June 7, 2022

9:30am

 

 

IMPORTANT NOTICE: Banyan Boulevard, between Australian Avenue and Tamarind Avenue, to close for road reconstruction from June 6-July 3, 2022.  Please allow additional time to arrive for meetings.  For additional information, visit following link. https://www.wpb.org/Home/Components/News/News/2703/16

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 7, 2022

 

PAGE             ITEM

 

26                    4J                    ADD-ON: Proclamation declaring June 17, 2022 as Dump the Pump Day in Palm Beach County (District 4)

 

 

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


           

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

JUNE 7, 2022

 

 

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 6-25)

 

 4.        SPECIAL PRESENTATIONS (Page 26)

 

 5.        REGULAR AGENDA (Pages 27-31)

 

 6.        BOARD APPOINTMENTS (Page 32)

 

 7.        STAFF COMMENTS (Page 33)

 

 8.        BCC COMMENTS (Page 34)

 

 9.        MATTERS BY THE PUBLIC – 2:00 P.M. (Page 35)

 

10.       ADJOURNMENT (Page 36)

 

 

 

 

* * * * * * * * * * *


JUNE 7, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

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

 

C. ENGINEERING & PUBLIC WORKS

Page 6

            3C-1   Work order to contract with M&M Asphalt Maintenance, Inc. for the Sandy Run from Alexander Run to Jupiter Farms Road mill and resurface project

Page 7

            3C-2   Work order to contract with Ranger Construction Industries, Inc. for the Military Trail from Palmetto Park Road to Clint Moor Road mill and resurface project

 

F. AIRPORTS

Page 7

            3F-1    Railroad Reimbursable Agreement with FDOT and CSX Transportation for future maintenance costs at the North County General Aviation Airport Entrance Road

Page 8

            3F-2    Change order to contract with The Morganti Group, Inc. for the Building 846 Uninterrupted Power Supply Replacement project

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 8

            3G-1   Negotiated settlement offer to Deyanira Sota for full satisfaction of three code enforcement liens

Page 9

            3G-2   Negotiated settlement offer to John and Kimari Rhodes for full satisfaction of a code enforcement lien

            3G-3   Interlocal Agreement for the Co-Utilization of the Palm Beach County Surplus Property Thrift Store with the Town of Loxahatchee Groves

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 10

            3H-1   Change order to amendment to contract with The Weitz Company, LLC for the Water Utilities Department Water Treatment Plant No. 2, 3, 8, 9 and 11 Sodium Hypochlorite Tank Shade Structures project

Page 11

            3H-2   Consultant Services Authorization to contract with PGAL, Inc. for the Animal Care and Control Renewal/Repair/Replacement project

 

 

JUNE 7, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

Page 12

            3H-3   Change order to amendment to contract with Robling Architecture Construction, Inc. for the Fire Rescue Station No. 21 Renovations project

Page 12

            3H-4   Consultant Services Authorization to contract with Leo A. Daly Company for the Palm Beach County Sheriff’s Office Headquarters Renewal/Replacement/Renovation project

Page 13

            3H-5   Interlocal Agreement with the Office of the Public Defender, 15th Judicial Circuit for fleet management services

Page 14

            3H-6   Standard License Agreements with four agencies for use of county-owned property

Page 15

            3H-7   Temporary construction easement with the Canyon Lakes Homeowners Association, Inc. for installation of additional landscape material

 

J. PLANNING, ZONING & BUILDING

Page 16

            3J-1    Reappointments to the Construction Board of Adjustments and Appeals

 

K. WATER UTILITIES

Page 16

            3K-1    Contract with Hinterland Group Inc. for the Western Region Sanitary Sewer System Rehabilitation project

Page 17

            3K-2    Contract with Hinterland Group Inc. for the Wastewater Gravity Lines & Manhole Rehabilitation project

Page 18

            3K-3    Contract with Johnson-Davis Incorporated for the Water Main Improvements project

Page 19

            3K-4    Emergency extension to contract with Aquifer Maintenance and Performance Systems, Inc. for system-wide wellfield maintenance

Page 20

            3K-5    Consultant Services Authorization to contract with Chen Moore and Associates, Inc. for the Charleston Street Site Improvements project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 20

            3L-1    Receive and file change order to agreement with the State of Florida, Department of Environmental Protection for the South Lake Worth Inlet Management Plan Implementation project

 

JUNE 7, 2022

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

Q. CRIMINAL JUSTICE COMMISSION

Page 21

            3Q-1   Interlocal agreement with Florida State University, College of Criminology and Criminal Justice to research and evaluate the County’s current pretrial release practices

 

X. PUBLIC SAFETY

Page 21

            3X-1    Receive and file Partners in Protection Program Agreement with Boehringer Ingelheim Animal Health USA Inc. to provide flea, tick and heartworm products

Page 22

            3X-2    Amendment to contract with Dr. Linda Gregard, DVM PLLC for relief veterinary services

            3X-3    Receive and file Emergency Medical Services Grant Award Letter from the State of Florida Department of Health, Bureau of EMS to improve and expand the EMS system

Page 23

            3X-4    Appointment to the Emergency Medical Services Advisory Council

           

AA. PALM TRAN

Page 24

            3AA-1 Emergency contract with Freedom Bus Source LLC to purchase 32 paratransit cutaway buses

 

CC. TOURIST DEVELOPMENT COUNCIL

Page 25

            3CC-1 Receive and file grant agreements for promotion of three events

 

 

 

 

SPECIAL PRESENTATIONS

Page 26

            4A       Municipal Utility Operational Performance Excellence Award

            4B       West Palm Beach Fishing Club   

            4C       Haitian American Music and Food Festival Day

            4D       Rolando Chang Barrero Day

            4E       Certificate to Carl Boucard

            4F       Palm Beach Panthers Rugby Club’s 2022 National Championship

            4G       Code Enforcement Officers Appreciation Week

            4H       HIV Testing Day

            4I         Elder Abuse Awareness Month

 

 

 

 

JUNE 7, 2022

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. AIRPORTS

Page 27

            5A-1    Amendment to agreement with AECOM Technical Services, Inc. for services related to the Palm Beach County Airports Capital Improvement Plan

Page 28

            5A-2    Amendment to agreement with HDR Engineering, Inc. for services related to the Palm Beach County Airports Capital Improvement Plan

 

            B. FACILITIES DEVELOPMENT & OPERATIONS

Page 29

            5B-1    Final Report of the Palm Beach County Judicial Facilities Master Plan update

 

            C. ADMINISTRATION

Page 30

            5C-1   Resolution supporting the construction of honorary designation markers on a portion of State Road 715/Bacom Point Road between W. Morgan Road and S.W. 14th Street in Palm Beach County in honor of fallen Deputy Sheriffs Donta Manuel and Jonathan Wallace

