December 21, 2021
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
DECEMBER 21, 2021
PAGE ITEM
7 3B-2 REVISED
MOTION: October 19, 2021 October 5, 2021 (Clerk)
40 ADD-ON: COVID-19 Update by Dr. Alonso
41 4A-1 REVISED MOTION: Staff recommends motion to adopt: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending
Chapter 13, Article II, Division 3 of the Palm Beach County Code, known as the “Palm
Beach County Fire Rescue Emergency Transport Fee Ordinance”; repealing and
replacing section 13-58(b) to provide providing for an increase in
emergency transport fees; providing for recitals; providing for repeal
of laws in conflict; providing for savings clause; providing for
severability; providing for inclusion in the code of laws and ordinances; providing
for captions; and providing for an effective date. (F/R)
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
DECEMBER 21, 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 7-40)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 41-42)
5. REGULAR AGENDA (Pages 43-46)
6. BOARD APPOINTMENTS (Page 47)
7. STAFF
COMMENTS (Page 48)
8. BCC
COMMENTS (Pages 49-50)
9. ADJOURNMENT (Page 51)
* * * * * * * * * * *
DECEMBER 21, 2021
CONSENT AGENDA
B. CLERK OF THE CIRCUIT COURT & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Contract with Rosso Site Development, Inc.
for the Belvedere Heights Phase 2, Sidewalks and Pedestrian Lights project
3C-2 Contract with Florida Blacktop, Inc. for the
Clint Moore Road, Oaks Club Drive to Long Lake Drive project
Page 9
3C-3 Resolution approving the agreement with the
State of Florida Department of Transportation for the Westgate Avenue from
Wabasso Drive to Congress Avenue lane reduction project
Page 10
3C-4 Resolution approving the agreement with the
State of Florida Department of Transportation for the Lyons Road/Sansbury’s Way
from Forest Hill Boulevard to Okeechobee Boulevard bike lane improvements
project
D. COUNTY ATTORNEY
Page 10
3D-1 Amendment to contract with Gray Robinson,
P.A. increasing the contract amount for legal services on behalf of the
Department of Airports
E. COMMUNITY SERVICES
Pages 11-12
3E-1 Contracts
with six agencies for services to residents adversely impacted by COVID-19
Page 13
3E-2 Ratify the Mayor’s signature on the 2021
U.S. Department of Housing and Urban Development Palm Beach County Continuum of
Care Planning Grant Applications for activities related to ending homelessness
Page 14
3E-3 Receive
and file contract with two agencies for housing counseling services
DECEMBER 21, 2021
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
Page 15
3F-1 Receive
and file terminal space lease agreement with CRJ Aviation, LLC for airline
ticket office space
3F-2 Receive
and file amendment with the Florida Department of Transportation for the
Terminal/ Concourse Chiller Improvements project
Page 16
3F-3 Receive
and file amendment with the Florida Department of Transportation for four
projects at various airports
3F-4 Receive
and file consent to sublease document with Jet Aviation Associates, Ltd to Wing
Aviation Group
Pages 17-18
3F-5 Memorandum
of Understanding for property exchanges between the Department of Airports and
the Parks and Recreation Department to provide access to the Parks property
from South Congress Avenue to further develop boat ramp facilities
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 18
3G-1 Receive and file the 2021-2022 budget from
the Delray Beach Community Redevelopment Agency
Page 19
3G-2 Appointment
to the Impact Fee Review Committee
I.
HOUSING AND ECONOMIC DEVELOPMENT
Page 19
3I-1 Assignment of Engagement Letter for audit
services between the Housing Finance Authority of Palm Beach County, Florida
and Caler, Donten, Levine, Cohen, Porter & Veil, P.A.
K. WATER UTILITIES
Page 20
3K-1 Receive and file Standard Potable Water and
Wastewater Development Agreement with GPRA Thoroughbred Training Center, Inc.
Page 21
3K-2 Contract with Florida Design Drilling
Corporation for the replacement of wells
Page 22
3K-3 General Release, Hold Harmless and
Indemnification Agreement with the City of Belle Glade for a payment drop box
outside Belle Glade City Hall
3K-4 Partial Release of Utility Easement at 7229
Atlantic Avenue, Delray Beach
Page 23
3K-5 Consultant Services Authorization with
Keshavarz & Associates, Inc. for the Lake Worth Hills Water Main
Replacement project
DECEMBER 21, 2021
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES (Cont’d)
Page 24
3K-6 Work Authorization with Johnson-Davis
Incorporated, Inc. for the Century Village Water System Valve Program Year 4
project
Page 25
3K-7 Change order with TLC Diversified, Inc. for
the Lift Station Rehabilitation Project B Bid Package 2 project
Page 26
3K-8 Consultant Services Authorization to the
contract with Calvin Giordano & Associates, Inc. for the Water Treatment
Plant No. 3 and Southern Region Operation Center Hurricane Hardening project
3K-9 Work authorization to the contact with
Cardinal Contracts, Inc. for the Southern Region Water Reclamation Facility
Pretreatment and Analyzer Improvements project
Page 27
3K-10 Consultant Services Authorization to contract
with Brown and Caldwell for the Integrated Utility Master Plan Wastewater and
Reclaimed Water project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 28
3L-1 Work order to contract with Eastman
Aggregate Enterprises, LLC for the Singer Island Dune Restoration project
Page 29
3L-2 Release and replacement of a conservation
easement within the Palm Beach Park of Commerce Planned Industrial Park
M. PARKS & RECREATION
Page 30
3M-1 Receive
and file Florida Inland Navigation District agreement for the redevelopment of
the Ocean Inlet Park Marina
Page 31
3M-2 Amendment
to agreement with The Morikami, Inc. for use of the Morikami Museum and
Japanese Gardens
N. LIBRARY
Page 31
3N-1 Subscription
agreement with ProQuest LLC to provide residents with access to full replicas
of various newspapers
Page 32
3N-2 Contract
with the Florida Department of State, Division of Library and Information
Services for a Florida ARPA Grant for the Flex Tech project
DECEMBER 21, 2021
TABLE OF CONTENTS
CONSENT AGENDA
Q. CRIMINAL JUSTICE COMMISSION
Page 33
3Q-1 Receive and file amendment to contract with
The Lord’s Place, Inc. for consulting/professional services
S.
FIRE RESCUE
Page 34
3S-1 Amendment to Emergency Triage, Treat and
Transportation Model Participation Agreement with the Center for Medicare &
Medicaid Services
U. INFORMATION SYSTEMS SERVICES
Page 35
3U-1 Amendment to Interlocal Agreement with the
Town of Juno Beach for network and phone services
X. PUBLIC SAFETY
Page 36
3X-1 Receive
and file declarations related to COVID-19 for the month of October 2021
Page 37
3X-2 Receive and file Victim of Crime Act
FY2021/2022 grant agreement for services to victims of crime
Page 38
3X-3 Appointments
to the Emergency Medical Services Advisory Council
AA. PALM TRAN
Page 38
3AA-1 Amendment to contract with Fischer &
Phillips LLP for labor and employment matters
CC. TOURIST DEVELOPMENT COUNCIL
Page 39
3CC-1 Receive and file grant agreements with two
agencies for the events during the month of October 2021
Page 40
3CC-2 Receive and file grant agreements with two
agencies for events held during the months of September and October 2021
DECEMBER 21, 2021
TABLE OF CONTENTS
PUBLIC HEARINGS – 9:30 A.M.
A. FIRE RESCUE
Page 41
4A-1 Ordinance
amending the Palm Beach County Fire Rescue Emergency Transport Fee Ordinance
B. PUBLIC SAFETY
Page 42
4B-1 Ordinance amending the EMS Ordinance
REGULAR AGENDA
A. PALM TRAN
Page 43
5A-1 10-year
Transit Development Plan Major Update
B.
AIRPORTS
Page 43
5B-1 Amendment to contract with The Morganti
Group, Inc for the Generator Controller Replacement project
C.
OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 44
5C-1 Resolution terminating the Interlocal
Agreement with the Sunshine State Governmental Financing Commission
D.
PARKS & RECREATION
Page 45
5D-1 Budget
documents related to the Orange Bowl Field at Glades Pioneer Park project
E.
COUNTY ATTORNEY
Page 46
5E-1 Settlement agreement with the Area Agency on
Aging of Palm Beach/Treasure Coast, Inc.
BOARD
APPOINTMENTS (Page 47)
STAFF COMMENTS (Page 48)
COMMISSIONER COMMENTS (Pages 49-50)
ADJOURNMENT (Page 51)
DECEMBER 21, 2021
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
Regular July
13, 2021
Environmental Control Board July 13, 2021
Child Care Facilities Board July 13, 2021
Budget September
9, 2021
Child Care Facilities Board September 14, 2021
Workshop September
28, 2021
Regular October
19, 2021 October 5, 2021
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) a contract with Rosso Site Development,
Inc. (RSD) in the amount of $1,085,519.24 for the construction of Belvedere
Heights Phase 2, Sidewalks and Pedestrian Lights (Project); and
B) a budget amendment of $58,500 in the
Capital Outlay Fund to recognize the Local Agency Program (LAP) grant agreement
funding from Florida Department of Transportation (FDOT) and reimbursement
funding from Westgate Belvedere Homes Community Redevelopment Agency (CRA) and
appropriate it to the Project.
