. 2 with two firms extending the
contract term for one year to provide architectural services on a continuing
contract basis for federally funded projects for the period of June 19, 2021
through June 18, 2022; incorporating standard contract terms; modifying the
hourly rate schedule, and establishing a cumulative limit of $700,000 for the
twelve-month extension.
Contractor Resolution
#
A) Colome & Associates,
Inc. R2018-0904
B) Williamson Dacar
Associates, Inc. R2018-0905
SUMMARY: On June 19, 2018, the Board of County Commissioners (Board) approved the
architectural services continuing contracts for projects funded in whole or in
part from federal funds. On June 16, 2020, the Board approved Amendment No. 1
(R2020-0656 thru 2020-0657), which authorized an extension of the term of these
continuing contracts through June 18, 2021. Amendment No. 2 extends the term of
these continuing contracts for architectural services for projects that are federally
funded through June 18, 2022. To date, the firms have been awarded a cumulative
value of $114,025.77 in task authorizations. The original contract provided for
an initial term of two years with three renewal options each for a period of
one year. Amendment No. 2 will implement the second renewal option of these
contracts through June 18, 2022 with a cumulative limit of $700,000 for the 12-month
extension in order to accommodate additional anticipated new projects.
Additionally, Amendment No. 2 incorporates the County’s standard language
regarding “E-Verify-Employment Eligibility” and modifies the hourly rate
schedule for each consultant. Work is authorized through individual task
assignments when required during the term of these continuing contracts.
Projects under these continuing contracts may be funded in whole or in part by
federal grants from the United States Department of Transportation, Federal
Transit Administration, grants from the Housing and Urban Development Community
Development Block Grant Program or grants or reimbursements from Department of
Homeland Security/Federal Emergency Management Agency. This contract is exempt
from the Equal Business Opportunity Ordinance pursuant to section 2-80.22
thereof. (Capital Improvements) Countywide (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve: continuing contracts with three firms to provide for
environmental assessment services on an as needed basis through June 14, 2026
with a maximum cumulative value of $1,500,000.
Consultant Status SBE or Non-SBE
A) Ardaman & Associates, Inc. Local Non-SBE
B) GHD Services Inc. Non-Local Non-SBE
C) Partner Assessment Corporation Local Non-SBE
d/b/a Partner Engineering and Science, Inc.
.
SUMMARY: The purpose of these continuing contracts is to pre-select consultants
to provide environmental condition assessments, identification of remedial
activities, and related consulting and remediation observation services for
capital improvement or renovation projects countywide. The projects to be
assigned will have a construction value less than $4,000,000 or study activity
limited to $500,000. Consultant fees will be negotiated on an individual basis
for the identified projects. These contracts will be for five years. This
continuing contract was solicited pursuant to the requirements of the Equal
Business Opportunity Ordinance. This continuing contract was presented to the
Goal Setting Committee on November 4, 2020, and the committee established
Affirmative Procurement Initiatives of a 20% mandatory Small Business
Enterprise (SBE) subcontracting goal on the continuing contract and an SBE
evaluation preference for the selection. Ardaman
& Associates, Inc. committed to an SBE participation goal of 25%, GHD
Services Inc. committed to an SBE participation goal of 20% and Partner
Assessment Corporation d/b/a Partner Engineering and Science, Inc. committed to
an SBE participation goal of 33%. S/M/WBE actual participation will be
identified on each consultant services authorization, and will be tracked
cumulatively over all CSA issued under the continuing contract. (Capital
Improvements Division) Countywide (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: Change Order No. 19 to Amendment No. 1 (R018-2062)
to the construction manager at risk contract with James B. Pirtle
Construction Company, Inc. d/b/a Pirtle Construction
Company (R2015-0852) in the amount of $282,387.47 for the Palm Beach Sheriff
Office (PBSO) Forensic Sciences & Technology Facility project. SUMMARY: On December 18, 2018, the
Board of County Commissioners (Board) approved Amendment No. 1 (R2018-2062) to
the contract with Pirtle Construction Company in the
amount of $26,305,228 establishing a Guaranteed Maximum Price (GMP) for
construction of an approximately 87,000 square feet secure lab/office warehouse
facility along with a vehicle impound lot. Change Order No. 19 to Amendment No.
1 authorizes construction services for the installation of a fire sprinkler
pre-action system and a class A bi-directional
amplification (BDA) system. The pre-action system ensures that while water is
released to quench fires in other areas throughout the building, select high
priority areas, particularly labs, clean rooms and data centers, shall remain
dry until the water is actually needed.
As construction neared completion, the County required that the Fire
Department’s radio frequency conductance be tested throughout the building. The
test confirmed that the building has poor radio frequency levels. The Fire
Department requested the installation of the BDA system to ensure
better-quality radio signal strength throughout the two story main building and
the metal impound building. The Construction Manager (CM) was selected pursuant
to the Small Business Enterprise (SBE) ordinance in place at the time. The
original SBE participation on this project was 21.41%. The SBE participation
for Change Order No. 19 is 35.57%. To date, the overall SBE participation on
this project is 22.07%. The CM is not a Palm Beach County Business. The CM is a
not an SBE contractor. This project is funded from the Infrastructure Sales
Tax fund. (Capital Improvements Division) Countywide/District 2
(LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to:
A)
receive and file Standard Form SF-424 and Certifications for the Emergency Solutions
Grants Program Coronavirus (ESG-CV) Program increased from $1,941,176 to
$7,771,659;
B)
receive and file Funding
Approval/Agreement with the U.S. Department of Housing and Urban Development
(HUD) for the Emergency Solutions Grant Coronavirus (ESG-CV) Program increased
from $1,941,176 to $7,771,659; and
C)
approve a budget transfer of $5,830,483 in the Emergency Solutions Grants
Program Coronavirus (ESG-CV) Fund to align the budget with the grant award.
SUMMARY: The
Standard Form SF 424 and grant agreement were executed on behalf of the Board
of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development (HED) in accordance with Agenda Item 6C-3, approved by the
BCC on May 5, 2020. The submission of
Standard Form SF-424 is required by HUD to complete the County’s submission for
the receipt of Federal ESG funds. The grant agreement constitutes the County’s
contract with HUD for $7,771,659 of ESG-CV funding. On April 2, 2020, HUD notified Palm Beach
County of the award of $1,941,176 ESG-CV to respond to the Coronavirus (COVID-19)
pandemic. A funding agreement (R2020-1460) between HUD and Palm Beach County
for this funding amount ($1,941,176) was executed. On June 8, 2020, HUD notified Palm Beach
County of a second allocation of ESG-CV in the amount of $5,830,483. HUD now requires that the two allocations be
combined and a single Standard Form SF 424 and a single funding agreement be
executed for the combined dollar total of $7,771,659. 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
amendment is necessary to adjust the current budget to the authorized funding
level. These are Federal ESG-CV grant funds which require no local match. Countywide
(HJF)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: the seat change of two current members of the Building Code Advisory Board (BCAB).
Current Proposed
Seat No. Seat No.
Appointment Requirement
Nominated By Term Expires
4 1 Wayne Cameron Building Official Building Officials 8/20/22
Association of
Palm
Beach County
2 3 Robert Brown Building
Official Building
Officials 7/06/23
Association of
Palm
Beach County
SUMMARY: The BCAB
was established by a Special Act of the Florida Legislature in 1974, and
amended in 2017. Mr. Wayne Cameron
recently relocated to become the Building Official of the Village of North Palm
Beach, which is located in Commission District 1, and has agreed to serve as
the District 1 representative. Mr. Robert Brown is the Building Official of the
City of West Palm Beach, which is located in part in Commission District 3, and
has agreed to serve as the District 3 representative. The Building Officials
Association of Palm Beach County has nominated Mr. Wayne Cameron to be the
Building Official representative for District 1 in Seat 1, and Mr. Robert Brown
to be the Building Official representative for District 3 in Seat 3. This
Advisory Board has 16 seats, 13 currently filled and 3 vacancies, and a diversity
count of Caucasian: 11 (84%), African-American: 1 (8%) and Asian-American: 1
(8%). The gender ratio (male: female) is 12:1. The nominees, who are existing
members of the Advisory Board, are Wayne Cameron, an Asian-American male, and
Robert Brown, an African-American male. Staff has addressed the need to
increase diversity within our boards and will continue to encourage this in an
effort to expand the Board’s diversity. Countywide (CK)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING (Cont’d)
2. Staff recommends
motion to approve: the appointment of three members to the Building Code Advisory Board (BCAB).