            5C-2   Receive and adopt the 2022 Federal Legislative Agenda

 

D. OFFICE OF RESILIENCE

Page 31

            5D-1   Ordinance amending the Palm Beach County Code, related to the Property Assessed Clean Energy Program

 

 

BOARD APPOINTMENTS (Page 32)

 

STAFF COMMENTS

Page 33

            7A-1    Receive and file updated Board Directive Reports       

 

COMMISSIONER COMMENTS (Page 34)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 35)

 

ADJOURNMENT (Page 36)

 


JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

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

 

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

 

3.         Staff recommends motion to receive and file:  change orders, work task orders, minor contracts, final payments and other items approved by the Contract Review Committee and by the department heads for the Engineering Department; Facilities Development and Operations Department; Water Utilities Department; Environmental Resources Management Department; and the Department of Airports during April 2022. Countywide

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to approve: Work Order 2021050-11 in the amount of $275,000 to mill and resurface Sandy Run from Alexander Run to Jupiter Farms Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2021-0985 (Contract) with M&M Asphalt Maintenance, Inc. d/b/a/ All County Paving (M&M). 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 $4 million of M&M’s $50 million Contract that was approved on August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one of three contracts that had an available total of $50 million for the annual asphalt milling and resurfacing program. The Affirmative Procurement Initiative selected for this Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise (SBE) participation. M&M agreed to 15% SBE participation for the Contract and for this work order. The cumulative SBE participation, including this work order is 15%. This project is included in the infrastructure sales tax. District 1 (YBH)

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

2.         Staff recommends motion to approve: Work Order 2021050-17 in the amount of $2,256,000 to mill and resurface Military Trail from Palmetto Park Road to Clint Moore Road utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2021-0984 (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 $7 million of Ranger’s $50 million Contract that was approved on August 17, 2021, by the BCC, has been spent or encumbered. This Contract is one of three contracts that had an available total of $50 million for the annual asphalt milling and resurfacing program. The Affirmative Procurement Initiative selected for this Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum mandatory Small Business Enterprise (SBE) participation. Ranger agreed to 15% SBE participation for the Contract and for this work order. The cumulative SBE participation, including this work order is 15%. This project is included in the infrastructure sales tax. District 4 (YBH)

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve: a Railroad Reimbursable Agreement with the Florida Department of Transportation (FDOT) and CSX Transportation (CSXT) for future maintenance costs to be paid by the County in the amount of $1,967 annually, subject to increase by Consumer Price Index every five years. SUMMARY: Palm Beach County (County) entered into a Railroad Easement Agreement with CSXT on March 3, 1992 (R92-326) for the construction of railroad grade crossings, installation of traffic control devices for railroad grade crossings and future maintenance and adjustments of said crossing at the North Palm Beach County General Aviation Airport (Airport) Entrance Road located at Mile Post SX-954.36. CSXT has notified the County that the railroad crossing at the entrance to the Airport has been programmed to be upgraded to meet required safety improvements. The project includes the installation of two new gates with bells and new cable, which will be paid for and completed by FDOT. Approval of the agreement will enable the County to reimburse CSXT for future maintenance of the highway bed outside of the railroad ties in addition to sharing equally the annual maintenance costs of the safety equipment installed for this improvement between the County and CSXT. Maintenance costs to be paid by the County are $1,967 annually subject to increase by Consumer Price Index every five years. Countywide (AH)

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve:  Change Order No. 2 to Amendment No. 4 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) to extend the project time by 70 calendar days for Work Order SMC 08: Building 846 Uninterrupted Power Supply (UPS) Replacement at Palm Beach International Airport (PBI). SUMMARY:  Amendment No. 4 was approved by the Board on April 6, 2021 in the amount of $438,131 and 175 calendar days (R2021-0463). The project includes the replacement of the UPS equipment that supports the Department's employee computer network and several critical systems for PBI. The Department suspended the project time due to material supply chain impacts during the procurement phase. Change Order No. 1 was approved to resume the project time and extend the completion date by 89 calendar days. Approval of Change Order No. 2 is required to provide additional time to coordinate and schedule the cutover to the new UPS. There is no change in cost associated with this change order. Countywide (AH)

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $15,000 for the full satisfaction of three Code Enforcement liens that were entered against Deyanira Soto on July 10, 2019 and August 7, 2019. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered two separate Orders on August 15, 2018 and October 5, 2018 for the property owned by Deyanira Soto providing her a reasonable amount of time to take certain corrective actions to bring her property located at 4981 Carver St, Lake Worth, FL into full compliance. The property had been cited for several code violations that resulted in three separate code liens.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $75 per day was imposed for each case. The CESM then entered two claim of liens against Deyanira Soto on July 10, 2019 and one on August 7, 2019. The Code Enforcement Division issued the final Affidavit of Compliance for the property on February 10, 2022 stating that the cited code violations had been fully corrected. The total accrued lien amount through April 14, 2022, the date on which settlement discussions began, totaled $198,857.44. Deyanira Soto has agreed to pay Palm Beach County $15,000 (7.5%) for full settlement of her outstanding Code Enforcement liens. District 3 (SF)

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

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

 

2.         Staff recommends motion to approve:  a negotiated settlement offer in the amount of $4,200 for the full satisfaction of a code enforcement lien that was entered against John and Kimari Rhoads on July 10, 2019. SUMMARY: The Code Enforcement Special Magistrate (CESM) entered an Order on August 15, 2018 for the property owned by John and Kimari Rhoads providing them until February 11, 2019 to bring their property located at 10826 151st Ln N, Jupiter, FL into full compliance. The property had been cited for an exterior electric lighting lamp on the roof and a pole barn installed without a valid building permit.  Compliance with the CESM’s Order was not achieved by the ordered compliance date and a fine in the amount of $50 per day was imposed. The CESM then entered a claim of lien against John and Kimari Rhoads on July 10, 2019. The Code Enforcement Division issued an Affidavit of Compliance for the property on April 29, 2021 stating that the cited code violations had been fully corrected as of February 4, 2021. The total accrued lien amount through April 20, 2022, the date on which settlement discussions began, totaled $41,676.32. Mr. Rhoads has agreed to pay Palm Beach County $4,200 (10%) for full settlement of their outstanding Code Enforcement lien. District 1 (SF)

 