SUMMARY: Approval of this contract and budget amendment will authorize the
construction services necessary to install sidewalks and pedestrian lighting on
Bridgeman Drive, Wellington Road, and Longwood Road. Because this Project is
funded by a federal grant through the FDOT’s LAP, the Equal Business
Opportunity Ordinance is not applicable. The CRA and Palm Beach County entered
into an Interlocal Agreement (R2021-0777) that states that the 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. RSD was the lowest responsive bidder of three. The contract time
for the Project is 210 calendar days. RSD
is a Palm Beach County based company and a certified Small Business Enterprise
company. District 2 (YBH)
2. Staff recommends
motion to approve: a contract
with Florida Blacktop, Inc. (FBI) in the amount of $812,130.87 for the
construction of Clint Moore Road, Oaks Club Drive to Long Lake Drive (Project).
SUMMARY: Approval of this contract will authorize the construction
services necessary to widen Clint Moore Road. The Project will provide a third
eastbound lane and turn lane improvements. The Affirmative Procurement
Initiative selected for this contract on July 21, 2021 by the Goal Setting
Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation. FBI agreed to 77% SBE participation. FBI was the lowest
responsive bidder of seven. The contract time for the Project is 120 calendar
days. FBI is a Palm Beach County based
company and a certified SBE company. This Project is included in the Five-Year Road Program. District
5 (YBH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. 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) in the amount of
$2,324,351 for the construction of Westgate Avenue from Wabasso Drive to
Congress Avenue lane reduction (Project);
B) approve
the LAP agreement with FDOT which provides a federally funded grant in the
amount of $2,324,351 for the construction of the Project with an expiration
date of December 31, 2023;
C) approve
an Interlocal Agreement with Westgate Belvedere Homes Community Redevelopment
Agency (Westgate CRA); and
D) approve
a budget amendment of $2,324,351 in the Capital Outlay Fund to recognize the
LAP agreement funding from FDOT and appropriate it to the Project.
SUMMARY: Approval of the LAP agreement
will allow Palm Beach County to receive a grant of $2,324,351 for the Project
with a current estimated construction cost of $4,752,322. The Project will
reduce the number of through lanes from four to two, add bike lanes and
on-street parking, and widen the sidewalks. The local match is $2,427,971, which is 51% of the estimated Project
cost. 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 Catalog of Federal
Domestic Assistance (CFDA) number for this grant is 20.205 Highway Planning and
Construction. District 7 (YBH)
DECEMBER 21, 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) in the amount of
$4,215,640 for the construction of Lyons Road/Sansbury’s Way from Forest Hill
Boulevard to Okeechobee Boulevard bike lane improvements (Project);
B) approve
the LAP agreement with FDOT which provides a federally funded grant in the
amount of $4,215,640 for the construction of the Project with an expiration
date of December 31, 2023; and
C) approve
a budget amendment of $4,215,640 in the capital outlay fund to recognize the
LAP agreement funding from FDOT and appropriate it to the Project.
SUMMARY: Approval of this agreement and budget amendment will allow Palm Beach
County to receive a grant of $4,215,640 for the Project with a current
estimated construction cost of $5,961,674. The Project will widen the roadway
and add separated bike lanes. The local
match is $1,746,034, which is 29.3% of the estimated Project cost. The
Catalog of Federal Domestic Assistance (CFDA) number for this grant is 20.205
Highway Planning and Construction. This Project is included in the Five-Year
Road Program. Districts 2 & 6 (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a first amendment to contract for professional
legal services by and between Palm Beach County and Gray Robinson, P.A, to
increase the contract amount by $5,000. SUMMARY: On June 15, 2020, the County Attorney’s
Office entered into a contract with Gray Robinson, P.A. for legal services to
be provided on behalf of the Department of Airports (First Contract), in the
complex Chapter 11 bankruptcy matter of IN RE: The Hertz Corporation, Case
Number 20-11218-MFW in the United States Bankruptcy Court for the District of
Delaware (the Hertz Bankrutpcy Matter). The Contract was in the amount of
$50,000, and was executed by the County Attorney. The County terminated the
First Contract after a portion of legal services were rendered due to the
departure of the key attorney assigned to the First Contract. That attorney
returned to Gray Robinson, and the County executed another contract on January
14, 2021 (Second Contract) for the balance of unspent funds ($32,000) remaining
on the First Contract. The Hertz Bankruptcy Matter is currently in its final
stages, and it is necessary to amend the Second Contract to increase the total
not-to-exceed contract amount by $5,000 to cover legal services provided from
August 1, 2021, though the end of the Hertz Bankruptcy Matter. Countywide
(HH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve:
A) the contracts for Provision of Services with the below
listed agencies, for the three year period January 1, 2022 through December 31,
2024, in an amount totaling $562,500, for the provision of navigation services
for Palm Beach County residents who were adversely impacted by the COVID-19
pandemic and are applying for rental and utilities assistance under the
Emergency Rental Assistance Program (ERAP –COVID-19), established into law
through Section 501, Division N, Consolidated Appropriations Act 2021, Public
Law No. 116-260:
1. Adopt-A-Family of the Palm
Beaches, Inc. (AAF), in an amount not-to-exceed $75,000;
2. Farmworker Coordinating Council
of Palm Beach County, Inc. (FCC), in an
amount not-to exceed $37,500;
3. Pathways to Prosperity, Inc.
(PTP), in an amount not-to-exceed $150,000;
4. Palm Beach County Housing
Authority (PBCHA), in an amount not-to-exceed $300,000; and
B) the contracts for Provision of Services with the below
listed agencies, for the three year period January 1, 2022 through December 31,
2024, in an amount totaling $1,650,000, for the provision of the Rapid Response
Eviction Assistance Program (RREAP) for Palm Beach County residents who were
adversely impacted by the COVID-19 pandemic, under ERAP –COVID-19:
1. Florida Rural Legal Services,
Inc. (FRLS), in an amount not-to-exceed $825,000; and
2. Legal Aid of Palm Beach County,
Inc. (LAS), in an amount not-to-exceed $825,000.
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
1. (Cont’d) SUMMARY: On March 9,
2021, the Board of County Commissioners allocated funding to the Community
Services Department to provide rental and utility assistance and RREAP services
to individuals and families through ERAP – COVID-19. These funds are used to
address the economic impact of the COVID-19 pandemic in Palm Beach County.
Funding was made available for eligible entities to implement the navigation
services component and RREAP. ERAP – COVID-19 provides up to 12 months rental
and utility assistance to eligible Palm Beach County residents who have
experienced loss of income, reduction in hours of employment, or unemployment
as a result of the COVID-19 pandemic. The above listed agencies will assist
clients with navigation and RREAP services. Through RREAP services, clients will be able to construct payment
plans, temporary rent reductions, deferred payments and other solutions to
prevent evictions and ultimately homelessness. In FY 2021, AAF served 40 clients with navigation services. Under this
new contract, approximately 200 clients will be served annually. In FY 2021,
FCC served 57 households with navigation services. Under this new contract,
approximately 100 households will be served annually. In FY 2021, PTP
served 56 clients with navigation services. Under this new contract, approximately
400 clients will be served annually. In FY 2021, PBCHA served 53 clients with
navigation services. Under this new contract, approximately 800 clients will be
served annually. In FY 2021, FRLS served 20 clients with RREAP services. Under
the new contract, approximately 300 clients will be served annually. In FY
2021, LAS served 167 clients with RREAP services. Under the new contract,
approximately 300 clients will be served annually. Carol Jones-Gilbert, an
employee of the PBCHA is a member of the Homeless Advisory Board, and Miguel
Vazquez, an employee of PBCHA is a member of the Palm Beach County HIV Care
Council. Disclosure of these contractual relationships at a duly noticed public
meeting is being provided in accordance with the provisions of Section. 2-443,
of the Palm Beach County Code of Ethics.
These contracts are
funded through the ERAP grant in response to the COVID-19 pandemic to provide
relief funding for residents in need. (Community Services) Countywide (HH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to:
A) ratify the signature
of the Mayor on the 2021 U.S. Department of Housing and Urban Development (HUD)
Palm Beach County Continuum of Care (CoC) Planning Project Grant Application,
for the period October 1, 2022 through September 30, 2023, in the amount of
$236,845, for the coordination of planning activities related to ending
homelessness;
B)
ratify the signature of
the Mayor on the HUD 2021 Homeless Management Information System (HMIS)
Implementation Grant Application, for the period October 1, 2022 through
September 30, 2023, in the amount of $281,530, to increase HMIS capacity,
enhance training, improve data quality monitoring, and analyze data to improve
the CoC system service delivery;
C)
ratify the signature of
the Mayor on the Certification of Consistency Plan with the Consolidated Plan
for the CoC Program Competition form; and
D) delegate to the County
Administrator or designee signatory authority on additional forms and any other
necessary documents related to the HUD CoC Planning Project Grant Application,
and the HUD HMIS Implementation Grant Application.
SUMMARY: The Palm Beach County CoC Planning Project Grant will provide funding for
the coordination and evaluation of activities related to ending homelessness.
These activities involve coordination of monthly CoC meetings and sub-committee
meetings, administration of HMIS, annual preparation of the HUD CoC grant
application, and technical assistance and monitoring of local grant recipients.
A 25% cash match requirement of $59,212 is required and is included in the FY
2022 budget. The HMIS Implementation Grant increases the capacity to integrate
data management systems in order to improve and coordinate the delivery of
housing services. A 25% in-kind match requirement of $70,383 is required and
will be provided through staff salaries. The emergency signature process was
utilized because there was insufficient time to submit this application through
the regular agenda process. (Division of Human Services) Countywide (HH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to receive and file: contracts for Provision of Services with the
below listed agencies, for the period July 1, 2021 through September 30, 2022,
in an amount totaling $65,000, for the provision of housing counseling services
for residents of Palm Beach County who were adversely impacted by the COVID-19
pandemic and are applying for rental and utility assistance under the Emergency
Rental Assistance Program (ERAP - COVID-19), established into law through
Section 501, Division N, Consolidated Appropriations Act 2021, Public Law No.