Appointment Seat Requirement Recommended By Term
Michael DiNorscio 5 Building
Official Building
Officials 6/15/21 – 6/14/24
Association
of
Palm
Beach County
Durrani Guy 4 Building
Official Building
Officials 6/15/21 – 6/14/24
Association
of
Palm
Beach County
Scott Wood 2 Building Official Building
Officials 6/15/21 – 6/14/24
Association
of
Palm
Beach County
SUMMARY: The BCAB was established by a Special Act of
the Florida Legislature in 1974, and amended in 2017. The term of office for
Board members is three years with no limit to the number of terms a member may
serve. The Board is comprised of 16 members: one registered architect appointed
from nominees submitted by the Palm Beach Chapter of the American Institute of
Architects; one professional engineer appointed from nominees submitted by the
Palm Beach Chapter of the Florida Engineering Society; seven members appointed
from nominees submitted by any recognized regional industry trade association;
and seven Building Officials, one from each commission district, appointed from
nominees submitted by the Building Officials Association of Palm Beach County
(BOAPBC). The BOAPBC has nominated Michael DiNorscio
to be appointed as Building Official for District 5, Durrani
Guy to be appointed as Building Official for District 4, and Scott Wood to be
appointed as Building Official for District 2. All three nominees are Building
Officials in the District for which they are respectively nominated. This Advisory
Board has 16 seats, 13 currently filled and 3 vacancies, and a diversity count
of Caucasian: 11 (84%), African-American: 1 (8%) and Asian-American: 1 (8%)
male. The gender ratio (male: female) is 12:1. The nominees Michael DiNorsco and Scott Wood are Caucasian males and Durrani Guy is an African-American male. Staff has
addressed the need to increase diversity within our boards and will continue to
encourage this in an effort to expand the Boards diversity. Countywide
(CK)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: an executed Standard Potable Water and
Wastewater Development Agreement with Protea Senior Living
Boca Raton, LLC SDA #09-01095-000 (District 4), Recorded in OR BK 32214 PG
0363. SUMMARY: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants/ procurement
items must be submitted by the initiating Department as a receive and file
agenda item and are attached unless the documents have been recorded in the
Public Records of Palm Beach County. The documents have been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Palm
Beach County Water Utilities Department in accordance with Resolutions
R93-1619, R96-0228, and R2003-0539 and are now being submitted to the BCC to
receive and file. District 4 (MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to:
A)
approve a Utility Work by Highway Contractor Agreement (At Utility Expense)
(UWHCA) with Florida’s Department of Transportation (FDOT) in the amount of
$2,060,000;
B)
authorize the County Administrator or designee to approve increased utility
relocation costs up to a cumulative project cost of $500,000; and
C) approve a $2,060,000 budget
transfer in the Water Utilities Department Capital Improvement Fund to
establish budget for the At Utility Expense.
SUMMARY: FDOT is
proposing improvements to Lake Worth Road from the Palm Beach State College
Entrance to Raulerson Drive. These improvements
include pavement widening and milling and resurfacing of Lake Worth Road. A
report prepared by Mock, Roos & Associates, Inc., (MRA) made recommendations
to replace the existing system of force mains within Lake Worth Road that have
reached their useful service life with a new single force main of sufficient
capacity to support not only existing demands but potentially future demands as
adjacent unsewered properties connect to the
wastewater collection system. The improvements to the force main will be
incorporated into this FDOT project to minimize disruption to traffic and
redundant surface restoration activities, resulting in cost savings to Palm
Beach County. The proposed roadway improvements will also necessitate valve
replacements and adjustments to final roadway grade. In order to include the
replacement and adjustment of those facilities owned and maintained by Palm
Beach County Water Utilities Department (PBCWUD) within the road improvement
project, FDOT requires PBCWUD to enter into a UWHCA to reimburse FDOT for the
work. The utility relocation plan was prepared by MRA and the construction will
be performed by FDOT’s contractor. The UWHCA, based on the engineer’s cost
estimate, is $2,060,000. In certain circumstances, the lowest responsive and
responsible bid for the utility work to be undertaken as part of the FDOT
project is higher than the authorized amount of the UWHCA. If the bid exceeds the official cost estimate
by more than 10%, the County is required to notify FDOT in writing within ten
days if the work will still be performed as part of the road improvement
project or if the utility will elect to have the utility work removed from the
FDOT contract. Given the complexity of the project, removal of the utility
relocation work would result in project delays, oversight conflicts, and additional
project costs. Therefore, staff recommends the Board of County Commissioners
(BCC) authorize the County Administrator or designee to approve any increase in
utility relocation costs up to a cumulative project cost of $500,000. (PBCWUD Project No.
20-076) District 2 (MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 6 to the
Consulting/Professional Services Water Treatment and Water Resources
Engineering Services Contract (Contract) with CDM Smith Inc., (Consultant) for
the Consumptive Use Permit Renewal Support (Project) for a not to exceed amount
of $317,536.60. SUMMARY: On November
17, 2020 the Board of County Commissioners approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract (R2020-1719) with Consultant. CSA No. 6
provides for professional engineering services relating to renewal of the
Consumptive Use Permit. These services include, data collection, groundwater
modeling, meetings, preparing a water conservation plan, and submitting the
permit application. This Contract was
procured under the requirements of the Equal Business Opportunity Ordinance. On
September 18, 2019, the Goal
Setting Committee applied an Affirmative Procurement Initiative (API) of a
minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal and
an evaluation preference for up to 15 points based upon the relative level of
dollar participation by certified SBE firms were the API applied to the
Contract. The Contract provides for 21%
SBE participation which includes 19% M/WBE participation, 19% MBE (B). CSA No.
6 includes 58.84% SBE participation which includes 0% M/WBE participation, 0%
MBE (B). The SBE participation including CSA No. 6 is 55.57% SBE, which
includes 0% MBE (B). While Consultant is headquartered in Boston,
Massachusetts, they maintain an office in Palm Beach County from which the
majority of the work under this Project will be performed. This project is
included in the PBCWUD FY21 Budget. (PBCWUD Project No. 21-015) Districts 1,
2, 3, 5 & 6 (MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve:
A)
an Interlocal
Agreement with the Town of Lake Clarke Shores (Town) relating to the
installation of a new water main along Lawrence Road, south of Lantana Road;
B)
a
contract with Hinterland Group Inc. (Contractor) for the Town of Lake Clarke
Shores (Town) Lawrence Road 12-inch Water Main Extension (Project) in the
amount of $735,491.70; and
C) a $735,492 budget amendment
in the Water Utilities Department Capital Improvement Fund to establish budget
for the Contract and Revenue from the Interlocal Agreement.
SUMMARY: On March 2, 2021, the Palm Beach County Water
Utilities Department (PBCWUD) received four bids for the Project. The
Contractor was the lowest responsive and responsible bidder in the amount of
$735,491.70. The Project provides for the
installation of approximately 4,000 linear feet of water main, installation of
an aerial canal crossing, fire protection, and site
restoration within the Town’s south service area. Per the
Interlocal Agreement, PBCWUD will be responsible for the bidding, awarding, and administrative services during
construction of the Project, and the Town will be responsible for the
costs associated with the improvements and for construction management services
related to the Project. The water main improvements will be owned, operated,
and maintained by the Town. The Project is partially
funded through the Palm Beach County Department of Housing and Economic
Sustainability in the amount of $125,000 under the grant from the United States
Department of Housing and Urban Development to Palm Beach County through the
Community Development Block Grant Program. Federally funded projects are
subject to the federal Disadvantaged Business Enterprise (DBE) requirements and
local governments are precluded from requiring local preferences during the
solicitation. As a result, this Project has a participation goal of 22.4% MBE
and 6.9% WBE. Per federal requirements, the Contractor undertook a good faith
effort to identify and include DBE participants in this Project. DBE
participation will be tracked as part of the Contract. Contractor is a Palm
Beach County based company. The Project is included in the FY21 budget. (PBCWUD
Project No. 21-019) District 3 (MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: Amendment No. 1 to the Palm Beach County Water Utilities Department (PBCWUD) 2019 Pipeline Continuing Construction
Contract (Contract) with Johnson–Davis Incorporated (Contractor) to increase
the Contract amount by $6,000,000 to $19,797,132.75. SUMMARY: On February 11, 2020, the Board of County Commissioners
approved the Contract (R2020-0160) with the Contractor in the amount of
$13,797,132.75 for a three year term. Since March 15, 2020, PBCWUD has
undertaken a total of $10,039,864.16 of authorized work under the Contract. The
requested Amendment No. 1 shall increase contract funding to $19,797,132.75.
The proposed increase of funds will allow for the continuation of necessary
services to expedite utility special assessment projects, repair and
construction activities on water, wastewater and reclaimed water pipelines
throughout PBCWUD’s service area where timing is critical. Work will be
assigned during a three year period by Work Authorizations (WA) drawn against
the Contract, subject to approval pursuant to the requirements of PPM CW-F-050.
The unit prices contained in the Contract will be used to determine the amount
of each WA. The Contract was presented to the Goal Setting Committee on April
3, 2019, and a minimum mandatory 20% SBE subcontracting goal was the
Affirmative Procurement Initiative applied to this Contract. The Contract
provides for 20.07% SBE participation. Contractor is a Palm Beach County based
Company. (PBCWUD Project No. 19-040) Countywide (MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
6. Staff recommends motion to approve:
A)
Work Authorization (WA) No.
10 to the 2019 Pipeline
Continuing Construction Contract (Continuing Contract) with Centerline
Utilities, Inc., (Centerline) for the Project in the amount of $1,742,669.25;
and
B) a $1,050,520 budget
amendment in the Water Utilities Department Capital Improvement Fund to
establish budget for WA No. 10 and the revenue received from the Westgate Community Redevelopment Agency
(CRA).
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. 10 provides for the
installation of approximately 4,900 linear feet of 8-inch water main, associated
fire hydrants, water services, and 3,600 linear feet of storm drainage pipe
varying in sizes within the Belvedere Heights residential community located in
West Palm Beach. The majority of the work under WA No. 10 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 of the work or an
Emergency Procurement. The BCC approved the Emergency Procurement for Phase 1
and 2 of the Belvedere Heights Water Main Replacement Project on March 9, 2021.
The County and the CRA entered into an Interlocal Agreement (ILA) dated March
9, 2021 (R2021-0356) regarding utility construction. The County and 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 ILA, 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 Contract provides for 20.05% SBE participation, which includes
10.29% M/WBE participation, 6.51 MBE (H) and 3.78% MBE (B). WA No. 10 includes 20.71% SBE participation
which includes 6.02% M/WBE participation, 6.02% MBE (H), and 0% (B). The
cumulative SBE participation including WA No. 10 is 20.48% SBE which includes
8.61% M/WBE, 8.61% (H), and 0% (B).