3.         Staff recommends motion to approve: an Interlocal Agreement for the Co-Utilization of the Palm Beach County Surplus Property Thrift Store with the Town of Loxahatchee Groves. SUMMARY: The Palm Beach County Thrift Store is a municipal investment recovery cooperative involving sixteen other area local governments, in addition to Palm Beach County. At present, these sixteen partner agencies have interlocal agreements whereby they utilize the Thrift Store for the disposal of their surplus tangible personal property assets. In return, the County receives a sales commission fee for selling items belonging to these agencies. The Town of Loxahatchee Groves has expressed a desire to join the cooperative. It is a municipality making it eligible to participate. Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Change Order No. 6 to Amendment No. 6 of the continuing contract with The Weitz Company, LLC (R2016-0763) decreasing the Guaranteed Maximum Price for construction management services for the Water Utilities Department Water Treatment Plant No. 2, 3, 8, 9 and 11 Sodium Hypochlorite Tank Shade Structures project in the amount of $218,815.15.  SUMMARY: On November 17, 2020, the Board of County Commissioners (Board) approved Amendment No. 6 (R2020-1704) to the contract with The Weitz Company, LLC in the amount of $2,637,378 for the installation of shade structures. There is $218,815.15 remaining as a result of buyout savings, unused allowances, and unused contractor contingency. All savings will be returned to the Capital Improvement fund. This continuing construction management contract was presented to the Goal Setting Committee on February 20, 2019 and the Committee established an Affirmative Procurement Initiative of a 20% Small Business Enterprise (SBE) subcontracting goal on the contract.  The Weitz Company, LLC is not an SBE but is a Palm Beach County business. To date, the cumulative SBE participation for this project is 11.36%. (Capital Improvements Division) Districts 2, 3, 5 & 6 (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 5 to the contract with PGAL, Inc. (R2019-0984) in the amount of $319,500 to provide additional professional design services for the Animal Care and Control (ACC) Renewal/Repair/Replacement (R/R/R) project located at 7100 Belvedere Road in West Palm Beach. SUMMARY: On July 2, 2019, the Board of County Commissioners (Board) approved the contract with PGAL, Inc. (R2019-0984) to provide professional architectural/engineering design, programming, site plan approval, permitting, and construction administration services for the ACC R/R/R project; and authorized the County Administrator or designee to execute CSA No. 1 in an amount not to exceed $200,000 to complete a comparative study. Four design options were identified through the Comparative Study, which were presented to the Board for consideration during its May 17, 2020 workshop meeting. The Board selected design option 3, which carried an estimated construction cost of $38,826,718, exceeding the allocated project budget. As a result, the Board instructed staff to proceed only with the initial phases of design to ensure that any renewal/replacement work that needs to be done until the necessary capital appropriation to fund the entirety of the project is approved, is consistent with the design option selected. CSA No. 4 directed the consultant to develop design documents including a design intent report, schematic design documents, and partial 50% Design Development (DD) documents. On January 4, 2022, the Board approved the Re-estimated Infrastructure Surtax Project Plan, which included the additional funding required for full design and construction of the facility. Given the funding authorization granted by the Board, County staff in consultation with the design consultant has concluded that it would be most beneficial to continue the design through 100% completion of the DD phase. CSA No. 5 includes additional planning, architectural design, mechanical, electrical and plumbing engineering, civil engineering, and landscaping design required to complete the balance of the remaining design development phase. PGAL Inc. has a local office in Palm Beach County and will be utilizing eight Small Business Enterprise (SBE), and Minority/Women-Owned Business Enterprise sub-consultants for the project. The solicitation for design professionals was advertised on March 17, 2019 according to the Equal Business Opportunity Program, with the Final Selection taking place on May 29, 2019. On March 6, 2019, the Goal Setting Committee established an Affirmative Procurement Initiative requiring a minimum mandatory goal of 20% SBE participation. The prime consultant is not an SBE however, has committed to 18.55% SBE participation on this CSA. To date the consultant has achieved 28.41% SBE participation under this contract. The total construction cost of this project is estimated at $38,826,718. This project is funded from the Infrastructure Sales Tax fund. (Capital Improvements Division) District 2 (MWJ)

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: Change Order No. 6 to Amendment No. 21 of the continuing contract with Robling Architecture Construction, Inc. (R2016-0762) decreasing the Guaranteed Maximum Price for construction management services for the Fire Rescue Station No. 21 Renovations project in the amount of $126,522.85. SUMMARY: On June 2, 2020, the Board of County Commissioners (Board) approved Amendment No. 21 (R2020-0559) to the contract with Robling Architecture Construction, Inc. in the amount of $775,570.08 to incorporate interior modifications and improvements to Fire Station No. 21. The work included providing bunkrooms for the emergency response team, restroom improvements for staff, additional storage for bunker gear, and Americans with Disabilities Act improvements to the public restroom and entrance areas. There is $126,522.85 remaining as a result of buyout savings, unused allowances, and unused contractor contingency. All savings will be returned to the Fire Rescue Improvement fund. This continuing construction management contract was presented to the Goal Setting Committee on February 20, 2019 and the Committee established an Affirmative Procurement Initiative of a 20% Small Business Enterprise (SBE) subcontracting goal on the contract. Robling Architecture Construction, Inc. is not an SBE but is a Palm Beach County business. To date, the SBE participation for this project is 40.67%. (Capital Improvements Division) District 6 (MWJ)

 

4.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 6 to the professional services contract (R2017-0594) with Leo A. Daly Company to provide design and construction administration phase services for the Palm Beach County Sheriff’s Office Headquarters (PBSO HQ) Renewal/Replacement/Renovation (R/R/R) project in the amount of $176,826. SUMMARY:  On May 2, 2017, the Board of County Commissioners approved contract R2017-0594 with Leo A. Daly Company for architectural/engineering services for the PBSO HQ R/R/R project. CSA No. 6 authorizes additional design and construction administration services to address unforeseen building conditions discovered during construction, including revisions required to the recently completed asbestos abatement zones, and the Palm Beach Sheriff’s Office requested plan updates to accommodate the reorganization of select key staff members. The professional services contract with Leo A. Daly Company was awarded under the prior Small Business Enterprise (SBE) Ordinance. Leo A. Daly Company is not an SBE, but committed to an SBE participation goal of 26.50% for this contract. Leo A. Daly Company committed to 37.07% SBE participation for this CSA. To date, the Small/Minority/Women Owned Business Enterprise participation for consultant services authorizations issued under this design contract is 26.11%. Leo A. Daly Company is a local business. The funding source for this project is from the Infrastructure Sales Tax fund. (Capital Improvements Division) District 3 (MWJ)