116-260:
1. Credit Card Management Services, Inc., in an amount
not-to-exceed $40,000; and
2. Housing and Education Alliance, Inc., in an amount
not-to-exceed $25,000.
SUMMARY: On January
21, 2021, the Board of County Commissioners allocated funding to the Community
Services Department to provide rental and utility assistance to individuals and
families through ERAP - COVID-19. These funds are being used to address the
economic impact of the COVID-19 pandemic in Palm Beach County. Funding was made
available for eligible entities to implement the housing counseling services
component of ERAP - COVID-19. The above listed agencies will assist clients
with housing counseling services and will collectively serve approximately 650
unduplicated families and individuals. ERAP – COVID-19 provides up to 12 months
rental and utility assistance to eligible Palm Beach County residents who have
experienced loss of income, reduction in hours of employment, or unemployment
as a result of the COVID-19 pandemic. The agencies will perform housing
counseling services to provide clients with assistance in stabilizing housing
situations to prevent loss of residence to eviction. The Director of Purchasing
has authority to execute this agreement pursuant to Section 2-54(f)(4) of the
Palm Beach County Code. In accordance with County PPM CW-0-051, all delegated
contracts, agreements, and grants must be submitted by the initiating Department
as a receive and file agenda item. No
County match is required. (Community Services Department) Countywide (HH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff
recommends motion to receive and file: Terminal Space Lease Agreement
(Agreement) with CRJ Aviation, LLC (CRJ), commencing December 1, 2021, and
terminating on September 30, 2022 (initial term), and automatically renewing on
an annual basis each October 1st to September 30th until
canceled, for CRJ to lease approximately 239 square feet of airline ticket
office space at the Palm Beach International Airport (PBI) terminal building
for payment of rental in the amount of $13,077.28 for the initial term. SUMMARY: CRJ provides support services
to airlines at PBI and leases office space on the third floor, ticketing level,
of the PBI terminal building. Delegation of authority for execution of the
standard form Terminal Space Lease Agreement was approved by the Board pursuant
to R2018-0995. Countywide (AH)
2. Staff recommends
motion to receive and file:
A)
receive and file Amendment
No. 2 to the Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) in the amount of $1,350,000 for
Terminal/Concourse Chiller Improvements (Project) at Palm Beach International
Airport (PBI). Delegation of authority for execution of this amendment was approved
by the BCC on August 25, 2020 (R-2020-1017). This amendment is effective as of
November 3, 2021; and
B)
approve a budget amendment
of $1,350,000 in the Airport’s Improvement and Development Fund to recognize
the receipt of a grant from the FDOT in the amount of $1,350,000; and a
transfer to Reserves in the amount of $1,350,000 to replenish Local Airport
funding currently in the budget.
SUMMARY: On May 18, 2021, the BCC approved a PTGA (R2021-0625) with the FDOT in
the amount of $500,000 or 50% of the eligible project costs, whichever is less
for the Project at PBI. On May 18, 2021,
the BCC also approved Amendment No. 1 to the PTGA (R2021-0626) in the amount of
$900,000 or 50% of the eligible project costs, whichever is less for a total
FDOT participation of $1,400,000. This project consists of the replacement of
Chillers #4 and #5, as well as associated cooling towers and other components
associated with the HVAC system at the Airport. The FDOT has issued Amendment
No. 2 to the PTGA in the amount of $1,350,000 or 50% of the eligible project
costs, whichever is less to add funds to fully fund the FDOT share of the
project. Total FDOT participation for this project is $2,750,000. Airport
required local match is in the current budget. Countywide (AH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to receive and file: an amendment
for extension of the following Public Transportation Grant Agreements (PTGAs)
with the Florida Department of Transportation (FDOT). Delegation of authority for execution of the
Amendments for extension of the PTGAs was approved by the Board on August 25,
2020 (R2020-1017):
A)
Public Address (PA) System
Replacement at Palm Beach International Airport (PBI), Financial Project Number
445870-1-94-01 approved by the Board on August 20, 2019 (R2019-1151 and
R2019-1152), until March 31, 2022;
B)
Conversion of Gate B1 to
International Gate at PBI, Financial Project Number 444177-1-94-01 approved by
the Board on April 16, 2019 (R2019-0494 and R2019-0495), until December 31,
2023;
C)
Maintenance Compound
Redevelopment at PBI, Financial Project Number 434626-1-94-01 approved by the
Board on April 2, 2019 (R2019-0422 and R2019-0423), until December 31, 2023;
and
D)
Emergency Generator for
Fuel System at Palm Beach County Glades Airport, Financial Project Number
445445-1-94-01 approved by the Board on April 16, 2019 (R2019-0498 and
R2019-0499), until September 30, 2022.
SUMMARY: The amendment for extension of the PTGAs extend the availability of
grant funding to allow for the completion of various airport projects. Countywide
(AH)
4. Staff recommends
motion to receive and file: Consent to Sublease (Consent) document, consenting to the sublease of
office space by Jet Aviation Associates, Ltd. (Jet) at the Palm Beach
International Airport (PBI), to Wing Aviation Group, effective as of November
1, 2021. SUMMARY: Jet provides fixed base operator
services for general aviation aircraft at PBI pursuant to a Lease Agreement
(R99-2239, as amended). The lease agreement
provides for the sublease of space by Jet, 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)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to:
A)
approve an internal
Memorandum of Understanding for Property Exchange (MOU) between the Department
of Airports (DOA) and Parks and Recreation Department (Parks), providing for
the exchange by Parks of a 105,000 square foot (2.4105 ac.) parcel, being a
portion of the Parks maintenance compound at John Prince Memorial Park, along
the west side of the Palm Beach County Park Airport (Lantana Airport) (Parks
Property), together with an access easement on approximately 19,747 square feet
(0.4533 ac.) to provide access to the Parks Property from South Congress Avenue
(Easement Parcel), for the DOA Property containing a total of approximately
3.206 acres, consisting of a 136,731 square foot (3.1389 ac.) upland parcel
(Boat Ramp Parcel) together with 2,925 square feet (0.0671 ac.) of adjacent
submerged land at the Stub Canal/Pine Lake, east of the Palm Beach
International Airport (PBI);
B)
adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida; determining that
the DOA Property is not necessary for airport purposes and that the disposition
of the property shall not impair the operating efficiency of the airport system
or reduce the revenue producing capability of the County’s Airport System
(Resolution);
C)
authorize the County
Administrator or designee to execute any necessary documentation for the
release of the DOA Property from Airport Improvement Program (AIP) Grant
Assurances with the Federal Aviation Administration (Release Documents);
D)
approve a Termination and
Declaration of Access Easement (Easement) on the Easement Parcel; and
E)
approve a Declaration of
Easement and Restrictive Covenants (Declaration) on the DOA Property.
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. (Cont’d) SUMMARY: The MOU
provides for exchange of property by DOA and Parks at equal value. The DOA
Property is currently leased to Parks (R90-2112D) (Lease) for a boat ramp,
providing recreational public access to the Stub Canal/Pine Lake. Parks has requested the exchange to allow
Parks to further develop the boat ramp facilities and to pursue grant funding
opportunities which cannot be done under a leasehold interest. The Lease will
terminate upon completion of the exchange.
The exchange of the Parks Property will add approximately 2.4105 acres
to DOA’s existing 19.11 acre non-aviation parcel on South Congress Avenue at
the west side of the Lantana Airport. The Easement terminates and replaces an
existing Declaration of Access Easement (R2010-0999, recorded in official
record book 23949, page 793, of the public records) with a single, larger
parcel description, adding approximately 4,803 square feet (0.11 ac.) of area
for ingress and egress from South Congress Avenue to both DOA’s existing
property and the Parks Property DOA is receiving under the exchange, and will
be recorded in the public records. The Parks property is a portion of Parks’
maintenance compound at John Prince Memorial Park. The MOU is contingent on approval
by the Federal Aviation Administration (FAA). Upon approval of the exchange,
the FAA will require the County to execute the Release Documents acknowledging
the release of the DOA Property from grant assurance requirements. DOA is requesting a delegation of authority
to the County Administrator or designee to sign the Release Documents on behalf
of the County. For purposes of this
delegation, the Airport Director will be considered a designee. The FAA will
require the Declaration to be recorded to memorialize restrictions consistent
with operation of PBI. The resolution is required to document that the DOA
Property has been released from the Airport System Revenue Bond Resolution
(R84-427, as amended) requirements. Countywide
(HJF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: the 2021-2022
Budget from the Delray Beach Community Redevelopment Agency (CRA). SUMMARY: The
Delray Beach CRA has submitted its CRA Budget for Fiscal Year 2021-2022 as per
Section 163.356(3)(d), Florida Statutes. Countywide (DB)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
2. Staff recommends
motion to approve: the appointment of Darnell Gardner to
the Impact Fee Review Committee at-large seat seven to replace and complete the
unexpired term of Stewart W. Bosley, Jr., which ends April 19, 2024. SUMMARY:
The Impact Fee Review Committee is composed of seven members and three
alternate members. The voting membership of the IFRC shall include three
representatives from municipalities within PBC, three representatives from the
business community, and one member selected at-large. The alternate members
shall include one representative from each of the three categories listed
above. This agenda item provides for the appointment of Darnell Gardner to
at-large seat seven to complete the unexpired term of Mr. Stewart W. Bosley,
Jr., which ends April 19, 2024. Darnell Gardner has completed the required
ethics training. The Committee has seven seats. Six seats are
currently filled and the current diversity count for the committee is
Caucasians: 5 (83.33%), African American: 1 (16.67%). The male to female gender
ratio is 5:1. This nominee is an African American male. Countywide
(LB)
I. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to approve:
an assignment of the Engagement Letter dated August 9, 2021 (the Engagement
Letter) for audit services between the Housing Finance Authority of Palm Beach
County, Florida, and Caler, Donten, Levine, Cohen, Porter & Veil, P.A.