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. 10
will be undertaken. The Project is
included in the PBCWUD FY21 budget. (PBCWUD Project No. 20-028) District 2
(MJ)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
A) approve the Detailed Work Plan Budget – Arthropod
Control (Budget) and Operational Work Plan for Mosquito Control (Work Plan) for
the State Financial Assistance Recipient Agreement (Agreement) with the Florida
Department of Agriculture and Consumer Services (FDACS) for fiscal year
beginning October 1, 2021 and ending September 30, 2022; and
B) authorize the County
Administrator or designee to sign the Agreement and Budget, when received by
FDACS, and all future time extensions, task assignments, certifications, and
other forms associated with the Agreement, and any necessary minor amendments
that do not substantially change the scope of work, terms, or conditions of the
Agreement.
SUMMARY: The Budget and Work Plan are due to FDACS by July 15, 2021, as part of
the re-application process for state aid for FY2022. The current Agreement No.
27303 was approved by the Board of County Commissioners on December 8, 2020
(R2020-1819), for an amount not to exceed $50,689. The County anticipates
receiving a new agreement for FY2022 from FDACS in September, with the current
funding amount of $50,689, providing for state aid in quarterly installments to
support mosquito control activities as approved by FDACS. Countywide
(SS)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A)
approve Contract No. 20306
with the State of Florida, Florida Fish and Wildlife Conservation Commission
(FWC) (Contract) providing an amount not to exceed $999,999 of funding
assistance, to implement a Hurricane Irma Fisheries Disaster Recovery Grant
Agreement NA19NMF0220003, funded by the National Oceanic and Atmospheric
Administration (NOAA), for the Tarpon Cove Estuarine Habitat Restoration
Project (Project) in the Lake Worth Lagoon, for a term beginning May 18, 2021,
or upon execution, whichever is later, and expiring June 30, 2023; and
B) authorize the
County Administrator or designee to sign all future time extensions, task
assignments, certifications, and other forms associated with the Contract, and
any necessary minor amendments that do not substantially change the scope of
work, terms, or conditions of the Contract.
SUMMARY: The Contract provides pass through federal
funding awarded by NOAA and will pay the County on a cost reimbursement basis
in an amount not to exceed $999,999 for supplying sand to create seagrass and
mangrove habitat, and supplying limestone rock to construct rock breakwaters to
protect mangrove islands and create oyster reef habitat as part of the County’s
Project. The federal funding requires no match. This Contract (R2021-0695) and
budget amendment were previously approved by BCC on May 18, 2021 for
$1,000,000, however prior to FWC’S execution, FWC requested a reduction of the
agreement by $1 to $999,999 to meet FWC end of the year encumbrance
requirements for the grant, and therefore this revised agreement is being
brought back to the Board for approval. The Contract contains an
indemnification provision that differs from that adopted for use by the County
under PPM CW-F-049. Although the language does indicate that each party shall
be solely responsible for the negligent or wrongful acts of its employees and
agents, there is no language that states each party shall indemnify, defend and
hold harmless the other party against actions, claims or damages arising out
the party’s negligence in connection with the Contract. In accordance with PPM
CW-F-049, the Risk Management Department and the County Attorney’s Office have
reviewed the terms and agreed to the deviations, taking into consideration the
County’s financial commitment to the project, the amount of the grant award,
County’s performance with similar work and liability for its acts, and the
non-waiver of sovereign immunity beyond the statutory caps of 768.28, Florida
Statutes. There is no cost to the
County. Districts 2 & 7
(SS)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A)
approve Contract No. 20307
with the State of Florida, Florida Fish and Wildlife Conservation Commission
(FWC) (Contract) providing an amount not to exceed $999,999 of funding
assistance to implement a National Coastal Wetlands Conservation Grant Program
Grant Agreement FL-C-F19AP00204, funded by the U.S. Fish and Wildlife Service
(USFWS), for Tarpon Cove Estuarine Habitat Restoration Project (Project) in the
Lake Worth Lagoon, for a term beginning May 18, 2021, or upon execution,
whichever is later, and expiring June 30, 2023; and
B) authorize the County Administrator or designee
to sign all future time extensions, task assignments, certifications, and other
forms associated with the Contract, and any necessary minor amendments that do
not substantially change the scope of work, terms, or conditions of the
Contract.
SUMMARY: The Contract provides pass through federal
funding awarded by USFWS and will pay the County on a cost reimbursement basis
in an amount not to exceed $999,999 for supplying limestone rock to construct
rock breakwaters to protect mangrove islands and create oyster reef habitat as
part of the Project. This Contract (R2021-0696) and budget amendment were
previously approved by BCC on May 18, 2021 for $1,000,000, however prior to
execution, FWC requested a reduction of the agreement by $1 to $999,999 to meet
FWC end of the year encumbrance requirements for the grant, and therefore this
revised agreement is being brought back to the Board for approval. The County committed to a match of $361,574,
of which, $180,787 comes from Florida Department of Environmental Protection
(FDEP) Agreement No. LP50202 (R2017-0082) and the remaining $180,787 from the
Manatee Protection Fund, which has already been submitted for work completed
during the period of July 1, 2019 through June 30, 2020. The costs are shared
between FWC 74.4%, FDEP 13.3%, and County 13.3%. The Contract contains an indemnification
provision that differs from that adopted for use by the County under PPM
CW-F-049. Although the language does indicate that each party shall be solely
responsible for the negligent or wrongful acts of its employees and agents,
there is no language that states each party shall indemnify, defend and hold
harmless the other party against actions, claims or damages arising out the
party’s negligence in connection with the Contract. In accordance with PPM
CW-F-049, the Risk Management Department and the County Attorney’s Office have
reviewed the terms and agreed to the deviations, taking into consideration the
County’s financial commitment to the project, the amount of the grant award,
County’s performance with similar work and liability for its acts, and the
non-waiver of sovereign immunity beyond the statutory caps of 768.28, Florida
Statutes. Districts 2 & 7 (SS)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) License Agreement with Global Music Rights,
Inc. (GMR) for the period May 1, 2021 through June 30, 2022, with automatic
annual renewals, in an amount not to exceed $9,000 to provide public
performances including live performances, recorded performances, and music, in
the GMR repertory; and
B) an addendum to the License Agreement with GMR,
which amends the License Agreement to comply with County’s standard contract
terms and provisions.
SUMMARY: GMR is one of four performing rights
licensing organizations representing copyrighted musical works in the United
States. The County currently has agreements with American Society of Composers,
Authors and Publishers, Society of European Stage Authors and Composers, and
Broadcast Music, Inc. This agreement
provides for the County to present an entire musical performance spectrum of
performances, excluding Tribute Bands, in the GMR repertoire, within various
venues in the County, in accordance with copyright laws, and provides for
retroactive payment from May 1, 2021, which allows the County to play music
from GMR’s repertoire from that date. The License Agreement is for an initial
one year term with automatic renewals with rate increases possible upon
commencement of the next renewal period. Either party can terminate this
License Agreement at any time, with 30 days written notice prior to the end of
the initial or any renewal term. The Addendum amends the License Agreement by
adding the County’s standard contract terms and provisions such as e-verify
language. The License Agreement and Addendum have been executed on behalf of
GMR, and now needs to be approved by the Board of County Commissioners. Countywide (AH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends motion to:
A) accept the donation of $115,000 from the Friends of the
Mounts Botanical Garden, Inc. (Friends) to fund the costs associated with
hosting the traveling art exhibit sculptures known as Nature POP!, by Imagine
Exhibitions, Inc.;
B) approve the
allocation of $2,210 for PBC Art in Public
Places (AiPP) fees for assistance with exhibit
curation, contract management, and coordination with Risk Management; and
C) approve a budget amendment in the Cooperative
Extension Revenue Fund (Fund 1482) in the amount of $117,210.
SUMMARY: The Friends
voted for Palm Beach County to host and display Artist Sean Kenney’s Nature
POP! art exhibition at the Mounts Botanical Garden of
Palm Beach County (MBG). The $117,210 donation is to pay the costs associated
with hosting the Nature POP! exhibit at the MBG from
January 16, 2022 through May 16, 2022 and fees associated with AIPP. These costs include payment of the artist,
shipping of the exhibit, installation costs, and an AiPP
fee. The Aipp
fee of $2,210 includes exhibition curation, Risk Management coordination, and
contract administration. District 7
(AH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to receive and file: fully executed Task Order #7 to Contract
R2017-0764 with Woolpert, Inc. in the amount of
$82,500 for the 2021 Palm Beach County Coastal Orthophotography
Program. SUMMARY: Woolpert, Inc. provides geospatial services such as planimetric
mapping, digital orthophotography, LiDAR processing and GPS survey in support
of the County’s Geographic Information System.
Task Order #7 was initiated by the Environmental Resources Management
Department for the consultant to provide coastal orthophotography.
The Chief Information Officer approved Task Order #7 by delegated authority
with R2017-0764, dated June 6, 2017. This contract was solicited and entered
into under the now-repealed and replaced SBE ordinance, with an SBE
aspirational goal for this contract of 15%.
