October 18, 2022
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 18, 2022
PAGE ITEM
56 ADD-ON:
Request for off-site Certificate of Congratulations on Your Retirement
to Dr. Debra Robinson (District 7)
56 ADD-ON:
Request for off-site Certificate of Recognition to Tabernacle Missionary
Baptist Church on Celebrating 129 years (District 7)
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
OCTOBER 18, 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 8-43)
4. SPECIAL
PRESENTATIONS (Page 44)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 45)
6. REGULAR AGENDA (Pages 46-53)
7. BOARD APPOINTMENTS (Page 54)
8. STAFF
COMMENTS (Page 55)
9. BCC
COMMENTS (Page 56)
10. ADJOURNMENT (Page 57)
* * * * * * * * * * *
OCTOBER 18, 2022
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Declaring
Palm Beach County Day 2023 to have a public purpose
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Contract
with R & D Paving, LLC for the SR 7 and Weisman Way project
Page 10
3C-2 Receive
and file adopt-a-road agreements with ten individuals
D. COUNTY ATTORNEY
Page 11
3D-1 Receive
and file official transcript for the closing of the first amendment to the
Florida Education Facility Refunding Bond for the Pine Crest Preparatory
School, Inc.
F. AIRPORTS
Page 11
3F-1 List
of 12 charitable organizations to receive the proceeds from fountains at Palm
Beach International Airport
Page 12
3F-2 Change
order to amendment to contract with The Morganti Group, Inc. for the Escalator
Replacement project at Palm Beach International Airport
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 13
3H-1 Receive and file termination for default of
contract with Ampro, Inc.
Page 14
3H-2 Consultant Services Authorization to contract
with Architecture Green LLC for the Canyon District Park project
Page 15
3H-3 Change order to amendment to contract with
Robling Architecture, Inc. for the Dubois Pineapple Packing House Restoration
project
OCTOBER 18, 2022
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 16
3H-4 Contract with Hatcher Construction &
Development, Inc. for the Gramercy Park Neighborhood Center project
Page 17
3H-5 Amendment to contract with Robling
Architecture Corporation, Inc. for the Herman Brice Power and Heating
Ventilation and Air Conditioning Replacement project
Page 18
3H-6 Interlocal agreement with the School Board of
Palm Beach County to allow access to the County’s Public Safety Radio System
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 19
3I-1 Receive
and file amendment to agreement with the City of Riviera Beach extending the
Community Development Block Grant expenditure deadline by one month
Page 20
3I-2 Receive
and file agreements with seven agencies to provide supportive services
Page 21
3I-3 Five
request for release of funds and certifications on behalf of the Palm Beach
County Housing Authority through the U.S. Department of Housing and Urban
Development Capital Fund Program
Page 22
3I-4 Receive
and file agreements with four municipalities for various projects
Page 23
3I-5 Receive
and file agreement with the Town of Mangonia Park for code enforcement services
Page 24
3I-6 Receive
and file agreement with the Business Loan Fund of the Palm Beaches, Inc.
Page 25
3I-7 Receive
and file amendment to agreement with the Town of Lantana for playground
improvements at Maddock Park
Page 26
3I-8 Receive
and file three standard forms for attestations by the County
J. PLANNING, ZONING & BUILDING
Page 27
3J-1 Appointment
to the Building Code Advisory Board
OCTOBER 18, 2022
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES
Page 28
3K-1 Contract with PC Construction Company for
the Water Treatment Plant No. 2 Treatment and Disposal Improvements Design
Package 1, 3 and 4 project
Page 29
3K-2 Appointment
to the Water Utilities Department Advisory Board
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 30
3L-1 Appointment to the Groundwater and Natural
Resources Protection Board
M. PARKS & RECREATION
Page 30
3M-1 Receive and file interlocal grant agreement
term extension with the Solid Waste Authority of Palm Beach County for the
demolition and removal of the Duncan Padgett Racquetball Courts
Q. CRIMINAL JUSTICE COMMISSION
Page 31
3Q-1 Certifications and Assurances for grant
application to the U.S. Department of Justice Edward Byrne Memorial Justice
Assistance Grant to fund the Palm Beach County Reentry Program
Page 32
3Q-2 Receive
and file Grant Adjustment Notices of the John D. and Catherine T. MacArthur
Foundation Safety and Justice Challenge Grant to realign budgets
S. FIRE RESCUE
Page 32
3S-1 County’s
acknowledgement and acceptance of terms and conditions of the In-House Repair
Center Authorization from Scott Technologies, Inc. to perform service and
maintenance on Self Contained Breathing Apparatus owned by Palm Beach County
Fire Rescue
Page 33
3S-2 Write-off
of uncollectible emergency transport patient accounts for FY 2018
Page 34
3S-3 U.S.