(Caler) to Marcum LLP (Marcum). SUMMARY: The Housing Finance Authority
of Palm Beach County, Florida (Authority) was established by the Board of
County Commissioners (BCC) in 1979 in accordance with Part IV, Chapter 159,
Florida Statutes. Section 2-189 of the
Palm Beach County Code of Ordinances requires that all contracts of the
Authority for the purchase of goods and services in excess of $10,000 shall be
approved by the BCC. The Engagement
Letter sets forth the terms under which Caler will provide audit services to
the Authority beginning with an audit of the Fiscal Year ended September 30,
2021. Caler was selected by the
Authority to provide audit services pursuant to a Request for Proposals process
on October 12, 2018 (RFP). The RFP
provided for an initial three-year contract term, which has been completed, and
up to two successive two year renewals. The Engagement Letter was approved by
the Authority on August 13, 2021, and by the BCC on October 19, 2021.
Subsequent to BCC approval, Caler merged with another CPA firm that does not
conduct governmental audits. Caler has agreed to assign the Engagement Letter
to Marcum and Marcum has agreed to accept the assignment and complete the audit
for the Fiscal Year ended September 30, 2021 on the exact same terms and
conditions as set forth in the Engagement Letter. The Authority considered and
approved of such assignment on December 10, 2021. Countywide (JB)
DECEMBER 21, 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 GPRA
Thoroughbred Training Center, Inc., SDA #05-01130-000 (District 5), Recorded in
OR BK 32777 PG 1155 for the month of August 2021. 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 document has been recorded in the Public Records of Palm Beach County. The
document has been fully executed on behalf of the Board of County Commissioners
(BCC) by the Director of the Palm Beach County Water Utilities Department
(PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and
are now being submitted to the BCC to receive and file. District 5 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve:
A) a contract for the Wellfield Improvements Phase 2
(Project) with Florida
Design Drilling Corporation (FDD) in the
amount of $9,944,000;
B) a budget transfer
of $6,016,000 in the Water Utilities Department (PBCWUD) Capital Improvement
Fund to establish budget for the entire project; and
C) Consultant Services Authorization (CSA) No. 3 to the
Consulting/Professional Services System-Wide Wellfield Improvements
Hydrogeologic, Engineering Design and Construction Services (Hydro Contract)
with JLA Geosciences, Inc. (Consultant) for the System-Wide Wellfield
Improvements Phase 2 Construction Phase Services for a not to exceed amount of
$1,314,167.20.
SUMMARY: On May 21, 2021, the Palm Beach County Water
Utilities Department (PBCWUD) received two bids for the Project. The Project
provides for the replacement of five wells in Lake Worth, the rehabilitation of
four surficial production wells located in West Palm Beach, electrical cable
upgrades at eight surficial wells in West Palm Beach, and installation of fiber
optic cable looping for wells located in Lake Worth. The Project was procured under the requirements of the Equal Business
Opportunity Ordinance. On September 14, 2020, the Goal Setting Committee
applied an Affirmative Procurement Initiative (API) of a minimum mandatory 20%
Small Business Enterprise (SBE) subcontracting participation of which 5% shall
be among certified African American and/or Hispanic American owned firms. The
low bidder, All Webbs Enterprises, Inc. (AWE), failed to meet the
established API for the Project, and therefore their bid was found to be
non-responsive, due to the failure of AWE to list an MBE subcontractor on their
Schedule 1 and failure to submit a Schedule 2 document for that MBE
subcontractor. AWE filed a bid protest claiming the County should waive these
irregularities. On July 23, 2021, the Director of Purchasing recommended the
bid protest be denied. AWE then requested a protest hearing before a Special
Master. On September 23, 2021, a Special
Master Hearing was held and the Special Master denied AWE’s bid protest and
recommended award to the second low bidder, FDD. FDD was determined to be the lowest responsive and responsible
bidder in the amount of $9,944,000.
FDD has met the established API for this Project. The Contract with FDD
provides for 28.65% SBE participation, which includes 10.90% MBE participation,
10.90% MBE (B). FDD is a Palm Beach County based company. On April 2, 2019, the Board
of County Commissioners approved the PBCWUD Hydro Contract (R2019-0439) with
Consultant. CSA No. 3 provides for
construction management services for the Project. The Hydro Contract with
Consultant was procured under the requirements of the 2002 SBE Ordinance
(R2002-0064) prior to the adoption of the new EBO Ordinance on October 16,
2018. The SBE participation goal under the 2002 Ordinance was 15% overall
participation. The Hydro Contract with Consultant provides for 59% SBE
participation, which includes 22% M/WBE participation, 1% MBE (B), 20% MBE (H)
and 1% WBE. CSA No. 3 includes 78.50%
overall SBE participation, which includes 28.43% M/WBE participation, 1.54% MBE
(B), 21.37% MBE (H), 5.50% (A), 0% WBE. The cumulative SBE participation
including CSA No. 3 is 79.78%, which includes 49.63% M/WBE, 1.83% MBE (B),
28.02% MBE (H), 18.85% MBE (A), and 0.91% WBE. Consultant is a Palm Beach
County based company. The Project is included in the PBCWUD FY22 budget.
(PBCWUD Project No. 19-022) District 2 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: a General Release, Hold Harmless and Indemnification
Agreement (Agreement) with the City of Belle Glade (Belle Glade). SUMMARY: The payment drop box located at Belle Glade City Hall, 110 Dr. M.L.K
Blvd W, Belle Glade, can only be accessed by Belle Glade staff from Monday
through Thursday. To better serve Palm Beach County Water Utilities Department
(PBCWUD) customers and minimize the potential loss or misplacement of payments,
PBCWUD is proposing to install a stand-alone payment drop box outside Belle
Glade City Hall. The installation of
this drop box will allow PBCWUD to access and collect payments from Monday
through Friday. Belle Glade has agreed
to the installation of the stand-alone payment drop box to be located on their
property contingent upon the execution of this Agreement. The Agreement
requires the County to indemnify, hold harmless, and release Belle Glade from
certain liabilities in relation to the stand-alone payment drop box, and
utilizes language, which differs from the County standard language set forth in
Countywide PPM CW-F-049. The Risk Management Department and the County
Attorney’s Office have reviewed the terms and agree to the deviations. District
6 (MJ)
4. Staff recommends
motion to approve: a Partial
Release of Utility Easement for that easement recorded in the Official Records
of Palm Beach County, ORB 6446 Page1239. SUMMARY: Palm Beach County Water Utilities Department
(PBCWUD) is seeking the release of the County’s interest in a utility easement
recorded in the Official Records of Palm Beach County as noted above and
located at 7229 Atlantic Avenue, Delray Beach. The Property Owner is requesting
release of the portion of the easement that is no longer associated with any
public potable water and wastewater facilities. PBCWUD has determined that this
portion of the easement is no longer required. PBCWUD has determined that the
release of the easement will not affect existing or new public potable water
and wastewater facilities and therefore recommends approval of the release.
(PBCWUD Project No. 19-581) District 5 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 5 to the Consulting/Professional Services Utility Distribution & Collection System Engineering Services Contract (Contract) with Keshavarz & Associates, Inc. (Consultant) for the Lake Worth Hills Water Main Replacement (Project) for a not to exceed amount of $389,811.59. SUMMARY: On December 15, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-1898) with Consultant. CSA No. 5 provides for professional engineering services relating to design and permitting of the Project. These services include subsurface utility exploration, geotechnical exploration, survey, construction plans, permitting, and outreach support and bid support services for the replacement of approximately 10,600 linear feet of 2-inch, 4-inch, and 6-inch asbestos cement water main and appurtenances within the Lake Worth Hills residential community located in Greenacres. This Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On October 2, 2019, the Goal Setting Committee applied an Affirmative Procurement Initiative 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. The Contract provides for 85% SBE participation, which includes 85% MBE participation, 82% MBE (A), and 3% MBE (B). CSA No. 5 includes 87.17% SBE participation, which includes 87.17% MBE participation, 87.17% MBE (A), and 0% MBE (B). The cumulative SBE participation including CSA No. 5 is 86.70% SBE, which includes 86.70% MBE participation, 86.70% MBE (A), and 0.00% MBE (B). Consultant is a Palm Beach County based company. This project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-084) District 2 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
6. Staff recommends
motion to approve: Work Authorization (WA) No. 20 to the 2019 Pipeline Continuing Construction Contract (Continuing Contract) with
Johnson–Davis Incorporated, (Contractor) for the Century Village Water System Valve Program Year 4 (Project) in the
amount of $490,446.55. SUMMARY: On February 11, 2020,
the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract
(R2020-0160) with Contractor.