Task Order #7 includes 0% participation due to the highly specialized
task. Woolpert,
Inc.’s SBE contractor performs specific tasks and the County has not requested
any of these services under the contract, therefore the cumulative SBE
participation including Task Order #7 is 0%. Countywide (DB)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following Declarations and Emergency Order (EO) related to COVID-19:
A)
Declaration of Continuing
State of Emergency PBC, FL, dated April 8, 2021;
B)
Declaration of Continuing
State of Emergency PBC, FL, dated April 14, 2021;
C)
EO Number 4 (2021-004),
extension of facial covering directive, dated April 15, 2021; and
D)
Declaration of Continuing
State of Emergency PBC, FL, dated April 20, 2021
SUMMARY: On March 9, 2020, the Governor issued
Executive Order No. 20-52 declaring a State of Emergency in the State of
Florida based on the on–going risk posed by COVID-19. The County issued a State
of Local Emergency on Friday, March 13, 2020. The local emergency is ongoing
and the declarations of continuing the State of Local Emergency are necessary
to initiate emergent actions taken by the County Administrator to ensure the
health, safety and welfare of the community. With the executed State of
Local Emergency, resources are available through the Coronavirus Aid, Relief,
and Economic Security Act and/or Federal Emergency Management Agency Public
Assistance. Staff are able to purchase equipment, materials, supplies, and open
non-congregate shelters for residents and persons who may be in need of
isolation. Furthermore, Emergency Order
2021-004, extended the directive on wearing facial coverings an additional 30
days. Countywide (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) receive and file Modification
#1 to Federally-funded Subgrant Agreement (A0111)
with the State of Florida, Division of Emergency Management for the FY2020-21
Emergency Management Preparedness and Assistance (EMPA) grant agreement to
receive an additional $5,500 bringing the grant total to $111,306, and
B) approve
a budget amendment of $5,500 in the Emergency Management Preparedness and
Assistance Fund to adjust the budget to the increased award amount of $111,306.
SUMMARY: The EMPA grant (CSFA #31.063) is a state funded grant that recurs
annually. On October 20, 2020, the County received the
EMPA Subgrant Agreement (A0111) in the amount of
$105,806 to further enhance emergency planning, response, mitigation, and
recovery in the County. Modification #1 to this agreement increases the
initial EMPA grant award by $5,500 to help pay for fees associated with the
Emergency Management Accreditation Program (EMAP) for the County’s Division of
Emergency Management (DEM). The EMAP is
an internationally recognized standard that focuses on public sector emergency
management best practices. The standard promotes quality in DEM programs and
requires an all-hazard and whole community approach to be consistent with DEM’s
priorities. R2012-1731 dated November 20, 2012, gave authority to the County
Administrator or designee to execute this agreement on behalf of the Board of
County Commissioners. The EMPA grant requires a match at the
lesser of the Division of Emergency Management's general revenue funding
average for the last three fiscal years or the level of funding for the last
fiscal year. Countywide (LDC)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to receive and file: executed fourth amendments with the
Fifteenth Judicial Circuit Court (Court) which adds language certifying that
providers will utilize the U.S. Department of Homeland Security’s (DHS)
E-Verify system:
A)
Fourth Amendment to
Agreement for Expert Psychological or Professional Services in Adult and/or
Juvenile Criminal Matters, Agreement #R2017-1383; and
B)
Fourth Amendment to
Agreement for Expert Psychological or Professional Services in
Guardianship/Examining Committee Matters, Agreement #R2017-1384.
SUMMARY: The Court
has an agreement for services with the Division of Justice Services’ Court
Psychology Office to provide and be compensated for court-ordered forensic
evaluations and testimony services. The original agreement was signed for the
period July 5, 2017 through June 30, 2019. The first amendment extended the
contract to December 31, 2019, the second amendment extended the contract to
June 30, 2020, and the third amendment extended the contract to June 30, 2021.
This fourth amendment adds language certifying that providers agree to utilize
the DHS E-Verify system to verify the employment eligibility of all new
employees hired during the term of these Agreements. The Board of County
Commissioners approved Agenda Item, R2005-0792 authorizing the County
Administrator or designee to sign agreements to provide psychological services
to the Court. The fourth amendments have been approved and signed for legal
sufficiency by the County Attorney’s Office. Countywide (SF)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to:
A) adopt a Resolution of the Board of County Commissioners of Palm
Beach County, Florida, approving the submission of a Section 5311 Formula grant
application for $353,821 to partially offset the operational costs for Routes
40 and 47 in the Glades Region, as administered by the Florida Department of
Transportation (FDOT); and
B) authorize the Mayor of the Board of
County Commissioners to execute the grant application, supporting documents,
and assurances.
SUMMARY: FDOT has notified Palm Tran of an allocation of Section 5311 grant funds
for mass transit operating assistance in non-urbanized areas. If awarded, the grant will partially offset
the operating costs of Palm Tran’s fixed route service in the Glades Region of
Palm Beach County. The application is
for $353,821 in grant funds, which require a local match of $353,821 (50% of
project) for a total project cost of $707,642.
The Grant match is included in the proposed FY 2022 Budget. The grant
application contains an indemnification provision that differs from that
adopted for use by the County under PPM CW-F-049. The grant requires the County,
to the extent permitted by law and in accordance with the provisions of Section
768.28, Florida Statutes, to indemnify, defend and hold harmless FDOT and all
of its officers, agents and employees from any claim, loss, damage, cost,
charge, or expense arising out of the County’s non-compliance with the
application’s assurances, including that of its officers, agents, or employees.
An exception to the PPM has been
recommended by the Risk Management Department and the County Attorney’s Office,
taking into consideration the County’s need to provide the services, the amount
of the grant award, the County’s current performance of such services and
liability for its acts, and the non-waiver of sovereign immunity beyond the
statutory caps of Section 768.28, Florida Statutes. The indemnification obligation must also be
passed on to contractors and/or consultants. District 6 (MM)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff recommends
motion to approve:
A) a contract for Provision of Services with
Prime Time Palm Beach County, Inc. for the period June 21, 2021, through
September 30, 2021, in an amount not to exceed $170,000 for connecting summer
camps for low income children to expanded learning opportunities; and
B) a budget transfer
of $83,505 in the General Fund from the Evidence-Based Programming unit (Unit
1451) to fund the cost of programming associated with this Contract.
SUMMARY: The funding provided under this contract will allow Prime Time to make
connections with summer camps to offer expanded learning opportunities to youth
attending summer camps. This contract includes
reporting measurements specific to Prime Time.
After completion of the contract year, a report will be generated
detailing Prime Time’s progress in meeting their performance measurements. Countywide
(HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
(Cont’d)
2. Staff recommends
motion to receive and file: four contracts for Professional Services
with the following Doctoral Psychology Interns to
complete a required 2,000-hour internship that will provide the interns
training and experience in family and youth counseling for the period August 2,
2021, through July 29, 2022:
A)
Cristan Lin (f/k/a Cristan
Barber) in the amount of $26,420;
B)
Maria Chiriboga in the amount of $26,420;
C)
Emily Deming in the amount of $26,420; and
D)
Monica Mendes in the amount of $26,420.
SUMMARY:
The Youth Services
Department’s Residential Treatment and Family Counseling Division (Division) is
an authorized counselor training facility for many state colleges and
universities offering degrees in psychology, and social work. Doctoral programs
require internships to meet degree and licensing requirements. The Division is offering its program as a
location to obtain this training. Each
intern, at a minimum, is assigned and completes the workload equivalent of a
Therapist. The hourly base rate of a Therapist is $23.11 versus the hourly
intern rate of $12.96. Additionally,
each intern will receive a $500 stipend for health insurance. On September 11,
2012, Agenda Item 3X-3 authorized the County Administrator or designee to
execute future doctoral psychology intern contracts on behalf of the Board of
County Commissioners, after approval of legal sufficiency by the County
Attorney’s Office, and within budgeted allocations. The contracts span two
fiscal years. Sufficient funding is included in the current budget and in the
proposed FY2022 budget to meet the County obligations. Countywide (HH)
JUNE 15, 2021
3. CONSENT
AGENDA APPROVAL
CC. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed
Palm Beach County FY2021 Grant Agreement in the amount of $75,000 managed by
the Palm Beach County Sports Commission, Inc on behalf of the Palm Beach County
Tourist Development Council with Children’s Healthcare Charity, Inc. for the
promotion of the Honda Classic, held from March 15 - 21, 2021. The grant
agreement was approved by the Tourist Development Council on November 12, 2020
for a term of September 15, 2020 – June 21, 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 7,000 room nights and funded
an event which promoted sports tourism in Palm Beach County. District 1
(LDC)
* * * * * * * * * * * *
JUNE 15, 2021
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve the
following Secondary Service
Provider Emergency Medical Service (EMS) Certificates of Public Convenience and
Necessity (COPCNs) for the period July 1, 2021 through June 30, 2027 that met the
EMS Ordinance application requirements, recommended by the EMS Advisory
Council, and met the need for the proposed service in the request area:
1.
Atlantic/Palm Beach Ambulance, Inc. d/b/a American Medical Response (AMR)
- Service
area to include all of Palm Beach County.
2. Medics
Ambulance Service, Inc. (Medics)
-
Service
area to include all of Palm Beach County.
3. Health
Care District of Palm Beach County (HCDPBC) (with conditions)
-
Service
area is limited
to HCDPBC patients needing transports from Lakeside Medical Center
to other HCDPBC facilities and specialized treatment centers and HCDPBC
patients needing transports to and from the JFK North Addiction Stabilization
Unit within Palm Beach County.
4. MCT
Express, Inc. d/b/a All County Ambulance (All County Ambulance)
-
Service
area to include all of Palm Beach County.
B) deny the
following Secondary Service Provider EMS COPCN for the period July 1, 2021
through June 30, 2027, based on an evaluation of countywide EMS services, the
applications, and data and information collected, and the recommendations of
the EMS Advisory Council:
1.
Century Ambulance Service, Inc.