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Office of the Public Defender, 15th Judicial Circuit (Office), providing fleet management services for a period of five years upon execution of this Agreement.  SUMMARY:  The Agreement provides the terms and conditions under which the County provides fleet management services to the Office of the Public Defender. The Agreement establishes the mechanisms by which the County will: 1) provide fuel management, including the billing structure and annual notice of the administrative markup, 2) preventative maintenance and corrective repairs to vehicles and equipment, and 3) the management of the Vehicle Replacement Policy Fund. The terms of the Agreement are standard and the rates are consistent with those being charged to County Departments. In the event that the County must out-source the work, a separate commercial repair rate is provided. The rates may be adjusted annually but in no event shall the fees to the Office exceed the fee schedule applied to County Departments. The term of the Agreement is five years commencing on June 7, 2022. There are two renewal options for a period of five years each. The Agreement may be terminated by either party for any reason upon 60 days-notice. The County does not require any additional staffing and/or equipment to enter this Agreement. (FDO Admin) Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

6.         Staff recommends motion to receive and file:

 

A)  Standard License Agreement for Use of County-Owned Property for a period             of May 3, 2022 through May 2, 2023, with the TDM Technologies International LLC., (North County Senior Center);

 

B) Standard License Agreement for Use of County-Owned Property for a period of March 31, 2022 through March 30, 2023, with Kerry Barnes, (North County Senior Center);

 

C) Standard License Agreement for Use of County-Owned Property for a period of April 18, 2022 through April 17, 2023, with Wanda I. Serbia, (North County Senior Center);  and

 

D)  Standard License Agreement for Use of County-Owned Property for a period of April 28, 2022 through May 1, 2022, with Sunfest of Palm Beach County, Inc., (Judicial Center Parking Garage and surface lot, Governmental Center Parking Garage and 4th Street Parking lot).

 

            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 agreements  have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator or designee, which in these instances was the Director of Facilities Development and Operations Department. The Standard License Agreements were approved in accordance with R2010-0333, as amended and approved by the Board on October 1, 2013. These executed documents are now being submitted to the Board to receive and file. (FDO Admin) Countywide (DB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

7.         Staff recommends motion to approve: a Temporary Construction Easement (TCE) with the Canyon Lakes Homeowners Association, Inc. (HOA), a not for profit corporation, in favor of Palm Beach County for the installation of additional landscape material within the HOA’s existing landscape buffer.  SUMMARY:  Canyon District Park (Park) is located just south of Boynton Beach Boulevard between Acme Dairy Road and Lyons Road in unincorporated Palm Beach County. The first phase of the park is currently under construction. As a part of negotiations with the adjacent Canyon Lakes HOA, the County is required to construct a landscape buffer. The HOA has an existing elevated landscape buffer around the perimeter of said subdivision. The County’s Parks and Recreation Department (Department) has determined that enhancement of the HOA’s landscape buffer reduces the need for a raised landscape buffer on County land thereby freeing up land for additional park amenities. The TCE between the County and the HOA will provide a means for the County to install additional landscape material within the HOA’s landscape buffer. A planting plan was developed by the Department and approved by the Canyon Lakes HOA. The Department will utilize both the Engineering Department’s annual landscape contract (R2020-0749) and Parks and Recreation landscape contract (CMA-680-21020) to procure the landscape installation services. Total cost of the installation is $143,335, below the estimated $300,000 needed to construct a similar buffer within the park’s boundary. The HOA will be responsible for the ongoing maintenance of the landscape buffer material following installation. (Property & Real Estate Management) District 5 (HJF)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

            J.         PLANNING, ZONING & BUILDING

 

1.         Staff recommends motion to approve: reappointment of two members to the Construction Board of Adjustments and Appeals (CBAA).

 

Reappointment

Seat

Requirement

Term

Nominated by

Bart Rasper

1

Plumbing Contractor

6/7/22-6/6/25

Plumbing Air Conditioning Contractors Industry Fund

Rex Kirby

8

Division I Contractor

6/7/22-6/6/25

AGC Florida East Coast Chapter

 

 

SUMMARY:  Bart A. Rasper has been nominated by the Plumbing Air Conditioning Contractors Industry Fund to serve a third three-year term as the plumbing contractor on the Construction Board of Adjustment and Appeals (Board).  Rex Kirby has been nominated by the AGC Florida East Coast Chapter (AGC) to serve a third three-year term as a Division I contractor on the Board.  The term of office for Board members is three years, with a limit of three consecutive three-year terms. The Board has 11 seats with 8 currently filled and a diversity count of Caucasian: 6 (75%) African American: 1 (12.5%) and Hispanic: 1 (12.5%). The gender ratio (female: male) is 1:7. The nominees are both Caucasian males. Staff will continue to address the need to increase diversity on our boards. Countywide (RM)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: a contract for the Western Region Sanitary Sewer System Rehabilitation (Project) with Hinterland Group Inc. (Contractor) in the amount of $8,162,377.28. SUMMARY: On December 16, 2021, the Palm Beach County Water Utilities Department (PBCWUD) received one bid for the Project. Contractor was determined to be the lowest responsive and responsible bidder in the amount of $8,162,377.28. The Project provides for all labor, materials, equipment, supervision, and supplies for the rehabilitation of the gravity system in 12 lift station basins in the PBCWUD service area. The work includes the installation of cured-in-place sewer pipe lining, sewer services lining, point repair on sewer mains, restoration of sewer services, service line connections, rehabilitation of manholes, and site restoration. This contract was procured under the requirements of the Equal Business Opportunity Ordinance. On April 21, 2021, the Goal Setting Committee applied an Affirmative Procurement Initiative of a Small Business Enterprise (SBE) Price Preference. None of the bidder(s) were determined to be eligible to receive the SBE Price Preference.  The contract provides for 0% SBE. Contractor is a Palm Beach County based company. The Project is included in the PBCWUD FY22 budget.  (PBCWUD Project No. 21-031R) District 6 (MWJ)

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: a Continuing Contract for Wastewater Gravity Lines & Manhole Rehabilitation (Contract) with Hinterland Group Inc. (Contractor) for a three year term in the amount of $19,603,692. SUMMARY: On January 11, 2022, the Palm Beach County Water Utilities Department (PBCWUD) received one bid for the Contract. The Contractor was determined to be the lowest responsive and responsible bidder. The Contract will be used to expedite utility capital improvement projects and any emergency projects for repairs and rehabilitation of manholes and wastewater gravity lines throughout PBCWUD’s service area where timing is critical. The Contract award is for the unit bid prices received and the overall bid dollar amount of $19,603,692, which was utilized to establish the unit prices for work to be undertaken under the Contract. The Contract does not guarantee nor authorize Contractor to perform any work. Work will be assigned during the three year Contract period by work authorizations 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 work authorization. This Contract was procured under the requirements of the Equal Business Opportunity Ordinance. On August 18, 2021, the Goal Setting Committee applied an Affirmative Procurement Initiative (API) of a minimum mandatory 5% Small Business Enterprise (SBE) subcontracting goal. The Contractor has met the established API for this Contract. The Contract provides for 5.13% SBE participation which includes 0.79% MBE participation, 0.79% (H). The Contractor is a Palm Beach County company. The planned projects will encumber the budget/amounts as shown in II. A. Five Year Summary of Fiscal Impact.  The planned projects are included in the PBCWUD FY22 and FY 23 budgets.  (PBCWUD Project No. 21-060) Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