WA No. 20 provides for the installation of approximately 40 gate valves ranging
in size from 2-inch to 8-inch, associated appurtenances, and site restoration
throughout the existing water distribution system in the neighborhoods of
Stratford, Golf’s Edge, Southampton, Cambridge, and Kent within Century Village
located in West Palm Beach. The Continuing Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On April 3, 2019, the
Goal Setting Committee applied an Affirmative Procurement Initiative of a
mandatory 20% Small Business Enterprise (SBE) subcontracting participation. The
Continuing Contract provides for 20.07% SBE participation. WA No. 20 includes
17.92% SBE participation. The cumulative SBE participation including WA No. 20 is
24.09%. Contractor is a Palm Beach County based company. The Project is
included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-083) District 2
(MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
7. Staff recommends
motion to approve: Change Order (CO) No. 2 with TLC Diversified, Inc.
(Contractor) for the Lift Station Rehabilitation Project B Bid Package 2
(Project) in the amount of $160,405.53 and for an additional 71 calendar days
of project time extension. SUMMARY: On January 12,
2021, the Board of County Commissioners (BCC) approved the Palm Beach County
Water Utilities Department (PBCWUD) Contract for the Lift Station Rehabilitation
Project B Bid Package 2 (R2021-0063) in the amount of $6,922,400. The Contract
provides for the rehabilitation of 29 lift stations throughout the PBCWUD
service area to meet the current PBCWUD standards. CO No. 2 provides for
modifications to the original design of control panels and electrical racks at
nine lift stations. CO No. 2 will increase the contract by $160,405.53 and
extend the contract time by 71 days. The Contract was procured under the
requirements of the Equal Business Opportunity (EBO) Ordinance. On January 29, 2020, the Goal Setting
Committee applied an Affirmative Procurement Initiative of a minimum 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 29.32% SBE participation which includes 8.97% MBE,
8.97% MBE (B). One of the vendors, which
accounted for 20.35% of the SBE participation graduated from the SBE program in
July 2021 and is no longer an SBE. The
Contractor performed a good faith effort and applied for a waiver with the
Office of Equal Business Opportunity (OEBO).
OEBO approved the waiver and the new SBE requirements was reduced to 8%
SBE with a 5% MBE participation. CO No.
2 includes 20.30% SBE participation, which includes 20.30% MBE participation,
20.30% MBE (B). The cumulative SBE participation including CO No. 2 is 9.36%
SBE, which includes 9.36% MBE participation, 9.36% MBE (B). Contractor is
headquartered in Palmetto, Florida, but maintains an office in Palm Beach
County from which the majority of the work will be performed. The Project is included in the FY22 budget.
(PBCWUD Project 15-096B) Districts 2, 5, 6 & 7 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
8. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 4 to the Contract for
Consulting/Professional Services Emergency and Disaster Mitigation and Recovery
(Contract) with Calvin Giordano & Associates, Inc. (CGA) for the Water
Treatment Plant (WTP) No. 3 and Southern Region Operation Center (SROC)
Hurricane Hardening (Project) for a not to exceed amount of $377,500. SUMMARY: On June 20, 2017, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2017-0821) with CGA. CSA No. 4 provides for consulting/professional
engineering services and related services for hurricane hardening evaluation
and recommendations at WTP No. 3 and SROC. This Contract was procured under the requirements of the 2002 Small
Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the
new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under
the 2002 Ordinance was 15% overall participation. The Contract provides for 41%
SBE participation. CSA No. 4 includes 58.65% SBE participation. The cumulative SBE participation including
CSA No. 4 is 56.56%. CGA is
headquartered in Fort Lauderdale, Florida but maintains an office in Palm Beach
County from which the majority of the work under CSA No. 4 will be
undertaken. The Project is included in
the PBCWUD FY22 budget. (PBCWUD Project No. 21-069) District 5 (MJ)
9. Staff recommends
motion to approve: Work Authorization (WA) No. 9 to the Contract for
Optimization and Improvements Design-Build (Contract) with Cardinal Contractors,
Inc. (Cardinal) for the Southern Region Water Reclamation Facility (SRWRF)
Pre-Treatment and Analyzer Improvements (Project) for a Guaranteed Maximum
Price in the amount
of $4,724,105. SUMMARY: On
January 15, 2019, the Board of County Commissioners approved the Palm Beach
County Water Utilities Department (PBCWUD) Contract (R2019-0100) with
Cardinal. WA No. 9 provides for the
design, permitting and construction of various improvements to Pre-Treatment
Building systems, installation of process analyzers. This Contract was procured
under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance
(R2002-0064) prior to the adoption of the new Equal Business Ordinance on
October 16, 2018. The SBE participation goal established under the 2002 SBE
Ordinance was 15% overall participation.
The Contract provides for 31% SBE participation, which includes 21% MBE
participation, 16% MBE (H) and 5% MBE (O).
WA No. 9 includes 26.90% SBE, 21.97% MBE participation, 20.85% (B), and
1.12% MBE (O). The cumulative SBE participation including WA No. 9 is 36.37%,
which includes 8.34% MBE, 7.06% MBE (B), and 1.28% MBE (O). Cardinal is
headquartered in Sunrise, Florida but maintains an office in Palm Beach County
from which the majority of the work under WA No. 9 will be undertaken. The
Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 21-077) District
5 (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
10. Staff recommends
motion to approve:
A) Consultant Services Authorization (CSA) No. 2 to the Wastewater
Engineering Services Contract (Wastewater Contract) with Brown and Caldwell (Corporation) (B&C) for the Integrated Utility Master Plan (IUMP) Wastewater and Reclaimed
Water Project (Wastewater Project) for a
not to exceed amount of $441,089.39; and
B) CSA No. 8 to the General Utility, Architectural and
Value Engineering Services Contract (General Utility) with Chen Moore and
Associates, Inc. (CMA) for the IUMP Collection and Distribution Systems -
Modeling Project (Collection Project) for a not to exceed amount of $349,819.
SUMMARY: Under each of the referenced CSAs, the named consultant
will provide consulting/professional engineering services to evaluate and
determine expansion and improvement needs for the Palm Beach County Water Utilities Department (PBCWUD) water,
wastewater, and reclaimed water systems by examining each system’s needs as an
integrated system. The work will include water, wastewater and reclaimed water
system alternative evaluation and plan development which will help to develop
the projects to address the utility’s needs through the 2050 planning horizon.
CSA No. 2 with B&C provides professional consulting/engineering services
relating to the identification of new capital improvement projects focused on
reclaimed water and wastewater treatment systems. CSA No. 8 with CMA provides
professional consulting/engineering services relating to the identification of
new capital improvement projects focused on the collection and distribution
systems. On December 15, 2020, the Board of County Commissioners (BCC) approved
the PBCWUD Wastewater Contract (R2020-1892)
with B&C. The Wastewater Contract was procured under the requirements of
the Equal Business Opportunity Ordinance (EBO). On October 2, 2019, the Goal
Setting Committee (GSC) applied an Affirmative Procurement Initiative (API) of
a minimum mandatory 20% Small Business Enterprises (SBE) subcontracting goal
and an evaluation preference for up to 15 points based upon the relative level
of dollar participation by certified African American owned firms. The
Wastewater Contract with B&C provides for 23% SBE participation,
which includes 23% M/WBE participation, 20% MBE (B), 2% MBE (A) and 1% WBE. CSA No. 2 with BC includes 20.81% SBE
participation, which includes 20.81% M/WBE participation, 6.81% MBE (B), 12.50%
MBE (A) and 1.50% WBE. The cumulative SBE participation including CSA No. 2 is
24.66% SBE, which includes 24.66% M/WBE participation, 12.02% MBE (B), 10.20%
MBE (A) and 2.44% WBE. B&C is headquartered in Walnut Creek,
California, but maintains an office in Palm Beach County from which the
majority of the work will be performed.
The Wastewater Project is included in the PBCWUD FY22 budget. On December 15, 2020, the BCC approved the
PBCWUD General Utility Contract (R2020-1891) with CMA. The General Utility Contract was procured under the requirements of the
EBOO. On October 2, 2019, GSC applied an
API of a minimum mandatory 20% SBE subcontracting goal and an evaluation
preference for up to 15 points based upon the relative level of dollar
participation by certified SBE firms. The General Utility Contract with CMA
provides for 27% SBE participation, which includes 17% MBE participation, 17%
MBE (B). CSA No. 8 with CMA includes 46.12% SBE participation, which includes
0% MBE participation, 0% MBE (B). The cumulative SBE participation including
CSA No. 8 is 25.87% SBE, which includes 6.24% MBE participation, 6.24% MBE (B).
CMA is headquartered in Fort Lauderdale, Florida, but maintains an office in
Palm Beach County from which the majority of the work will be performed. The
Collection Project is included in the PBCWUD FY22 budget. (PBCWUD Project No.