C) deny the
following Secondary Service
Provider EMS COPCNs for the period July 1, 2021 through June 30, 2027, based on
an evaluation of countywide EMS services, the applications, and data and
information collected, the recommendations of the EMS Advisory Council, and
that the EMS Ordinance application requirements were not met:
1.
National Health Transport, Inc.
2.
Rapid Response Medical Transportation, LLC
JUNE 15, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
A. PUBLIC SAFETY (Cont’d)
1. SUMMARY: In
accordance with Palm Beach County Code, Chapter 13, Article II, EMS Ordinance,
any agency desiring to provide secondary Advanced Life Support transport
services and ALS/Basic Life Support Inter-facility transport services must
submit an application to the County and meet the requirements for issuance of a
COPCN. Applications for secondary
provider COPCNs are issued every six years for a six-year term. Since 2000, AMR and Medics (owned by the same
parent company) have been the recipient of the secondary provider COPCNs in
Palm Beach County, which expire June 30, 2021.
Seven applications for secondary provider COPCNs were received. The EMS Ordinance Administrator’s
responsibilities include reviewing the applications for compliance with the EMS
Ordinance application requirements, consideration of the need for the proposed
service in the requested area, and preparing a report with recommendations for
the EMS Advisory Council (Council).
Consideration of the need for the proposed services was primarily based
on data collected from the current service providers for a two-year period,
survey information, and additional research performed. The initial
Administrator’s report included the following: 1) Approval of secondary provider COPCNs to AMR, Medics, and the
HCDPBC (with conditions); and 2)
Denial of secondary provider COPCNs to All County Ambulance, Century Ambulance
Service, Inc., National Health Transport, Inc., and Rapid Response Medical
Transportation LLC for not finding convincing evidence there was a need for the
proposed service offered. Furthermore,
National Health Transport, Inc. and Rapid Response Medical Transportation, LLC
failed to meet the EMS Ordinance application requirements which also supports
denial of their applications. The
Administrator’s report with the recommendations on all applications was
subsequently submitted to the Council for their review and
recommendations. On May 13, 2021, the
Council reviewed the Administrator’s report on all seven applications and heard
oral presentations from each company, with the exception of Rapid Response Medical
Transportation, Inc. Out of the 17
Council members voting, the Council voted to recommend approval of 4 secondary
provider COPCN applications to the Board of County Commissioners with the votes
as follows:
1.
AMR (17 - yes, 0 - no)
2.
Medics (17 - yes, 0
- no)
3.
HCDPBC (17 - yes, 0
- no)
4
All County Ambulance (10 - yes, 7
- no)
The Council voted to recommend denial of three
secondary provider COPCN applications to the BCC with the votes as follows:
1.
Century Ambulance Service, Inc. (8
- yes, 9 - no),
2.
National Health Transport, Inc. (1
- yes, 16 - no)
3.
Rapid Response Medical Transportation LLC (0
- yes, 17 - no)
At the EMS Council meeting, several Council members
from the hospitals expressed concerns regarding delayed response times from the
current providers. Therefore, the
Administrator held discussions with the several hospital Chief Executive
Officers (CEOs) on the EMS Council who represent all hospitals who are the
primary users of the service to gain a better understanding of the issues as
well as conducted further research.
Based on the additional data gathered along with supporting arguments by
the hospital CEO’s on the need for additional providers, the Administrator
supports the Council’s recommendation of approving the four secondary provider
COPCN applications and denying three secondary provider COPCN applications as
referenced in the motion and title of this agenda item. Countywide (SB)
JUNE 15, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
B. COMMISSION ON ETHICS
1. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 2, Article XIII, "The Palm Beach County Code of Ethics" as amended; amending section 2-442 (definitions) amending section 2-443 (Prohibited Conduct); amending section 2-444 (Gift Law); amending section 2‑446 (Ethics Training); amending section 2-448 (Administration, Enforcement and Penalties); providing for a Savings Clause; providing for Repeal of Laws in Conflict; providing for Severability; providing for Inclusion in the Code of Laws and Ordinances; providing for Enforcement; providing for Penalties; and providing for an effective date. SUMMARY: The Board of County Commissioners adopted the Palm Beach County Code of Ethics Ordinance as a Countywide Ordinance in May of 2011, in accordance with the County Charter. The Charter amendments, which were approved by the voters in November 2010, also called for the establishment of a drafting committee to review and recommend proposed changes to the Commission on Ethics Ordinance. These amendments were proposed by the Commission on Ethics and recommended for approval by the ordinance review committee. The amendments would amend the definition of lobbyist to include those who register in the county's central lobbyist registry or with any municipality; amend the definition of employee to include volunteers when such volunteers exercise discretionary police, fire, or parking enforcement department authority; amend the definition of employee to include the chief executive officer of the county or any municipality, who is not part of the local governing body; amend the definition of employee to include “privatized" chief administrative officers or chief executive officers and officer, directors, and employees of any entity utilized by the county or municipality to provide such services; amend the definition of employee to not include local government attorneys who are not actual employees of the county or a municipality but contract for these services, as defined in Section 112.313, Florida Statutes, or attorneys who render contracted services to the county or municipality that are limited in scope to a specific issue or subject, to specific litigation, or to a specific administrative proceeding; amend the definition of vendor to include definition of currently sells; amend the prohibited persons or entities which cannot receive special financial benefit to include any organization of which the official or employee is an officer or director; amend the prohibited persons or entities which cannot receive special financial benefit to not apply to any official or employee who is required to serve on the board of directors of any organization solely based on their official position (ex officio), regardless of whether they have voting rights on the board, and who receives no financial compensation for such service on the board of directors, and otherwise has no personal ownership interest in the organization; require state reporting individuals to file a copy of their quarterly gift forms within ten days to the Commission on Ethics; and remove the prohibition on officials and employees using county/municipal resources in solicitation of charitable contributions. Countywide (HJF)
JUNE 15, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
B. COMMISSION ON ETHICS (Cont’d)
2. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of
Palm Beach County, Florida, amending Chapter 2, Article V, Division 8 of the Palm Beach County
Code, the Palm Beach County Commission on Ethics Ordinance, as amended; amending section 2-255 (Membership, Qualifications,
Terms, Vacancies); amending section 2-256 (Applicability of Code of Ethics Ordinance); amending section 2-257 (Organization); amending section
2-258 (Powers and Duties); amending section 2-258.1 (Extended Jurisdiction by lnteragency Agreements); amending section 2-259 (Financial
Support For The Commission); amending section 2-260 (Procedure on Complaints
Filed); amending section 2-260.1 (Public Hearing Procedures); amending section 2-260.2 (Notification And
Referral To Other Authorities); amending section 2-260.3 (Dismissal of
Complaints); amending section 2-260.4 (Frivolous or Groundless Complaints);
amending section 2-260.8 (Statute of Limitations); amending section 2-260.9
(Advisory Opinion); providing for a Savings Clause; providing for Repeal of
Laws in Conflict; providing for Severability; providing for Inclusion in the
Code of Laws and Ordinances; providing for Enforcement; providing for Penalties;
and providing for an effective date.
SUMMARY: The Board of County Commissioners adopted
the Palm Beach County Commission on Ethics Ordinance as a countywide Ordinance
in May of 2011, in accordance with the County Charter. The Charter amendments,
which were approved by the voters in November 2010, also called for the
establishment of a review committee to review and recommend proposed changes to
the Commission on Ethics Ordinance. This amendment was proposed by the Commission on Ethics and recommended
for approval by the ordinance review committee. These
amendments would create a removal process for commissioners due to violation of
any of the provisions listed in sec. 2-255(e); amend chair and vice-chair terms
from two years to one year; provide for payment of advocates needed to present
case where Commission on Ethics is seeking sanctions at the current hourly rate
established by the county for outside legal services; provide for payment of
hearing officers or special magistrates in accordance with the current schedule
established by the county for hearing officers
or special magistrates; require hearing officer
or special magistrate to conducting final public hearings; require the
Commission on Ethics Commissioners to determine appropriate penalty and render
final order if the hearing officer or special magistrate finds a violation has
been committed. ; and amend schedule for
non-state reporting individuals to report qualified gifts from fiscal year to
calendar year. Countywide (HJF)
JUNE 15, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
B. COMMISSION ON ETHICS (Cont’d)
3. Staff recommends motion to adopt: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Chapter 2, Article VIII, of The Palm Beach County Code, The Palm Beach County Lobbyist Registration Ordinance, as amended amending section 2-352 (Definitions); amending section 2-353 (Registration and Expenditures); amending section 2-354 (Record of Lobbying Contacts); amending section 2-355 (Cone of Silence); amending section 2-357 (Penalties); providing for a Savings Clause; providing for Repeal of Laws in Conflict; providing for Severability; providing for Inclusion in the Code of Laws and Ordinances; providing for Enforcement; providing for Penalties; and providing for an Effective Date. SUMMARY: The Board of County Commissioners adopted the current version of the Palm Beach County Lobbyist Registration Ordinance in December of 2011. These amendments were proposed by the Commission on Ethics and recommended for approval by the ordinance review committee. These amendments revise certain definitions to match the terminology used in the Code of Ethics; remove the requirement of reporting of expenditures by lobbyists who had no expenditures over $25 annually per principal; provide for a permanent suspension from lobbying after three or more violations of any provisions of the Lobbyist Registration Ordinance; and allow for a petition for reinstatement to be filed with the Commission on Ethics 365 days after permanent suspension is ordered. Countywide (HJF)
JUNE 15, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners of
Palm Beach County Florida amending Chapter 6, Article I, of the Palm Beach
County Code of Ordinances (Ordinance 2015-030); amending Section 6-2 of the
Palm Beach County Code (Anchoring or Mooring of Floating Structures); amending
Section 6-2(B) of the Palm Beach County Code (Applicability); amending Section
6-2(C) of the Palm Beach County Code (Definitions); amending Section 6-2(D) of
the Palm Beach County Code (Prohibition of Floating Structures); amending
Section 6-2(E) of the Palm Beach County Code (Enforcement; Penalties); adding
Section 6-2(E) of the Palm Beach County Code (Exceptions); providing for repeal
of Laws in Conflict; providing for severability; providing for inclusion in the
Code of Laws and Ordinances; providing for captions; and providing for an
effective date. SUMMARY: Staff was directed by the Board of County
Commissioners to amend the Cindy DeFilippo Floating
Structure Ordinance (2015-030) to address continuing floating structure issues
in waters of the County. The proposed ordinance amendment will prohibit the
anchoring, mooring or otherwise affixing of floating structures upon or to,
waters of the County within the incorporated and unincorporated areas of the
County unless a municipality opts out or adopts an ordinance in conflict, and
allow for direct removal of floating structures in violation of the ordinance,
unless anchored or moored at a marina, marine facility, permitted public
mooring field, privately owned dock, permitted private mooring, privately owned
submerged land or as otherwise permitted under the Ordinance. Floating structures found to be in violation
of the ordinance will have a notice placed upon them to notify the owner(s)
that the floating structure is in violation of this ordinance and that they
have 21 calendar days from the date of the posting to remove the floating
structure, except when there is an impending tropical system, in which case an
owner(s) shall be given 24 hours from the date and time of the posting of the
notice to remove the floating structure. This ordinance is a tool for municipal
enforcement; the County is not assuming enforcement responsibilities within
incorporated boundaries. Any law enforcement officer or Code Enforcement
Officer acting within his/her jurisdiction can enforce this ordinance. Minor
revisions to the ordinance amendment were made between the Preliminary Reading
May 18, 2021 (6B-1) and the Public Hearing scheduled for June 15, 2021. Countywide
(SS)
* * * * * * * * * * * *
JUNE 15, 2021
A. AIRPORTS
1. Staff recommends
motion to approve: the Construction Manager (CM) at Risk
Contract with Suffolk Construction Company Inc. (Suffolk) for CM at Risk
Services for the Concourse B Expansion project at Palm Beach International
Airport (PBI). SUMMARY: The Department of Airports (Department)
issued a request for proposals for CM at Risk Services for the Concourse B
Expansion project on October 9, 2020.