3.         Staff recommends motion to approve: a contract for Water Main Improvements (Project) with Johnson–Davis Incorporated (Johnson–Davis) in the amount of $5,757,115. SUMMARY:  On December 15, 2021, the Palm Beach County Water Utilities Department (PBCWUD) received five bids for the Project. The Project provides for the installation and replacement of approximately 15,260 linear feet (LF) of water mains varying in size and appurtenances, installation of one aerial canal crossing, installation of approximately 360 LF of sanitary force main, and installation of approximately 3,052 LF of water main and a horizontal directional drill (HDD) throughout 13 project locations within PBCWUD’s service area. The Project was procured under the requirements of the Equal Business Opportunity Ordinance. On October 6, 2021, the Goal Setting Committee applied an Affirmative Procurement Initiative (API) of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting participation of which 3% shall be among certified African American and/or Hispanic American owned firms. Johnson-Davis has met the established API for this contract. Johnson–Davis was determined to be the lowest, responsive, and responsible bidder in the amount of $5,757,115. The contract with Johnson–Davis provides for 23.04% SBE participation, which includes 4.21% MBE participation, 4.21% MBE (H). Johnson–Davis is a Palm Beach County based company. The project is included in the PBCWUD FY 22 budget. (PBCWUD Project No. 15-013) Countywide (MWJ)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

4.         Staff recommends motion to approve: an Emergency Extension to the contract with Aquifer Maintenance and Performance Systems, Inc., (AMPS) for System-Wide Wellfield Maintenance for Palm Beach County Water Utilities Department (PBCWUD) (Contract) to extend the Contract for an additional nine month period with a $750,000 increase of funds to the Contract amount. SUMMARY: On March 14, 2017, the Board of County Commissioners (BCC) approved the Contract (R2017-0315) with AMPS, in the amount of $1,189,076.  On January 23, 2018, Amendment No. 1 (R2018-0075) to the Contract renewed the Contract for an additional 12-month period.  On February 5, 2019, Amendment No. 2 (R2019-0217) to the Contract renewed the Contract for an additional 12-month period and increased the Contract amount by $500,000 to $1,689,076. On March 17, 2020, Amendment No. 3 (R2020-0317) to the Contract renewed the Contract for an additional 12-month period and increased the Contract amount by $300,000 to $1,989,076. On March 9, 2021, Amendment No. 4 (R2021-0359) to the Contract renewed the Contract for an additional 12-month period and increased the Contract amount by $300,000 to $2,289,076.  There are no additional extensions remaining on the Contract. On March 8, 2022, the BCC approved an Emergency Extension (R2022-0203) to the Contract extending the Contract for an additional three-month period with no increase to the Contract amount. However, an extension of time equal to an additional nine months is required for the continuation of maintenance, which shall include replacement of associated pumps and motors reaching the end of life expectancy. Staff is therefore recommending this emergency extension to the Contract. This emergency extension is beneficial to the interest, health, safety or welfare of the County. New specifications are being developed and the bidding process for a new contract is in progress; however, the new contract will not be executed prior to the expiration of the three-month extension under R2022-0203. It is anticipated to have a new Contract awarded and in place by the end of this extension period. The requested extension shall increase the Contract funding by $750,000 to $3,039,076.  The Contract extension does not guarantee nor authorize work.  Work will be assigned during the nine-month extension period utilizing formal Construction Delivery Orders (KDO) drawn against the Contract, with the project cost identified on each KDO. The unit prices contained in the Contract will be used to determine the cost of the KDO’s.  This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2000-0064) 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 provided for 0% SBE participation, however; AMPS has been certified as an SBE for the provision of well services, including drilling, plugging, consulting, maintenance and repair. AMPS is a Palm Beach County based company.  (PBCWUD Project No. 16-001/VMG) Countywide (MWJ)

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

5.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 11 to the Consulting/Professional Services General Utility, Architectural and Value Engineering Services (Contract) with Chen Moore and Associates, Inc. (CMA) for the Charleston Street Site Improvements (Project) for a not to exceed amount of $197,451.75. SUMMARY: On December 15, 2020, the Board of County Commissioners (BCC) approved the Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-1891) with CMA. CSA No. 11 provides for professional engineering services to rezone the property to public ownership and site planning of the Project to allow for development of the property. 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 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 African American owned firms. The Contract provides for 27% SBE participation, which includes 27% MBE participation, 17% MBE (B). CSA No. 11 with CMA provides for 50.47% SBE participation, which includes 18.62% MBE participation, 17.70% MBE (B). The cumulative SBE participation, including CSA No. 11 is 28.41%, which includes 10.45% MBE participation, 10.37% MBE (B). CMA is a Palm Beach County based company.  The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 22-006). District 3 (MWJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file: Change Order No. 1 to the State of Florida, Department of Environmental Protection (FDEP) Agreement No. 20PB11 (Agreement) for a budget reallocation of $14,914.76 in the South Lake Worth Inlet Management Plan Implementation (Project).  There is no change to the grant amount or to the termination date of July 30, 2023. SUMMARY: On October 8, 2019, the Board of County Commissioners approved the Agreement providing for design, construction, and monitoring of the Project (R2019-1540). The change order reallocates $14,914.76 from monitoring to design in order to provide State cost share on the remaining underfunded portion of design work. Delegated authority to execute all future time extensions, task assignments, certifications, and any other forms associated with the Agreement, and any necessary minor amendments that do not significantly change the scope of work, terms, or conditions of the Agreement was approved along with the Agreement pursuant to PPM No. CW-O-051. 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. There is no cost to the County.  District 4 (SS)

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to: 

 

A) approve an Interlocal Agreement with the Florida State University, College of Criminology and Criminal Justice (FSU) to perform research and evaluation of the County’s current pretrial release practices to begin June 7, 2022 through January 31, 2023 in an amount not to exceed $67,250; and

 

B) authorize the County Administrator or designee to execute any amendments, reports, or documents relating to this agreement on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office and within budgeted allocations.