19-065) Countywide (MJ)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Work Order No. 0512-01 to the Palm Beach County
(PBC) Dune and Beach Restoration Annual Construction Contract (Federalized),
Project No. 2021ERM01 (R2021-0511) with
Eastman Aggregate Enterprises, LLC (Eastman) at a cost not to exceed
$1,960,862.80 providing for dune restoration services for the Singer Island Dune
Restoration Project (Project) for a term of 60 days. SUMMARY: On April 20, 2021, the Board of County
Commissioners approved the Contract (R2021-0512) with Eastman, a PBC company. Work Order No. 0512-01 will authorize the construction of the beach
dune at the Project. The Project is partially funded by Florida Department of
Environmental Protection (FDEP) Grant No. 22PB4 ($717,200) and a cost sharing
agreement with the City of Riviera Beach ($392,172). The State and Federal agreements prohibit local geographical preferences
in construction procurements involving federal funds, so the County’s Office of
Equal Business Opportunity Program, Local Preference, Glades Local Preference,
Glades Resident Incentive, and Apprentice Incentive could not be included in this
competitive solicitation. The cost to the County is $851,490 from the
PBC Beach Improvement Fund. District 1 (YBH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
2. Staff recommends
motion to approve: a release and replacement of a conservation
easement “Preserve #14,” where the northern 1.1942 acre portion of the current
1.916 acres under conservation easement will be relocated and replaced with
1.2286 acres immediately adjacent and to the south of the current conservation
easement for “Preserve #14,” recorded in Official Records Book 24145, Page 660
within the Palm Beach Park of Commerce Planned Industrial Park (Park). SUMMARY: In 2010, in accordance with
Resolution No. R2005-1419.1, the Park of Commerce was required to preserve a
total of 31.90 acres as preserve area. A
Conservation Easement over a 1.916 acre area known as Preserve #14 was
established. On February 27, 2020, the
Board of County Commissioners (BCC) approved Resolution Nos. R2020-0180 and
0181 in order to reconfigure the Master Plan to redesignate pods from
commercial to industrial, and amend/delete conditions and the approval of a
Type 2 Waiver to eliminate the requirement for a wall in a Type 3 buffer along
Beeline Highway. The property owner has requested that a 1.1942-acre portion of
Preserve #14 be relocated adjacent to Preserve #14 to provide a right-of-way
connection to an internal roadway, Park of Commerce Blvd. The remainder of the
original Conservation Easement for Preserve #14 will remain in place, and the
relocated portion of Preserve #14 will now consist of 1.2286 acres. Overall, Preserve #14 will increase from
1.916 acres to 1.950 acres. The change in preserve location and added area
fulfills the preserve criteria for the Park and is compliant with ULDC, Article
14, Chapter C, Vegetation Preservation and Protection, Section 7.B.4. The new
preserve area is more environmentally advantageous because it is comprised of a
more mature tree canopy, has a greater diversity of understory species, creates
contiguous preserve area, and provides a buffer between development and
environmentally sensitive lands. The proposed Conservation Easement provides
language that releases and replaces a portion of the original easement and
ensures that the new location is subject to the same land use restrictions as
the original location. District 1 (SS)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to:
A) receive and
file a fully executed Florida Inland Navigation District (FIND) Project
Agreement for the redevelopment of the Ocean Inlet Park Marina for the period
November 1, 2021 through September 30, 2023; and
B) approve a budget amendment of $1,500,000 within the
Park Improvement Fund to establish budget for the approved grant.
SUMMARY: On May 4,
2021, the Board authorized submission of a Waterways Assistance Program (WAP)
grant application, R2021-0593, to fund a portion of the construction costs
associated with the redevelopment of Ocean Inlet Park Marina. The Board also authorized the County
Administrator or designee to execute the Project Agreement, (FIND Project No.
PB-21-214) and other grant forms related to this project if the grant was
approved. The grant was approved, the Project Agreement has been fully executed
in accordance with Board authorization and is being submitted to the Board to
receive and file and to establish budget for the grant. The $1,500,000 FIND grant requires a $1,500,000 (50%) match, which will
be funded from the Florida Boating Improvement Program funds and Ocean Inlet
Park and Marina Infrastructure Sales Tax (IST) Project. The grant term is
from November 1, 2021 through September 30, 2023, with a possible one-year time
extension. District 4 (AH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: Amendment No. 1 to Agreement (R2020-0526) with The Morikami, Inc., a
Florida not-for-profit corporation, for the funding, support, and use of the
Morikami Museum and Japanese Gardens. SUMMARY: On May 5, 2020, the County and The Morikami,
Inc. entered into an Agreement (R2020-0526), superseding Agreements R2017-0759,
R99-78D and R88-1675D for the funding, support, and use of the Morikami Museum
and Japanese Gardens (Museum). The agreement included language that allowed The
Morikami Inc. to make capital improvements to the Museum with prior County
approval. Since that time, it was brought
to our attention that this agreement does not conform with the Facilities
Development and Operations Department PPM
CW-O-095, Capital Improvements to County Facilities by Non-County Entities. Amendment No.1 amends the agreement by adding
the required procedures as outlined in County PPM CW-O-095. The Facilities Development and
Operations Department is in support of the updated language. The Morikami, Inc. has approved this amendment.
District 5 (AH)
N. LIBRARY
1. Staff recommends
motion to approve: a subscription agreement between Palm Beach
County and ProQuest LLC, for a one-year term beginning on January 1, 2022, with renewal options not to exceed five years, in the
amount of $6,615 each year. SUMMARY: The Library Department requests a new one-year term contract with four
additional one-year renewal options to purchase a subscription with ProQuest
LLC, for use by the public. This agreement would provide residents with access
to full replicas of The Palm Beach Post, Palm Beach Daily News, Sun Sentinel,
Miami News, Tampa Tribune, Florida Today, Orlando Sentinel, Pensacola News
Journal, News-Press, Tallahassee Democrat, Daily Times, Citizen-Times, Daily
News Journal, Jackson Sun, Leaf-Chronicle, News Leader and Daily Press. The
agreement would start on January 1, 2022 in the
amount of $6,615 for the first year. The vendor requires the County enter into
a license agreement that contains liability provisions different from the
County’s standard requirements. Except for liability arising from or relating
to ProQuest’s gross negligence, willful misconduct, and ProQuest’s
indemnification obligations, ProQuest’s limitation of liability is limited to
$100,000. ProQuest is not liable for: (i) any indirect, incidental,
consequential, punitive or special damages: or (ii) any claim related to
customer’s or its authorized users’ use of cover images or user-generated
content provided as part of the service; or (iii) unauthorized use of the
service. Risk Management and the County Attorney’s Office have approved this
subscription agreement. Countywide (AH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
(Cont’d)
2. Staff recommends
motion to:
A) approve the
contract with the Florida Department of State, Division of Library and
Information Services (DLIS), for a Florida ARPA Grant, CFDA 45.310, Grant
number 21-ARPA-33 “Flex Tech”, start date September 3, 2021 and shall end
September 30, 2022, in the amount of $276,694. No new positions will be
required for this project;
B) approve a budget transfer of $204,318 from the Library Operating Fund, Contingency Reserves
as matching funds for the DLIS CARES Act grant award;
C) approve a budget amendment to establish a budget of
$481,012 in the County Library Services and Technology Grant Fund for the
$276,694 grant award and $204,318 matching funds; and
D) authorize the County Administrator or designee to execute any
other necessary agreements, amendments, forms and certifications associated
with the Florida ARPA Grant agreement.
SUMMARY: The
Palm Beach County Library System was awarded a Florida ARPA grant, through the
Florida Division of Library and Information Services, CFDA 45.310, Grant number
21-ARPA-33 for the project “Flex Tech”, to increase the organization’s flexible
technology capacity in response to the continued threat of COVID-19.
Educational, skill-building, and recreational technology access provided by the
library is more important than ever as our residents face increased disruption
as a result of the ongoing pandemic. Library staff will use ARPA funds to
purchase items that will: 1) expand and enhance the library’s existing in-house
laptop lending capabilities by replacing outdated laptop computers at two
library locations and adding laptop computers at 15 additional locations; 2)
improve in-house technology lending capabilities through making tablets
available to younger children at each of the library’s 17 locations; 3) create
family friendly technology zones through merging technology (laptops and
tablets) with furniture (pods) at 14
locations; 4) replace outdated technology in the Main Library CreationStation
with equipment better suited to meet the needs of users working and
collaborating remotely. Grant funds are released upon completion of required
deliverables as provided for in the contract. Matching funds are credited
as staff time working on this project. In kind matching funds of $204,318 (74%
of the grant funds awarded) credited as staff time (staff time plus benefits)
working on this project. No new staff will be required for this project. Countywide
(AH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends motion
to receive and file: the first amendment to contract for
Consulting/Professional Services with The Lord’s Place, Inc., (TLP) dated
October 6, 2021 providing for a no cost extension from September 30, 2021 to
December 31, 2021. SUMMARY: On
January 12, 2021, the Board of County Commissioners approved
a contract for Consulting/Professional Services with the TLP and authorized the
County Administrator or her designee to execute any amendments relating to said
contract on behalf of the Board of County Commissioners, after approval of
legal sufficiency by the County Attorney’s Office, and within budget
allocations. This amendment was executed by the CJC Executive Director pursuant
to (R2021-0072). No County match is
required. Countywide (JW)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve:
A) a 2021 Amendment No. 1 to Emergency Triage,
Treat and Transport Model (ET3) Participation Agreement (R2020-1832) with the
Center for Medicare & Medicaid Services (CMS) to provide more time and
flexibility to implement the ET3 Model Interventions described in the
agreement, effective upon execution by both parties; and
B)
Delegation of authority to
the County Administrator or designee to execute and submit contract amendments
to the Participation Agreement to support implementation of the ET3 pilot
program.
SUMMARY: CMS is the agency within the U.S.
Department of Health and Human Services that is charged with administering the
Medicare and Medicaid programs. The Participant is an entity that is enrolled
in Medicare as an ambulance service supplier or ambulance provider. CMS is implementing the Emergency Triage,
Treat, and Transport Model (ET3 Model or Model) under Section 1115A of the
Social Security Act which authorizes CMS, through its Center for Medicare and
Medicaid Innovation, to test innovation payment and service delivery models
that have the potential to reduce Medicare, Medicaid or Children’s Health
Insurance Program (CHIP) expenditures while maintaining or improving the
quality of care for Medicare, Medicaid, or CHIP beneficiaries. The purpose of
the ET3 Model is to test whether paying for: 1) Transport to an Alternative
Destination; and 2) Treatment in Place, each furnished to low-acuity Medicare
fee for service (FFS) beneficiaries following a 9-1-1 call, will reduce
avoidable transports to the hospital; of Medicare FFS beneficiaries to
emergency departments and/or utilization of other Covered Services. The Participation Agreement was approved on
December 8, 2020 and provides for the participation in the ET3 program for the
performance period January 1, 2021 through December 31, 2025. This 2021 Amendment No. 1 provides the County
with more time and flexibility to implement the ET3 Model Interventions. Countywide (SB)
DECEMBER
21, 2021
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve:
A) the first amendment to the Interlocal
Agreement to provide additional phone services to the Town of Juno Beach; and
B) a budget amendment of $941 in the General Fund to allocate funds and
recognize revenue to one-time installation costs.