Thirteen submittals were received on December 3, 2020. The Department shortlisted three firms on
January 28, 2021: The Turner Construction Company,
Whiting-Turner Contracting Company and Suffolk Construction Company, Inc. On March 1, 2021, the Countywide
Selection Committee selected Suffolk
to provide the required CM at Risk Services for the Concourse B Expansion at
PBI. The services under this contract
are task/work order based and will be approved in accordance with PPM CW-F-050
with the appropriate bonds and insurance documents. The PBI Master Plan update that was approved
by the Board on December 4, 2018 (5C-1) identified a shortage of concession
space post-security. In addition, the
Master Plan recommended that two additional gates be added to accommodate future
capacity. This project includes approximately 56,000 square feet of expanded
space at the end of Concourse B, including expansion of concession hold room
and restroom spaces, improvement of aircraft parking apron, construction of
infrastructure to support two future gates and extension of existing building
systems. These improvements will
increase revenue and overall passenger experience. Suffolk is based in Boston, Massachusetts;
however, the work will be directly managed by its regional office in West Palm
Beach, FL. A Disadvantaged Business
Enterprise (DBE) goal of 20% was established for this contract. Suffolk has
proposed teaming with MCO Construction, as its DBE partner, to provide DBE
outreach, project management and construction supervision services in an amount
not less than 20% of the Suffolk preconstruction fee and 10% of the Suffolk
general conditions fee paid by the County for such services in connection with
this contract. Suffolk will also be required
to demonstrate good faith efforts to achieve the 20% DBE goal for all
tasks/work orders assigned under this contract. Countywide (AH)
JUNE 15, 2021
5. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve:
Amendment No. 4 to the General Consulting Agreement with RS&H, Inc.
for Consulting/Professional Services in the amount of $2,644,110.87 for the
continued performance of professional planning and design services related to
the Concourse B Expansion project at Palm Beach International Airport (PBI). SUMMARY: The Consulting Agreement with RS&H, Inc. for general airport
planning and design was approved by the Board on May 7, 2019 (R2019-0612) in
the amount of $2,004,570.58 in order to carry out the approved Capital
Improvement Programs for the County’s Airports.
Amendment No. 1 was approved by the Board on May 5, 2020 (R2020-0414)
increasing the amount of the contract by $2,304,608.30. Amendment No. 2 was approved by the Board on
October 20, 2020 (R2020-1607) increasing the amount of the contract by
$3,196,990.03. Amendment No. 3 was
approved by the Board on May 4, 2021 (R2021-0576) exercising the first one year
renewal option for the continuation of services provided under this agreement. Amendment No. 4 will provide an additional
$2,644,110.87 to complete the design effort for the Concourse B Expansion
project at PBI.
RS&H, Inc. is a
Jacksonville, Florida based firm; however, the majority of the work to be
completed in this agreement will be managed through their Fort Lauderdale,
Florida offices in conjunction with several Palm Beach County-based and South
Florida-based sub-consultants and firms.
A Disadvantaged Business Enterprise (DBE) goal of 18% was set for this
contract. RS&H, Inc. committed to 23% DBE participation for this agreement.
The anticipated DBE participation based upon the approved tasks is
approximately 26.17%. The current paid to date DBE participation is
approximately 20.06%. The DBE participation for this amendment is 22.07%. Countywide
(AH)
JUNE 15, 2021
5. REGULAR AGENDA
B. ADMINISTRATION
1. Staff recommends
motion to approve:
A) waiver of the competitive solicitation process for professional services
(consulting services) based upon the expertise of Jerry Wilson, PC, in election
law and political redistricting, as well as his knowledge of and experience
with Palm Beach County regarding redistricting; and
B) a contract for consulting services with Jerry Wilson, PC, a Georgia
professional corporation, in an amount not to exceed $50,000 for the development of proposed Commission
district boundary maps based on the 2020 Census to ensure conformance with the
1965 Voters Rights Act, as amended, for the period of June 15, 2021 through
December 31, 2021.
SUMMARY: This contract provides for consulting
services for the development of proposed Commission district maps based on the
2020 Census, guidelines to affirm compliance with traditional redistricting
criteria and applicable legal standards, public hearings, assist elections
officials in realigning precincts and polling places, if necessary; and all
other required redistricting functions.
This contract has a not-to-exceed dollar amount of $50,000. Staff
anticipates that the redistricting process will be completed by December 31,
2021. Jerry Wilson, PC, specializes in election law and political
redistricting. This firm was the County’s contractor during the 2011
redistricting process and was sub-contracted for the FAU/FIU Joint Center
during the 2001 redistricting process. Due to experience gained during these
two prior redistricting cycles, Jerry Wilson, PC will require substantially
less time becoming familiar with Palm Beach County, which will result in
efficiencies and cost savings. Based on these facts, staff is recommending that
the competitive selection process for professional services be waived, as
authorized by Section 2-54(h) of the Palm Beach County Purchasing Code. Countywide (RPB)
JUNE 15, 2021
5. REGULAR AGENDA
B. ADMINISTRATION
(Cont’d)
2. Staff requests board
direction: regarding the following criteria to
be utilized in the analysis, review and development of proposed Commission
district maps based on the 2020 Census data:
·
Achieve
population equity (10% or less variance among districts population) among
Commission Districts
·
Adhere to Section
2 of the Voting Rights Acts of 1965, as amended and interpreted through case
law
·
Follow major
natural and man-made boundaries
·
Maintain
integrity of Communities of interest, including municipal boundaries
·
Insure
compactness
·
Contiguity of
Districts
·
Preserve the Core
of existing voter’s districts
SUMMARY: The above
listed criteria were utilized during the 2001 and 2011
redistricting of Commission districts. Approved
criteria will be utilized to develop proposed 2021 redistricting maps in
coordination with our redistricting consultant for consideration by the Board
of County Commissioners. Countywide (RPB)
3. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners
of Palm Beach County, Florida approving the CareerSource Palm Beach County
(CSPBC) Fiscal Year 2021-2022 Budget in the amount of $16,955,437 for its
programs under Public Law 113-128, enacted by Congress effective July 1, 2015
which Act is known as the Workforce Innovation and Opportunity Act of 2014. SUMMARY:
On December 16, 2014, the Board of County Commissioners (BCC) approved a
contract to administer grant funds (R2014-1894) with CSPBC which services
include the design, coordination, and implementation of the local workforce
development system for Palm Beach County. CSPBC receives Federal funding
through the State Department of Economic Opportunity. Funds are received
by the DEO from the US Department of Labor, US Department of Health & Human
Services, and the US Department of Agriculture. These are formula funds which
are based on the Federal budget and the local population statistics. The Fiscal
Year 2021-2022 Budget, in the amount of $16,955,437, includes the following
revenue sources: $13,939,489 from the US Department of Labor; $2,485,608 from
the US Department of Health and Human Services for Temporary Assistance for
Needy Families; $480,340 from the US Department of Agriculture for the
Supplemental Nutrition Assistance Program; and $50,000 from private grants and
local government. Countywide (HH)
JUNE 15, 2021
5. REGULAR AGENDA
B. ADMINISTRATION
(Cont’d)
4. ADD-ON: Staff recommends
motion to adopt: a Resolution of
the Board of County Commissioners of Palm Beach County, Florida, supporting the
Florida Department of Agriculture and Consumer Services (FDACS) in its issuance
of Federal Financial Assistance Funding Opportunity Number: 22FL818Y8105,
entitled “Emergency Food Assistance Program;” its 2020-21 Regional Map, which
defines Palm Beach County as a stand-alone region; and its scoring and
selection of Farm Share, Inc. as the successful contract awardee
for Palm Beach County (Region 17). SUMMARY:
On October 6, 2020, the Board unanimously adopted Resolution No. 2020-1521,
which urged FDACS to issue a competitive process for the Emergency Feeding
Assistance Program (TEFAP) for state contracts, for the fiscal year beginning
October 1, 2021, and to separate Region 8, which combined Palm Beach and
Broward Counties, into two separate regions under the program. On January 25,
2021, FDACS issued Federal Financial Assistance Funding Opportunity Number
225FL818Y8105. Three food bank organizations submitted proposals aimed at
serving Palm Beach County. Farm Share, Inc. was awarded the contract, and the
State’s regional map was restructured, designating Palm Beach County as
stand-alone Region 17. The purpose of the proposed resolution is to support
FDACS’ selection committee’s award of the FY 2021-22 TEFAP contract to Farm
Share, Inc. to serve Palm Beach County, Region 17. Farm Share, Inc., has been
in the food banking business since 1991, and has successfully administered
TEFAP contracts in other regions of the state. In 2020, Farm Share, Inc.