 

SUMMARY: On September 1, 2021, the County, through its Criminal Justice Commission (CJC), executed a Memorandum of Understanding (MOU) with FSU to collaborate on policy/practice relevant research. This Interlocal Agreement supports this MOU. FSU will provide research and evaluation services to the County’s CJC in support of its ongoing commitment to the MacArthur Foundation’s Safety and Justice Challenge (SJC). The key objectives of the SJC are to: 1) reduce jail populations and 2) address racial and ethnic disparities. This project will address both of these objectives by focusing on current pretrial release practices in Palm Beach County.  In support of these objectives, FSU will conduct a series of analyses to evaluate current pretrial release practices in Palm Beach County. All work will be completed in consultation with the CJC. No county match is required. Countywide (JW)

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: Partners in Protection Program Agreement (Agreement) with Boehringer Ingelheim Animal Health USA Inc. to provide NexGard and Frontline flea and tick control products and Heartgard heartworm preventative product for the Division of Animal Care and Control (Division) shelter animals at no cost to the County, and discounts for rabies and other vaccines for the period February 1, 2022 through January 31, 2025. SUMMARY:  This Agreement will provide the Division with NexGard, Frontline, and Heartgard brand products at no cost to the County, and discounts for rabies and other vaccines for shelter dogs and cats in its care for the prevention of fleas, ticks and heartworm. The Division will display NexGard, Frontline, and Heartgard products, through materials provided by Boehringer Ingelheim Animal Health such as marketing collateral and coupons. The County’s Purchasing Department Assistant Director executed this agreement pursuant to Palm Beach County Purchasing Policy and Procedure CW-L-008 and is now submitting the agreement as required. Countywide (AH)

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

2.         Staff recommends motion to approve: an amendment to the contract for Professional Services in the area of veterinary and medical services with Dr. Linda Gregard, DVM PLLC, for relief veterinary services at the main shelter (R2021-0931) in an amount not to exceed $62,000 for the period retroactive to February 1, 2022 through May 31, 2022.  SUMMARY:  The Animal Care and Control Division is required to provide appropriate and necessary veterinary services for sheltered animals. The relief veterinarian will enable staff to maintain an acceptable number of veterinarians to handle the volume of animals processed, especially during periods of high influx.  This contract amendment is retroactive to February 1, 2022 in order to cover increased professional fees. Countywide (SF)

 

3.         Staff recommends motion to:

 

A) receive and file the Emergency Medical Services (EMS) County Grant ID Code C0050 Award Letter from the State of Florida Department of Health, Bureau of EMS to improve and expand the EMS system for the period March 24, 2022 through March 24, 2023, in the amount of $138,411; and

 

B)  approve a budget amendment of $138,411 in the EMS Grant Fund to adjust the budget to reflect the actual grant award of $138,411.

 

SUMMARY:  The EMS County Grant (CSFA #64.005) is an annual grant provided to Palm Beach County from the Florida Bureau of EMS to improve and expand the EMS system.  The funds are used to purchase EMS equipment, which is distributed to EMS providers, and other agencies that are eligible for EMS grant funding. On March 8, 2022, R2022-0214 authorized the County Administrator to sign the FY2021-2022 annual EMS county grant application. No county matching funds are required. Countywide (SB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY (Cont’d)

 

4.         Staff recommends motion to approve: one “At Large” appointment to the Emergency Medical Services Advisory Council (EMS Council) to complete the unexpired term ending September 30, 2023. 

 

Nominee

Seat     

Designation

Nominated by

 

Cory Bessette

   5

Palm Beach County EMS Providers

Palm Beach County Association of EMS Providers

 

 

 

 

 

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 EMS system with specific requirements and seven members are Commission District Consumer appointments. The Council member of this seat resigned as of April 1, 2022 and the Palm Beach County Association of EMS Providers is requesting the new nominee. The one nominee is a Caucasian male who will complete the former member’s Council term. With the appointment to this seat, the EMS Council will have 20 seats filled. The EMS Council will have a diversity count as follows: Caucasian: 19 (95%) and African American: 1 (5%). The gender ratio (male: female) will be 14:6. Countywide (SB)

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

AA.     PALM TRAN

 

1.         Staff recommends motion to approve:  an emergency contract with Freedom Bus Source LLC in the amount of $3,827,925.18 for the period of contract execution to October 31, 2022, to purchase 32 paratransit cutaway buses to be used in the provision of Paratransit services.  SUMMARY:  On February 15, 2022, the Florida Department of Transportation (FDOT) informed Palm Tran that the Transit Research Inspection Procurement Services Program (TRIPS) contract cannot be used until State Fiscal Year 2024 (after July 1, 2023). An emergency contract is required to replace paratransit vehicles that have reached useful life in accordance with Palm Tran’s level fleet replacement plan. This procurement ensures that the Paratransit fleet remains in a state of good repair and that Palm Tran Connection can continue to provide efficient and reliable paratransit service for the ADA eligible riders. This emergency contract adopts and incorporates by reference the terms and conditions (except for the pricing of the buses) of the FDOT Contract #TRIPS-17-CA-FBS, dated March 2017. The TRIPS contract historically has established a statewide Purchasing Agreement with Freedom Bus Source (contractor) and Turtle Top (manufacturer) for the manufacture and delivery of cutaway vehicles that are traditionally used by Palm Tran Connection. The current lack of needed vehicles is detrimental to the interest, health, safety or welfare of the County by reducing the provision of paratransit services. Without an emergency purchase of paratransit vehicles, Palm Tran will be unable to provide transportation services for life sustaining appointments for the most vulnerable and delicate population in Palm Beach County. Countywide (MM)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     TOURIST DEVELOPMENT COUNCIL

 

1.         Staff recommends motion to receive and file: three 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) Maureen Connolly Brinker Tennis Foundation, Inc., for the promotion of the Little “Mo” Internationals in Florida, held from December 3 - 8, 2021, for the term August 3, 2021 – April 8, 2022. This grantee was approved by the TDC on September 9, 2021, in the amount of $12,500;

 

B) Caribbean Baseball Organization, Inc., for the promotion of the Palm Beach Challenge College & International Baseball Festival, held from March 9 – 31, 2022, for the term September 9, 2021 – June 30, 2022. This grantee was approved by the TDC on December 9, 2021, in the amount of $15,000; and

 

C) Foster Events Group, LLC, for the promotion of the Association of Pickleball Professionals Delray Beach Pickleball Open, held from March 22 - 27, 2022, for the term September 15, 2021 – June 20, 2022.  This grantee was approved by the TDC on December 9, 2021, in the amount of $12,000.