Department of Homeland Security Federal Emergency Management Agency FY 2021
Assistance to Firefighters Grant award for the purchase of automatic chest
compression devices
U. INFORMATION SYSTEMS SERVICES
Page 35
3U-1 Rescind and replace interlocal agreement with
the South Florida Water Management District for network services
OCTOBER 18, 2022
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 35
3X-1 Receive and file grant agreement with the
State of Florida, Division of Emergency Management for the Hazardous Materials
Planning and Prevention Program
Page 36
3X-2 Receive and file grant agreement with the
State of Florida, Division of Emergency Management to improve and enhance
emergency management plans
Page 37
3X-3 Affiliation agreement with the State of
Florida, Department of Health allowing forensic nurses to achieve competency in
performing medical forensic exams
Pages 38-39
3X-4 Receive and file purchase order for
contractual adult reentry services from the Florida Department of Corrections
CC. SHERIFF
Page 40
3CC-1 Contract amendment with the University of North Florida Training and
Services Institute, Inc. for the Bicycle Pedestrian Focused Initiative
DD. OFFICE OF EQUAL
OPPORTUNITY
Page 41
3DD-1 Ratify the Mayor’s signature on three cooperative agreements with
the U.S. Department of Housing and Urban Development to process and resolve
housing discrimination complaints
EE. OFFICE OF COMMUNITY
REVITALIZATION
Pages 42-43
3EE-1 Amendment to Florida Power and Light agreements converting dobra
head streetlights in 18 Countywide Community Revitalization Team areas into
light-emitting diode streetlights
FF. OFFICE OF RESILIENCE
Page 43
3FF-1 Indemnification agreement with Stonehill PACE, LLC to provide
funding for energy efficiency, renewable energy and win resistance improvements
OCTOBER 18, 2022
TABLE OF CONTENTS
SPECIAL PRESENTATIONS
Page 44
4A Ride
Free on Election Day
4B Certificate of recognition
presented to Loretta Fuegos
4C Certificate of recognition presented to
Murray Seabrook
PUBLIC HEARINGS – 9:30 A.M.
Page 45
NONE
REGULAR AGENDA
A. AIRPORTS
Page 46
6A-1 Amendment to agreement with AECOM Technical
Services, Inc. for services related to the Palm Beach County Airports Capital
Improvement Program
B. OFFICE OF RESILIENCE
Page 47
6B-1 Ordinance amending the Palm Beach County
Code related to the Property Assessed Clean Energy Program
C. ADMINISTRATION
Page 48
6C-1 Inclusion of a 401(a) plan as part of the
County’s investment options for employee participation
D. FACILITIES DEVELOPMENT &
OPERATIONS
Page 49
6D-1 Agreement with the Friends of the Mounts
Botanical Garden, Inc. for development of a new Master Plan
OCTOBER 18, 2022
TABLE OF CONTENTS
REGULAR AGENDA
E.
HOUSING AND ECONOMIC DEVELOPMENT
Page 50
6E-1 Waiver for public hearings to be held after
5:00pm to consider designation of parcels as a Brownfield Area
Page 51
6E-2 Award of American Rescue Plan Act Response
Project Fun for Autumn Ridge Apartments, Ltd. and The SPECTRA Organization,
Inc.
F. RISK MANAGEMENT
Pages 52-53
6F-1 Contract with United HealthCare Services,
Inc.