distributed more than 101 million pounds of food to more than 18 million
households in Florida. Representatives have already been in communication with
the County, the Palm Beach County Food Bank, and other community partners
expressing the desire to work collaboratively toward the goal of ending hunger
in Palm Beach County. Countywide (HH)
C. HOUSING
AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to adopt: a Resolution of the Board of County
Commissioners of Palm Beach County, Florida; approving the issuance of Housing
Finance Authority of Palm Beach County, Florida, Multifamily Housing Revenue
Bonds (Village of Valor) in the principal amount of $36,000,000. SUMMARY:
The bonds are being issued by the Housing Finance Authority of Palm Beach
County, Florida (the Authority), to finance the costs of acquiring,
constructing and equipping a multifamily rental housing facility containing
approximately 161 units to be known as Village of Valor (the Project). The Project will be located at 2431, 2441,
2559 and 2650 2nd Avenue North in the City of Lake Worth Beach,
Florida, and on 2nd Ave North, located on the north side of the street, one lot
east of the intersection of 2nd Ave North and Engle Road in the Village of Palm
Springs, Florida. At least 80% of the units will be rented to qualified persons
and families whose household incomes do not exceed 80% of area median income
adjusted for family size (currently $68,480 for a family of four) for a minimum
period of 15 years. The borrower is Village of Valor, Ltd., or an affiliate thereof
(the Borrower), and the developer is VOV Development, LLC. The bonds will be payable solely from revenues derived from the Borrower and/or
other collateral provided by or on behalf of the Borrower. Bryant Miller Olive P.A. is Bond
Counsel and Disclosure Counsel to the Authority with respect to the Bonds, and Stifel, Nicolaus & Co., Inc. is the underwriter or
placement agent of the Bonds. On May 7,
2021, the Authority held a public hearing with respect to the Bonds in the
noticed principal amount of $36,000,000 as required by Section 147(f) of the
Internal Revenue Code of 1986, as amended (the Code). The Authority previously
held public hearings for the Project in 2017 and 2019 with subsequent approval
by the BCC; however because the bonds were not issued within 12 months of the
date thereof as required under the Code, another public hearing and BCC
approval is required. Neither the
taxing power nor the faith and credit of the County nor any County funds are
pledged to pay the principal, redemption premium, if any, or interest on the bonds. District 3 (DCB)
JUNE 15, 2021
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to:
A)
approve an Interlocal Agreement (Agreement) with the City of Riviera Beach (City);
B)
accept a Quit Claim Deed issued by the City for four parcels (Parcels) of land
in the Brooks Subdivision site, located in the City of Riviera Beach;
C)
accept an Assignment of Mortgage in favor of the County on the Parcels;
D)
approve up to $550,000 in Workforce Housing funds to be used for design fees
and construction drawings of housing units; and
E)
delegate authority to the County Administrator or designee to execute any
amendments thereto, along with any documents necessary to complete the
acquisition, and any additional documents necessary to secure clear title for
the entire Subdivision, and cost for design.
SUMMARY: Brooks
Subdivision is a single-family affordable housing development that was not
completed and remains vacant. It is
comprised of 22 buildable lots, including 18 parcels owned by the County, four
parcels recently acquired by the City, and a drainage easement. The Parcels
owned by the City are encumbered by multiple Municipal Liens, a $500,000
mortgage (Mortgage) in favor of the City, and a Declaration of Restrictive
Covenant that runs with the land. On
June 4, 2019 the Board of County Commissioners conceptually approved an
Inter-local Agreement (Agenda Item 4C-6) with the City to complete the
acquisition of the remaining four Parcels.
Since that time, there have been multiple changes with the project
resulting in the City’s recent acquisition of the parcels and settlement with
the previous owner. The Agreement
provides for the conveyance of the Parcels and the assignment of the Mortgage
to the County. The County will use the Mortgage to commence litigation to
obtain clear title on the entire development resulting in and providing
marketable title for all 22 lots. As
part of the Agreement the City will provide a release of all municipal liens
and remaining encumbrances, and the County will provide the City with the
opportunity to comment on the overall design, coordinate efforts with one or
more non-profit agencies within the city for purposes of informing Riviera
Beach residents of opportunities to purchase the homes and participate in the
development, provide home buyer assistance utilizing existing programs, and
encumber the entire development with restrictions ensuring that the homes
remain affordable for a period of up to 30 years. Acquiring the four Parcels would complete the
County’s ownership of the entire subdivision, provide site control and enable
its development for affordable and/or workforce housing. District 7
(HJF)
JUNE 15, 2021
5. REGULAR AGENDA
C. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to conceptually approve: Section 108
Loan Program funding for Oxygen Development, LLC (Company) in the amount of
$5,000,000, contingent upon the approval of the U.S. Department of Housing
& Urban Development (HUD). SUMMARY: The Section 108 Loan Program (Program) will assist in financing the
expansion of Oxygen Development, LLC, (Company), a
manufacturing company in Palm Springs that will lead to the creation of 300 new
full time jobs at an average salary of $42,692. The capital investment totals
$20,414,300, of which $7,213,000 is from Fifth-Third Bank, $5,419,000 from the
Small Business Administration 504 Loan Program, $5,000,000 from the Program,
and $2,782,300 from owners’ equity. The
Company manufactures color cosmetics,
skin care, hair care and over-the-counter drug-type products. The Company will use the Program funds
for acquisition of equipment to manufacture supplements in the form of
“gummies”, a gelatin based product with vitamins and antioxidants. The
estimated five-year economic impact for this project is $826M. The Palm Beach County Program criteria states
that projects that request over $1,000,000 require approval of the Board of
County Commissioners. Underwriting for
this project has been pre-approved by HUD, SBA and the County’s Loan Review
Committee. The current variable interest
rate for this loan is 1.2% with a 20-year term. The Program requires that 51%
of the new jobs be made available to persons of low and moderate income at the
time of hire. In March 23, 2010, the BCC approved $5,947,740 in Program funds
for the Company for refinancing of land, machinery and equipment, and soft
costs. The Company committed to the creation of 400 new jobs, and to date has
created over 1,200 new full time jobs.
The Company is in good standing with the County and has repaid over 50%
of the loan. Ethnicity percentages of the
1,200 new jobs already created by the Company represent, 38% white, 29% African
American, 19% Asian and 14% other. Race
percentages represent 60% Hispanic or Latino and 40% Non-Hispanic. These are Federal funds that require no
local match. District 2 (DB)
JUNE 15, 2021
5. REGULAR AGENDA
D. ENGINEERING & PUBLIC WORKS
1. Staff recommends
motion to adopt: a resolution approving an Adopt-A-Road Program
(Program) for litter removal along Palm Beach County (County) maintained road
rights-of-way (ROW), establishing a fee schedule, providing for future fee
increases, approving the use of the Program’s Agreement (Agreement), and
delegating to the County Administrator or designee the authority to enter into
Agreements with local interested parties (Group). SUMMARY: Adopting this resolution will formally approve the
County’s Program, which has been in effect through the Engineering Department
since at least the early 1990s. The County is responsible for the maintenance
of County road ROW, and is further encouraged to initiate a litter control and
prevention program through forming public/private partnerships, pursuant to
Section 403.4131(3), Florida Statutes. The Program allows Groups to conduct
litter removal activities along County maintained road ROW, and several hundred
road segments have been adopted over the years. The Agreement has been reviewed
by the County’s Risk Management Department. Adoption of this resolution will
authorize the County Administrator or designee to execute future Agreements. Countywide
(YBH)
JUNE 15, 2021
5. REGULAR AGENDA
E. YOUTH SERVICES
1. Staff recommends
motion to conceptually approve: allocations for funding in the Action
Areas of Economic Access, Educational Supports, and Parenting & Role
Models, for the period October 1, 2021, through September 30, 2024, in an
estimated total amount of $1,130,000, annually:
|
Proposer |
Program/Project |
Annual Amount |
|
Action Area: Economic Access |
||
|
Pace Center for Girls,
Inc. (a/k/a Pace Center for Girls Palm Beach) |
Healthy Youth Transition |
$110,000 |
|
Vita Nova, Inc. |
Pathways to Employment |
$153,000 |
|
Florence Fuller Child
Development Centers, Inc. (d/b/a Fuller Center) |
The Fuller Center Teen
Leadership Initiative |
$61,000 |
|
Action Area: Educational
Supports |
||
|
Seagull Industries for the
Disabled, Inc. d/b/a Seagull Services |
Internship & Supported
Employment |
$49,000 |
|
The Arc of Palm Beach
County, Inc. |
Stand Up |
$33,000 |
|
Girl Scouts of Southeast
Florida, Inc. |
Girl Scout Leadership
Experience |
$112,000 |
|
College for Kids, Inc.