SUMMARY:
The Town of Juno Beach has an existing Interlocal Agreement with Palm Beach County (R2020-1099)
for network and phone services, and has requested additional phone lines for an
annual increase in revenue of $480 from $3,960 to $4,440. This first amendment to the Interlocal
Agreement includes updated terms to provide additional phone services to the Town of Juno Beach and requests ISS installation services
of phone cabling located at 340 Ocean Drive in the estimated amount of $941,
for which the Town of Juno Beach will reimburse the County upon completion.
District 1 (DB)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following Declarations related to coronavirus disease 2019 (COVID-19):
A) Declaration of Continuing State of
Emergency PBC, FL dated October 18, 2021; and
B) Termination of State of Emergency PBC,
FL dated October 19, 2021
SUMMARY: On March 13, 2020, a nationwide declaration
of emergency was issued due to an outbreak of COVID-19, a serious respiratory
illness that is highly contagious, can be fatal, and has already caused death.
The County issued a State of Local Emergency on Friday, March 13, 2020, which
remained through June 26, 2021. The Centers for Disease Control and Prevention
(CDC) has designated the B.1.617.2 variant of the COVID-19 virus, known as the
“Delta” variant, a variant of concern and it has caused a reversal in the
downward trajectory of cases and an alarming increase in hospitalizations.
Based on this recent surge, on August 17, 2021 the Palm Beach County Board of
County Commissioners (BCC) unanimously voted to declare a local State of
Emergency relating to the COVID-19 pandemic. The local emergency was ongoing
and the declarations of continuing the State of Local Emergency were 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 were available through the Coronavirus Aid, Relief,
and Economic Security Act, American Rescue Plan Act of 2021, and/or Federal
Emergency Management Agency Public Assistance. Staff were able to purchase
equipment, materials, supplies, and open non-congregate shelters for residents
and persons who may be in need of isolation. The Termination of State of
Emergency PBC, FL was signed October 19, 2021. Countywide (LDC)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to: receive and file: Victim of Crime Act (VOCA) FY2021/2022 grant agreement o-00678 with the
State of Florida, Department of Legal Affairs, Office of the Attorney General
for the period October 1, 2021 through September 30, 2022, to receive grant
funding in the amount of $531,829 to provide victim advocacy services. SUMMARY: The VOCA FY2021/2022 grant (CFDA 16.575)
agreement is an annual grant that provides funding to the Public Safety
Department’s Division of Victim Services (DVS) to assist victims of crime in
Palm Beach County. Six full-time Victim Advocate positions (pay grade 29) are
funded through this grant. The Victim Advocates provide victims with advocacy
services such as crisis counseling, personal advocacy, court accompaniment,
assistance with applying for victim’s compensation, information and referral,
emergency legal advocacy, and safety planning. The grant also includes $79,061
in operating expenses, which includes $28,121 in contractual therapy services,
$10,000 in COVID related expenses, and $40,940 in client relocation assistance.
If VOCA grant funding ceases, the positions will be deleted from the Victim
Services complement. R2006-0099 authorized the County Administrator or designee
to execute operational agreements with the State of Florida, Office of the Attorney
General, Bureau of Advocacy and Grant Management on behalf of the Palm Beach
County Board of County Commissioners. In
accordance with the Victims of Crime Act (VOCA) Fix Act, the Chief of Staff has
signed a blanket match waiver for all 2021-2022 VOCA subgrantees, therefore; no County match is required. Countywide
(JW)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff
recommends motion to approve: two at-large appointments to the Emergency Medical Services Advisory Council (EMS
Council) for the term December 21, 2021 through September 30, 2024.
Nominee Seat Designation Nominated by
|
Collette Cattafi |
2 |
PBC ER Nurses Forum |
PBC ER Nurses Forum |
William
Hall 3 Private Ambulance Provider American Medical Response
(AMR)
SUMMARY: Per Resolution R2014-0100, the Board of County Commissioners approved a representative make-up of the EMS Council to include 20 members. Thirteen members are representatives of the various components of the Emergency Medical Services (EMS) system with specific requirements and seven members are Commission District Consumer appointments. On September 30, 2021, the ER Nurses Forum seat term expired and the Council member for the Private Ambulance Provider resigned as of May 12, 2021, that term expired September 30, 2021. Letters were sent to each affiliation requesting a new nominee. The EMS Council currently has 18 seats filled. The EMS Council diversity count is as follows: Caucasian 17 (95%) and African American: 1 (5%). The gender ratio (male: female) is 12:6. Countywide (SB)
AA. PALM TRAN
1. Staff recommends
motion to approve: an
amendment to the current contract with Fischer & Phillips LLP, to provide
specialized professional services in the area of collective bargaining
negotiations and related labor and employment matters, to allow a four month
extension, pending the competitive selection and approval of a successor
contract. SUMMARY: Palm Tran has
employees represented by two labor unions, the Service Employees International
Union and the Amalgamated Transit Union Local 1577. The contractor
provides, on an as needed basis, services regarding public employer collective
bargaining negotiations, arbitrations and labor issues. The commencement
date of this proposed amendment is January 1, 2022 and the termination date is
April 30, 2022. Palm Tran has exhausted all renewal options. Countywide
(MM)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
CC. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: two fully executed Palm Beach County
FY2021 Grant Agreements managed by the Palm Beach County Sports Commission, Inc
on behalf of the Palm Beach County Tourist Development Council (TDC) with:
A) Orlando Youth Hockey Association, Inc. for the
promotion of the Columbus Day Discovery Showdown, held from October 7 - 10,
2021, for the term July 7, 2021 – January 7, 2022. This grantee was approved by
the TDC on September 9, 2021, in the amount of $8,000; and
B) Perfect Game USA, Inc. for the
promotion of the Perfect Game World Wood Bat Association, held from October 7 –
11, 2021, for the term June 7, 2021 – January 11, 2022. This grantee was
approved by the TDC on September 9, 2021, in the amount of $70,000.
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 (R94-702) 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. Combined,
these agreements generated a total of 12,419 room nights, and also funded
events which promoted sports tourism in Palm Beach County. District 7
(AH)
DECEMBER 21, 2021
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT
COUNCIL (Cont’d)
2. Staff recommends
motion to receive and file:
two fully executed Palm Beach County FY2021 Grant Agreements managed by the
Palm Beach County Sports Commission, Inc on behalf of the Palm Beach County
Tourist Development Council (TDC) with:
A) Prospect Wire 2
LLC., for the promotion of the Florida Fall Classic, held from September 25 -
26, 2021, for the term May 25, 2021 – December 26, 2021. This grantee was
approved by the TDC on September 9, 2021, in the amount of $7,000; and
B) Players International Management,
Inc., for the promotion of the USTA Columbus Day Open, held from October 9 –
11, 2021, for the term July 9, 2021 – January 11, 2022. This grantee was
approved by the TDC on September 9, 2021, in the amount of $5,000.
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 (R94-702) 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. Combined,
these agreements generated a total of 572 room nights, and also funded events
which promoted sports tourism in Palm Beach County. District 7 (AH)
* * * * * * * * * * * *
ADD-ON: COVID-19 by update
Dr. Alonso (Health Department)
DECEMBER 21, 2021
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. FIRE RESCUE
1. Staff recommends
motion to adopt: an Ordinance of the Board of County Commissioners
of Palm Beach County, Florida, amending Chapter 13, Article II, Division 3 of
the Palm Beach County Code, known as the “Palm Beach County Fire Rescue
Emergency Transport Fee Ordinance”; repealing and replacing section 13-58(b)
to provide providing for an increase in emergency transport fees; providing
for recitals; providing for repeal of laws in conflict; providing for
savings clause; providing for severability; providing for inclusion in the
code of laws and ordinances; providing for captions; and providing for
an effective date.
SUMMARY: The current fees for emergency transport
services are as follows:
Basic Life
Advanced Life Advanced Life
Effective Date Support
(BLS) Suppport-1 (ALS1) Support-2 (ALS2) Mileage
January 1, 2018 $670 $670 $830 $13.50
The proposed
ordinance amendment provides for an increase in the emergency transport fee
schedule as follows:
Basic Life
Advanced Life Advanced
Life
Effective Date Support
(BLS) Suppport-1 (ALS1) Support-2 (ALS2) Mileage
January 1, 2022 $690 $690 $850 $14.00
January 1, 2023 $710 $710 $870 $14.50
January 1, 2024 $730 $730 $890 $15.00
Establishing
these new rates will ensure that Fire Rescue continues to receive the Medicare
maximum allowance for ground transportation services. These fees were last increased on January 1,
2018. The proposed rates are comparable
to other billing agencies within the County and are estimated to result in an
additional $727,183 in revenues in the first full year. Countywide (SB)
DECEMBER 21, 2021
4. PUBLIC
HEARINGS – 9:30 A.M.