 

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 9,121 room nights, and also funded events which promoted sports tourism in Palm Beach County. Districts 1, 2 & 7 (YH)

 

 

 

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JUNE 7, 2022

 

 

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

 

            A)        Presentation of the Municipal Utility Operational Performance Excellence Award to the PBC Water Utilities Department by the Florida Water Environment Association

 

B)        Certificate of Recognition to the West Palm Beach Fishing Club (District 2)

 

C)        Proclamation declaring July 2, 2022 as Haitian American Music and Food Festival Day in Palm Beach County (District 7)

 

            D)        Proclamation declaring June 7, 2022 as County Artist Rolando Chang Barrero Day in Palm Beach County (District 5)

 

            E)        Certificate of Congratulations presented to Carl Boucard upon his retirement (District 7)

 

            F)        Proclamation recognizing The Palm Beach Panthers Rugby Club’s 2022 National Championship (District 5)

 

            G)        Proclamation declaring June 6-10, 2022 as Code Enforcement Officers Appreciation Week in Palm Beach County (District 6)

 

            H)        Proclamation declaring June 27, 2022 as HIV Testing Day in Palm Beach County (District 2)

 

            I)          Proclamation declaring June 2022 as Elder Abuse Awareness Month in Palm Beach County (District 6)

 

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JUNE 7, 2022

 

 

5.         REGULAR AGENDA

 

A.        AIRPORTS

 

1.         Staff recommends motion to approve: Amendment No. 8 to the General Consulting Agreement with AECOM Technical Services, Inc. (AECOM) for Consulting/Professional Services in the amount of $1,727,453.97 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The Consulting Agreement with AECOM for general airport planning and design was approved by the Board on March 12, 2019 (R2019-0301) in the amount of $828,984.74 in order to carry out the approved Capital Improvement Programs for the County's Airports. Amendment No. 1 was approved by the Board on August 20, 2019 (R2019-1160) increasing the amount of the contract by $1,032,651.29. Amendment No. 2 was approved by the Board on February 4, 2020 (R2020-0079) increasing the amount of the contract by $1,753,356.78. Amendment No. 3 was approved by the Board on June 16, 2020 (R2020-0639) increasing the amount of the contract by $885,789.10. Amendment No. 4 was approved by the Board on October 6, 2020 (R2020-1514) increasing the amount of the contract by $1,789,325 and modified Article 21, Access and Audits, of the agreement. Amendment No. 5 was approved by the Board on February 9, 2021 (R2021-0233) exercising the first one year renewal option. Amendment No. 6 was approved by the Board on August 17, 2021 (R2021-1160) increasing the amount of the contract by $1,583,691.58. Amendment No. 7 was approved by the Board on February 8, 2022 (R2022-0134) increasing the amount of the contract by $1,763,111.51 and exercising the second, and final, one year renewal option. Approval of Amendment No. 8 will provide an additional $1,727,453.97 to complete the following tasks: Task I Services - Palm Beach International Airport (PBI) Additional Emergency Airport Planning Services; PBI Concessions Planning (Phase 2); Miscellaneous Planning & Engineering Services 2022; PBI Terminal Building 4th Level Wall Repairs Construction Administration (CA) Services; PBI People Tube CA Services; PBI Fair Market Annual Rental Value; Fair Market Annual Rental Value (Various Properties/General Aviation Airports); PBI Bridge Repairs (Additional Services); PBI Garage Repairs (Additional Services); PBI Drainage Culvert Design; PBI Roof Replacement CA Services; Palm Beach County Park Airport (LNA) Southside Redevelopment Phases 3 and 4 Planning; PBI Advance Warning Signage; and Task III Services - Miscellaneous Planning and Engineering Services. Work to be completed under these Task III Services will be issued in accordance with PPM CW-F-050, by way of a separate proposal or task authorization. AECOM is a Los Angeles, California based firm; however, the majority of the work to be completed in this agreement will be completed and/or managed through their West Palm Beach and Tampa, Florida offices in conjunction with several Palm Beach County-based sub-consultants and firms. A Disadvantaged Business Enterprise (DBE) goal of 18% was set for this contract. AECOM committed to 18% in its proposal. The anticipated DBE participation based upon the approved tasks is approximately 25.82%. The current paid to date DBE participation is approximately 21.44%. The DBE participation for this amendment is 14.07%. Pursuant to changes to Chapter 332, Florida Statutes, effective October 1, 2020, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent agenda. This amendment exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)

 

JUNE 7, 2022

 

 

5.         REGULAR AGENDA

 

A.        AIRPORTS (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 2 to the General Consulting Agreement with HDR Engineering, Inc. (HDR) for Consulting/Professional Services in the amount of $541,180.72, and to exercise the second one year renewal option for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program. SUMMARY: The consulting agreement with HDR for general airport planning and design was approved by the Board on August 20, 2019 (R2019-1157) in the amount of $960,107 in order to carry out the approved Capital Improvement Programs for the County's Airports. Amendment No. 1 was approved by the Board on August 17, 2021 (R2021-1024), allowing the County, at its sole discretion, to exercise the first one-year renewal option for the continuation of services provided under this agreement. Approval of Amendment No. 2 will allow the County, at its sole discretion, to exercise the second one-year renewal option for the continuation of services provided under this agreement and provide an additional $541,180.72 to complete the following tasks: Task I Services - North Palm Beach County General Aviation Airport (F45) Terminal Ramp Expansion Design; and the Palm Beach County Park Airport (LNA) Runway 10-28 Surface Treatment Design. HDR is an Omaha, Nebraska based firm; however, the majority of the work to be completed in this agreement will be managed through their West Palm Beach, Florida office in conjunction with several Palm Beach County-based and South Florida-based sub-consultants and firms. A Disadvantaged Business Enterprise (DBE) goal of 20% was set for this contract. HDR committed to 20% in its proposal. The anticipated DBE participation based upon the approved tasks is approximately 20.99%. The current paid to date DBE participation is approximately 18.5%. The DBE participation for this amendment is approximately 26%. Pursuant to changes to Chapter 332, Florida Statutes, effective October 1, 2020, a governing body of a commercial service airport may not approve purchases of contractual services in excess of the Category Five threshold amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent agenda. This amendment exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

5.         REGULAR AGENDA

 

B.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:

 

A) the Final Report (April 2022) of the Palm Beach County Judicial Facilities Master Plan update; and

 

B) Consultant Services Authorization (CSA) No. 5 to the design contract with Leo A. Daly Company (LADC) (R2018-0917) in the amount of $2,026,992 to provide professional architectural and engineering design and construction administration services for the Main County Courthouse (MCCH) Buildout and Renovations project.