d/b/a Take Stock in Children of Palm Beach County |
Take Stock in Children PBC |
$93,000 |
|
Digital Vibez, Inc. |
Digital Expressions:
Lifetime of Consequences |
$113,000 |
|
Scholar Career Coaching,
Inc. |
Mentoring – College &
Career Readiness |
$27,000 |
|
Action Area: Parenting and Role
Models |
||
|
Grandma’s Place, Inc. |
Parent Support |
$146,000 |
|
Children of Inmates,
Incorporated |
Babies ‘N Brains |
$57,000 |
|
Exchange Club/Dick Webber
for the Prevention of Child Abuse for the Gold Coast, Inc. d/b/a The
Children’s Healing Institute |
Parent Aide |
$75,000 |
|
The Palm Beach County
Literacy Coalition, Inc. d/b/a Literacy Coalition of Palm Beach County |
Glades Family Education |
$52,000 |
|
Planned Parenthood of
South Florida and the Treasure Coast, Inc. d/b/a Planned Parenthood of South,
East and North Florida |
Time For Your Teen |
$49,000 |
|
Total |
$1,130,000 |
|
SUMMARY: On March 15, 2021, the Youth Services Department issued a Notice
of Funding Opportunity (NOFO) for Community Based Agency funding for three
years, beginning in FY2021. Proposals were accepted for three action areas
identified as a priority in the Youth Master Plan (YMP): Economic Access,
Educational Supports, and Parenting & Role Models. To continue to align
programs with the YMP and incorporate evidence-based promising/programming with
outcomes and performance measures, the NOFO was issued. Final contracts with each Action Area Agency
will be presented to the Board after contract negotiations are complete. Countywide
(HH)
JUNE 15, 2021
5. REGULAR AGENDA
F. FACILITIES
DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A)
adopt a resolution
authorizing the conveyance of 0.206 acres of land to Lake Worth Drainage District (LWDD) without reservation of
mineral and petroleum rights in exchange for 0.159 acres of land from LWDD;
B) approve a County Deed conveying 0.206 acres of land
to LWDD; and
C) accept a Quit Claim Deed from LWDD conveying 0.159
acres of land.
SUMMARY: Water Treatment Plant No. 8 (WTP8) is
located at 1500 North Jog Road, between Belvedere Road and Florida’s Turnpike
in West Palm Beach. Palm Beach County’s Water Utilities Department (WUD) is in
the process of combining the WTP8 facility site with five adjacent County owned
parcels. The combined parcels are being
subdivided into three parcels of land for the purpose of platting. During the plat review process, LWDD
requested a 10-foot strip of land on the north side of their L-2 Canal to allow
for additional maintenance area. The County
will convey to LWDD a 10-foot strip on the north side of the L-2 canal
approximately 722 feet in length containing 0.164 acres in exchange for LWDD
conveying to the County a 10-foot strip on the south side of the L-2 canal
approximately 1,324 feet in length containing 0.159 acres. As part of this exchange, the County will
also convey to LWDD a 0.042-acre parcel that abuts LWDD’s L-1 canal that is
located south of Okeechobee Boulevard and west of Skees
Road in West Palm Beach. WUD has approved the proposed land exchange. These
properties are being conveyed without reservation of mineral rights. The land exchange will be without any
additional consideration being paid to either LWDD or the County. This exchange must be approved by a
Supermajority Vote (5 Commissioners). (Property & Real Estate
Management) District 2 (HJF)
JUNE 15, 2021
5. REGULAR AGENDA
F. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: an Interlocal Agreement with the Westgate/Belvedere
Homes Community Redevelopment Agency (CRA) for the donation of approximately
1.36-acre property located on the southwest corner of Westgate Avenue and
Seminole Boulevard to the County for the relocation of Fire Station 24. SUMMARY: The County desires to
construct a new County fire station within the Westgate Belvedere Homes
Community Redevelopment area to replace the existing Fire Station 24 currently
located at 1734 Seminole Boulevard in West Palm Beach. The current station is
dated and in need of significant upgrades.
The CRA owns a 1.36-acre parcel on the southwest corner of Westgate
Avenue and Seminole Boulevard and has agreed to donate the property to the
County by Statutory Warranty Deed. The deed will include a restriction that
limits the use of the property for a County fire rescue facility and other
County purposes as determined by the County. Although CRA is donating the
property, the County obtained an appraisal which values the parcel at $640,000.
The County has agreed to make available, separate office space to be
constructed on the property for use by the Palm Beach County Sheriff's Office
community policing officers serving the CRA. This conveyance must be approved by a Supermajority Vote (5
Commissioners). (Property & Real Estate Management) District 7
(HJF)
G. PARKS & RECREATION
1. ADD-ON: Staff recommends
motion to approve adopt: a
Resolution of the Board of County Commissioners declaring the Friday after the
Thanksgiving holiday Family Day in Palm Beach County. SUMMARY: Family
Day was initially established in 1979 in Arizona with the purpose of bringing
families together to appreciate one another and many other states and nations
observe Family Day. Palm Beach County
would be only the second jurisdiction in Florida to formally observe Family
Day. Families are critical to the health, well-being, and vibrancy of all
communities and Family Day would build upon the County’s ongoing year-round
efforts to support family-oriented events, experiences and destinations. Parks,
open spaces and outdoor experiences provide a broad range of opportunity for
family togetherness and are a great place to spend time on Family Day.
Businesses and local merchants are also encouraged to host family friendly
activities and promotions that boost and stimulate our economy. The recognition
of Family Day is in line with the County’s focus on being a welcoming, diverse,
healthy and vibrant community known nationwide as a great place to live, work
and raise a family. Countywide (AH)
* * * * * * * * * * * *
JUNE 15, 2021
A. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: appointment of one nominee to the Commission on
Affordable Housing (CAH) for a new term from July 1, 2021 to June 30, 2024;
reappointment of four nominees to the CAH for a new term July 1, 2021 to June
30, 2024; and reappointment of four nominees to the CAH for a new term July 10,
2021 to July 9, 2024.
Category: Appoint: Nominated By:
Resident of the Len Tylka Mayor Dave Kerner
Jurisdiction Vice Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Advocate for Low Ezra Krieg Mayor
Dave Kerner
Income Persons Commissioner
Gregg K. Weiss
Commissioner Melissa
McKinlay
Commissioner Mack
Bernard
Vice
Mayor Robert S. Weinroth
Resident of the Corey O’Gorman Mayor
Dave Kerner
Jurisdiction Vice Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Labor Engaged in Adam Campbell Mayor
Dave Kerner
Home Building Vice Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Not-for-Profit Provider Timothy Coppage Mayor Dave Kerner
of Affordable Housing Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Vice
Mayor Robert S. Weinroth
For-Profit Provider of Elliot Johnson Mayor Dave Kerner
Affordable Housing Vice Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
JUNE 15, 2021
6. BOARD
APPOINTMENTS
A. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
1. (Cont’d)
Banking and Mortgage Aquanette Thomas Mayor Dave Kerner
Banking Industry Vice Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Employers within Amy Robbins Mayor
Dave Kerner
the Jurisdiction Vice
Mayor Robert S. Weinroth
Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay
Commissioner
Mack Bernard
Real Estate Joey
Eichner Commissioner
Maria Marino
Professional or
Lynda
Charles Mayor Dave
Kerner Commissioner
Gregg K. Weiss
Commissioner
Melissa McKinlay Commissioner
Mack Bernard
SUMMARY: Staff recommends appointment of the above
listed individuals to the CAH for one unfilled category for a term from July 1,
2021 to June 30, 2024, and to reappoint eight current members to serve terms
from July 1, 2021 to June 30, 2021 and from July 10, 2021 to July 9, 2024. In accordance with Section 420.9076, Florida
Statutes and Ordinance No. 2017-017, the CAH functions to review local
affordable housing policies and incentive strategies, and to provide
recommendations to the County regarding the same. Section 420.9076, Florida Statutes calls for
a minimum of 8 and a maximum of 11 members representing various categories
related to affordable housing. There may
be multiple members representing the same category as long as no fewer than 6
of the 12 categories identified by statute are represented. Members serve three year terms. The nine recommendations being presented will
result in the maximum 11 member CAH. With the appointment of the eight
unopposed nominees, a diversity count of the ten members will demonstrate a
racial/ethnic breakdown of Caucasian: 8 (80%) and African American: 2 (20%),
and a gender ratio (female:male)
of 2:8. Final composition will depend on
the appointment from the opposed nominees. Countywide (HJF)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 15, 2021
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
JUNE 15, 2021
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
ADD-ON: Request for
off-site Proclamation declaring June 21-27, 2021 as National Pollinator Week in
Palm Beach County
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
ADD-ON: Request for
off-site Proclamation recognizing the Town of Lantana’s 100th
Anniversary
District 5 - COMMISSIONER MARIA SACHS
JUNE 15, 2021
8. COMMISSIONER
COMMENTS CONTINUED
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD
Proclamation
recognizing Willie Spence as the 2nd Place Winner in the Season
Finale of American Idol
Request for off-site Proclamation
declaring June 19, 2021 as Juneteenth day in Palm Beach County
JUNE 15, 2021
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."