B. PUBLIC SAFETY
1. Staff recommends
motion to adopt: an Ordinance
of the Board Of County Commissioners of Palm Beach County, Florida, amending
Palm Beach County Code, Chapter 13, Article II, Division 1 (EMS Ordinance); amending
Section 13-22 (application for COPCN) relating to financial statements
requirement for special secondary service providers; providing for recitals;
providing for repeal of laws in conflict; providing for a savings clause;
providing for severability; providing for inclusion in the code; providing for
captions; and providing for an effective date. SUMMARY: On
December 7, 2021, the Board of County Commissioners approved a preliminary
reading and advertise for public hearing. In accordance with Palm Beach County
Code, Chapter 13, Article II, Division 1, Emergency Medical Services (EMS)
Ordinance, any agency desiring to provide non-transport ALS services within a
community until the primary provider arrives pursuant to a contract with that
Community Association must submit an application to the County and meet the
requirements for issuance of a Special Secondary Service Provider Certificate
of Public Convenience and Necessity (COPCN).
Currently, the EMS Ordinance requires the Department of Public Safety,
Division of Emergency Management to review the special secondary service
application, confirm compliance with the EMS Ordinance requirements, and
recommend approval. The EMS Ordinance sets forth COPCN application requirements
for special secondary service providers, including a requirement for privately
held entities to provide audited financial statements. Private agencies requested that this
requirement for special secondary service providers be revised to provide alternatives
to submitting audited financial statements.
On October 19, 2021, the Board of County Commissioners directed staff to
bring back an amendment to the financial statements requirement to provide more
flexibility for private agencies to provide special secondary services. The
amendment to the EMS Ordinance would allow special secondary service applicants
that do not have audited financial statements to instead submit reviewed
financial statements along with a written acknowledgment from the affected
Community Association, signed by an authorized representative, confirming that
the Community Association acknowledges and accepts that the applicant does not
have audited financial statements and has submitted with its COPCN application
reviewed financial statements in lieu of audited financial statements.
Following approval of this amendment, any application for Special Secondary
COPCN would still come back to the Board of County Commissioners for review and
approval. At the November 18, 2021 EMS Council meeting, the EMS Council
reviewed and recommended approval of the EMS Ordinance revisions. This proposed amendment to the EMS Ordinance
was presented to the League of Cities on November 24, 2021. Countywide (SB)
* * * * * * * * * * * *
DECEMBER 21, 2021
A. PALM
TRAN
1. Staff recommends
motion to approve: the 10-year Transit Development Plan (TDP) Major Update
prepared by Tindale Oliver, a Consultant for Palm Tran. SUMMARY:
The TDP is a strategic document that lays out the vision for public transit
services in Palm Beach County over the next ten years. Palm Tran updates its
TDP every five years for the next ten-year period. Accelerate 2031 is the
current update for 2022 through 2031. The Florida Department of Transportation
requires a TDP in order for Palm Tran to maintain eligibility for grant
funding. The TDP documents existing conditions and services, evaluates transit
demand and needs in the county, confirms the community’s goals for transit,
identifies transit improvements to achieve the desired goals over the next ten
years, and serves as Palm Tran’s strategic plan that enables the delivery of
Palm Tran’s vision. The proposed projects and estimated revenues/expenses
included in the TDP are projections only to be used for planning
purposes. Countywide (MM)
B. AIRPORTS
1. Staff recommends
motion to approve:
A) Amendment No. 8 to the Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group, Inc. (MGI) for CM at Risk Services for Miscellaneous Airport Improvements for Palm Beach County Department of Airports (Department) in the amount of $717,900 and 165 calendar days for Work Order SMC 11: Generator Controller Replacement at Palm Beach International Airport (PBI); and
B) a budget transfer of $717,900 in the Airport’s Improvement and Development Fund, including a reclass from Reserves in the amount of $717,900.
SUMMARY: The CM at Risk Contract with MGI was approved by the Board on
August 20, 2019 (R2019-1221). The Contract is for two years with three one-year
renewal options for CM at Risk Services for Airport Improvements for the
Department. MGI is a Danbury,
Connecticut, based firm; however, the work will be directly managed by their
southeast regional office in Palm Beach County. The County has exercised the
first one-year renewal option. The contract value to date is $6,630,932.71.
Approval of Amendment No. 8 in the amount of $717,900 and 165 calendar days
will enable MGI to complete SMC 11: Generator Controller Replacement at
PBI. This project includes replacement
of the controllers to the emergency generators that supply the temporary power
to the PBI Terminal Complex. The subcontracting scope for this project is a
sole source; therefore, it is not subject to the Affirmative Procurement
Initiatives for S/M/WBE participation. The current cumulative S/M/WBE
subcontractor participation for all work orders to-date under this contract is
37%. In addition, MGI’s S/MBE teaming
partner, Cooper, will provide 15% of the Construction Management Fees. Countywide (AH)
DECEMBER 21, 2021
5. REGULAR AGENDA
C. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
1. Staff recommends
motion to approve: a Resolution of the Board
of County Commissioners of Palm Beach County, Florida:
A) Terminating the interlocal agreement with the Sunshine State Governmental
Financing Commission (SSGFC) which allowed the County to become a member of the
SSGFC and thereby participate in the SSGFC’s pooled financing program;
B) Terminating the County’s membership in the SSGFC;
C) Authorizing the County Administrator or designee to take the necessary
steps to effectuate the foregoing, including, but not limited to, transmitting
the resolution, along with any related correspondence, as appropriate; and
D) Providing for certain other matters in connection therewith; and
providing for an effective date.
SUMMARY: The SSGFC is a public body corporate and politic created by member local
governments to establish a pooled financing program for the financing of
projects. The County holds a bond rating of AAA from the three major bond
rating agencies, has reliable access to bond markets and other financing
options, and possesses the ability to finance its own projects without the use
of a pooled financing program. The
County no longer has a need to participate in the Interlocal Agreement’s pooled
financing program. The Interlocal Agreement provides that each member is
subject to the terms of the Interlocal Agreement, until such time as it no
longer has any obligations or debts outstanding under the pooled financing
program. The County does not have any obligations or debts outstanding under
the pooled financing program. Countywide (DB)
DECEMBER 21, 2021
5. REGULAR AGENDA
D. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) a $70,000 budget transfer from the Park
Improvement Fund to the General Fund Orange Bowl Field at Glades Pioneer Park
Project budget; and
B) a $70,000 budget amendment in
the General Fund to recognize the transfer from the Park Improvement Fund and
allocate $697,013 from General Fund Contingency Reserves to reestablish the
project budget.
SUMMARY: On April 10,
2018, the Board adopted resolutions 2018-0597 and 2018-0598 approving a Project
Cooperation Agreement with O.B. Pioneer Park LLC (OBLLC) for the design, permitting,
and construction of the Orange Bowl Field Project at Glades Pioneer Park and a
budget transfer of $1,500,000 from General Fund Contingency Reserve to fund the
50% financial match of the project cost. OBLLC received grant funding for
$400,000, increasing the project budget to $3,400,000. Phase I consisted of a
synthetic athletic field, electronic scoreboard, and related items. Phase II, consists of the construction of a
community building with public restrooms.
OBLLC has determined that there is a $140,000 project funding deficit
associated with Phase II of the project. Per Article H(4)(e) of the contract,
if the OBLLC reasonably estimates that the cost of completing construction of
the Project exceeds the Total Allocation by less than ten percent (10%) then
the County shall have a right to agree through its County Administrator to fund
50% of such cost overruns. On October 7, 2021, the Orange Bowl Committee Board
of Directors approved an increase to the Glades Pioneer Park legacy gift
contribution of up to an additional $140,000, and per the Project Cooperation
Agreement is requesting that the County provide a 50% match of the project cost
($70,000). Funding for the 50% match has been made available in the Park
Improvement Fund Special Recreation Facilities & Museum Repair &
Renovation FY20 Project. Existing Special Recreation Facilities & Museum
Repair & Renovation projects have been re-prioritized so that this ongoing
project can be completed. In addition, a budget transfer from General Fund
Contingency Reserves is required to account for the $697,013 Orange Bowl
project balance from Phase I (carryforward) that was inadvertently returned to
the General Fund during the FY 2022 budget planning process. District 6 (AH)
DECEMBER 21, 2021
5. REGULAR AGENDA
E. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a
settlement agreement, inclusive of attorney’s fees and costs, in the total
amount of $1,160,000, pursuant to the pre-suit negotiations and mediations
regarding Palm Beach County vs. Area Agency on Aging of Palm Beach/Treasure
Coast, Inc. (the Agency). SUMMARY: This settlement stems
from pre-suit negotiations and two mediations regarding monies owed to Palm
Beach County by the Agency. The Agency failed to pay invoices from January 2019
to April 2019 in the total amount of $1,674,053.92. The Agency and its
insurance carrier, Philadelphia Insurance, have agreed to pay $1,160,000 of the
monies owed to the County within 20 days from approval by the Board of County
Commissioners, pursuant to a binding settlement agreement. Countywide
(DO)
* * * * * * * * * * * *
DECEMBER 21, 2021
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 21, 2021
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
DECEMBER 21, 2021
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER DAVE KERNER
Request for off-site Proclamation
declaring the second week of January 2022 as Supercar Week in Palm Beach County
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
DECEMBER 21, 2021
8. COMMISSIONER
COMMENTS CONTINUED
District 6 - COMMISSIONER MELISSA MCKINLAY
Request for off-site Certificate of
Appreciation Presented to Mark Bellissimo
District 7 – COMMISSIONER MACK BERNARD
DECEMBER 21, 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."