 

SUMMARY:  In 2006, Palm Beach County (County) approved a Judicial Facilities Master Plan (Master Plan) providing future projections of: 1) court activity based on historic and then current trends and the associated judicial offers by division, and 2) personnel and space requirements by each court component and court partner to establish a unified vision forward. In 2016, the County retained consultant services to update the Master Plan through 2015 and provide extended projections carrying into year 2040. The Final Report of the Master Plan constitutes the culmination of a multi-year review process, and will serve to guide development of judicial facilities into year 2040. The Master Plan update provides that judicial facilities needs through year 2040 can be met through the use of existing judicial facilities countywide plus the build out of the 1st, 7th and 8th floors of the MCCH, which currently remain as shell space. Long term, a new judicial facility to house family and juvenile courtrooms along with office space for the Judicial Partners (i.e. Public Defender, Guardian Ad Litem, Justice Services, Clerk of Court, Palm Beach County Sheriff) will need to be built. County staff and its consultants, working alongside Court Administration and the Judicial Partners, have identified the County-owned Block D (i.e. the 3-acre parcel bound by 3rd Street, N. Dixie Highway, 4th Street and N. Olive Avenue in downtown West Palm Beach and currently improved as the County’s 4th Street Parking Lot) as the optimal location due physical proximity to the MCCH and operational efficiency of centralized services in downtown West Palm Beach. Inclusion of the project for the construction of the new judicial facility on Block D as part of the County’s five-year Capital Improvements Program is expected to occur in or around year 2035. Final determination regarding timing for the construction of the new facility will be dependent on the evolution of the aggregate space needs that Court Administration and the Judicial Partners experience. The offices of the State Attorney and the Public Defender have expressed ongoing concerns related to the availability of sufficient office space prior to the full implementation of the improvements identified in the Master Plan update (i.e. development of Block D). To ensure the most efficient use of County resources, when additional space need is realized in the future, County Staff may recommend alternative space accommodations (e.g. leasing) to meet immediate needs of the Judicial Partners prior to the delivery of the new facility on Block D.  On June 19, 2018, the Board of County Commissioners approved a contract with LADC (R2018-0917) to provide professional architectural services for planned or future renovations, expansions, modifications and/or additions to existing judicial type facilities. CSA No. 5 authorizes design and construction administration services for the build-out of approximately 100,000 square feet of existing finished and shell spaces located on the first, seventh, and eighth floors of the MCCH. The first floor includes approximately 20,000 square feet to receive alterations/renovations that includes repurposing approximately 4,500 square feet of the existing Law Library, as well as existing shell space to create new administration space. The seventh and eighth floors are existing shell spaces not built-out during the original construction. Each floor is approximately 40,000 square feet and will have courtrooms/hearing rooms, judicial support, conference, and court administration spaces consistent with other floor levels with court/hearing rooms when completed.  The professional services contract was advertised according to the County’s prior Small Business Enterprise (SBE) program where a 15% subcontracting goal was applied. The consultant committed to a contract goal of 25%. SBE participation on this CSA is 39.43%. To date, the cumulative SBE participation on this contract is 36.36%.  LADC is not a certified SBE, but is a local Palm Beach County business. The funding source for this project is from the Public Building Impact fees fund. (Capital Improvements Division) District 7 (MWJ)

 

JUNE 7, 2022

 

 

5.         REGULAR AGENDA

 

C.        ADMINISTRATION

 

1.         Staff recommends motion to approve: a resolution supporting the construction of honorary designation markers on a portion of State Road (S.R.) 715/Bacom Point Road between W. Morgan Road and S.W. 14th Street in Palm Beach County in honor of fallen Deputy Sheriffs Donta Manuel and Jonathan Wallace. SUMMARY: In Palm Beach County’s 2022 State Legislative Agenda, the Board of County Commissioners authorized support for legislation to name a portion of S.R. 715, south of the Pahokee Airport, in memory of Deputy Sheriff Jonathan Wallace and Deputy Sheriff Donta Manuel, killed in the line of duty in 2007. The Florida Department of Transportation (FDOT), per the passage of Senate Bill 160 during the 2022 legislative session, has been directed to construct suitable markers designating that portion of S.R. 715/Bacom Point Road between W. Morgan Road and S.W. 14th Street in Palm Beach County as “Deputy Sheriff Donta Manuel and Deputy Sheriff Jonathan Wallace Highway.” State law requires the local governing board to pass a resolution in this circumstance in order for designation markers to be constructed on roads in the county. The roadway is within FDOT’s jurisdictional limits, and FDOT will be responsible for the design, construction, and maintenance of the honorary designations. Countywide (AH)

 

2.         Staff recommends motion to adopt: the 2022 Federal Legislative Agenda. SUMMARY: Staff requests Board approval of the 2022 Federal Legislative Agenda, which outlines issues the County’s Legislative Affairs Office and federal lobbyists are working on for the Congressional session. The agenda addresses legislative matters, grant-funding opportunities, and general issues to support and monitor. New agenda items include programmatic requests to increase funding for Farmworker and Migrant Housing repair and renovation, Fair Housing Funding Increases, FEMA Coastal Flood Maps and Veteran Pension Poaching. Countywide (SS)

 

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JUNE 7, 2022

 

 

5.         REGULAR AGENDA

 

D.        OFFICE OF RESILIENCE

 

1.         Staff recommends motion to approve on preliminary reading and advertise for public hearing on July 12, 2022 at 9:30 A.M.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, amending Palm Beach County Code, Chapter 17, Article XVII, (Ordinance 2017-012), section 17-504 through section 17-507, regarding the Property Assessed Clean Energy Program, 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; providing for captions; and providing for an effective date. SUMMARY: In recent years, Office of Resilience (OOR) staff has presented to the Board of County Commissioners (BCC) at several workshops and received BCC direction on the Palm Beach County Property Assessed Clean Energy (PACE) Program that operates in the County. On September 29, 2021, OOR and other stakeholders presented at a BCC workshop on potential ordinance and streamlining improvements to the Palm Beach PACE Program. The BCC directed staff to work with stakeholders and recommend amendments to the Palm Beach County Code, Chapter 17, Article XVII, (Ordinance 2017-012), section 17-504 through section 17-507, regarding the PACE Program. The BCC recommended that staff work to increase the applicability of the ordinance for non-residential financing, streamline the reporting process, increase consumer protections, and explore the possibility of capping interest rates. Staff has met with local PACE representatives numerous times to collaborate on these efforts. Additionally, staff has worked closely with the Tax Collector’s Office on these recommendations. Upon final direction, staff will advertise the proposed ordinance amendments for adoption at the July 12, 2022 BCC meeting. Countywide (RM)

 

 

 

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JUNE 7, 2022

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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JUNE 7, 2022

 

 

7.         STAFF COMMENTS

 

A.        ADMINISTRATION COMMENTS

 

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

 

 

 

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


JUNE 7, 2022

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER MARIA G. MARINO

 

           

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

           

           

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

District 5 - COMMISSIONER MARIA SACHS

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

            Request for off-site Proclamation declaring June 17, 2022 as Vince Bonvento Day in Palm Beach County          

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 


JUNE 7, 2022

 

 

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

 

 

 

 

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JUNE 7, 2022

 

 

10.       ADJOURNMENT

 

"If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based."