BOARD
APPOINTMENTS
Page 54
7A-1 Appointment to the Commission on Women Advisory
Board
STAFF COMMENTS (Page 55)
COMMISSIONER COMMENTS (Page 56)
ADJOURNMENT (Page 57)
OCTOBER 18, 2022
A. ADMINISTRATION
1. Staff recommends motion
to approve: declaring Palm Beach County Day (PBC Day) 2023 to have a
public purpose as it relates to lobbying on behalf of the residents of Palm
Beach County (PBC). SUMMARY: Each year, in conjunction with the Intergovernmental Affairs
Department, Public Affairs coordinates PBC Day. PBC Day is a lobbying event
that takes place in Tallahassee during the opening week of the Florida
Legislative Session. The event’s goal is to provide opportunities for PBC’s
Commissioners, government leaders and business leaders to meet both formally
and informally with state legislators in an effort to promote PBC’s legislative
agenda and to secure state funding for PBC priorities. PBC Public Affairs believes it is time to
return to a bigger presence in Tallahassee in order to promote the County’s
agenda with more impact. We would like to propose that PBC Day would once again
solicit sponsorship dollars in an effort to increase the county’s visibility
and impact in Tallahassee during PBC Day. An opinion was requested by Public
Affairs from the Commission on Ethics (COE) on whether the Palm Beach
County Code of Ethics (Code) prohibit PBC employees from soliciting or
accepting sponsorship donations for PBC Day events. The response from the COE
in the attached opinion to this agenda item, along with two conditions
regarding the expenditure and acceptance of the funds, was that the request for
contributions could occur so long as the events are declared to have a public
purpose. The County Administrator concurs with answers provided in this
request. Countywide (LDC)
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
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a contract with R & D Paving, LLC (RDP)
in the amount of $1,378,374.35 for the construction of SR 7 and Weisman Way
(Project). SUMMARY: Approval
of this contract will authorize the construction services necessary to provide
intersection improvements at SR 7 and Weisman Way. The Affirmative Procurement
Initiative selected for this contract on September 1, 2021 by the Goal Setting
Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation. RDP agreed to 30.88% SBE participation. Bids for the contract were received by the Engineering Department
on July 12, 2022. RDP was the lowest responsive bidder of four bidders. The
contract time for the Project is 270 calendar days. RDP has an office located in Palm Beach County and is a certified SBE
company. This Project is included
in the Five-Year Road Program. District 6 (YBH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
2. Staff recommends
motion to receive and file: an Adopt-A- Road agreement with:
A) Deborah Hall, dated January 28, 2022, for
Prosperity Farms Road, from PGA Boulevard to Inland Cove Road;
B) Mary Brodbeck, dated January 14, 2022, for
Jog Road, from Okeechobee Boulevard to Vista Parkway North;
C) Andrew Chantiloupe Jr, dated March 23,
2022, for Dixie Highway, from NW 20th Street to NW Spanish River
Boulevard;
D) Austin Whitehead, dated March 30, 2022, for
Northlake Boulevard, from Memorial Park Road to North State Road 7 Extension;
E) Woolf Realty, Inc., dated April 5, 2022,
for Congress Avenue, from Lantana Road to John F Kennedy Drive;
F) Alternatives for You, LLC dated January 10,
2022, for Northlake Boulevard, from Roan Lane to Old Dixie Highway;
G) Douglas I. Leifert, P.A., dated April 5,
2022, for Camino Real, from Powerline Road to Camino Del Mar;
H) Romano Law Group, P.A., dated February 11,
2022, for Haverhill Road, from Okeechobee Boulevard to Community Drive;
I) Romano Law Group, P.A., dated February 11,
2022, for North Congress Avenue, from Belvedere Road to Okeechobee Boulevard; and
J) Wilneeda A. Emmanuel, dated March 7, 2022,
for Military Trail, from Hypoluxo Road to Lantana Road.
SUMMARY: In accordance with Countywide PPM CW-O-051,
all delegated contracts, agreements, and grants must be submitted by the
initiating Department as a receive and file agenda item. These agreements were
executed by the County Engineer, per Resolution R2021-0852. Countywide
(YBH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to receive and file: the official transcript for the closing of the First Amendment to the Palm Beach County, Florida Education Facility Refunding Revenue Bond Series 2020A and 2020B for the Pine Crest Preparatory School, Inc. (Bonds). SUMMARY: The official transcript for the Bonds is being submitted to be received and filed in the Minutes Department. Countywide (HJF)
F. AIRPORTS
1. Staff
recommends motion to approve: a list of 12 charitable organizations to receive the proceeds (coins)
from fountains at Palm Beach International Airport (PBI) during the period
October 1, 2022 through September 30, 2023. SUMMARY: On March 14, 1989, the Board approved the concept of collecting
contributions from PBI’s fountains on a monthly basis and contributing those
funds to different charitable organizations as recommended by the Community
Services Department and approved by the Board.
The non-profit organizations listed on Attachment “A” to this agenda
item have been recommended by the Community Services Department. The non-profit organizations are selected
based on the results of the new funding allocations that were approved by the
Board on July 12, 2022. The twelve agencies that were approved for new funding
were selected to receive the FY23 fountain donations. Average
monthly contributions for the prior year was approximately $40. In addition,
the list will be provided to Paradies-Palm Beach, LLC, PBI’s retail
concessionaire, who will send the contributions from fountains in their gift
shop areas, along with an additional contribution of $250, to the recommended
recipients pursuant to the Retail Concession Agreement, (R2007-2052, as amended).
Countywide (AH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve:
A)
Change Order No. 4 to Amendment No. 4 of the
Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group,
Inc. (MGI) for CM at Risk Services for Airport Improvements for Palm Beach
County Department of Airports (Department) in the amount of $302,294.97 for
Work Order MC 15: Escalator Replacement at Palm Beach International Airport
(PBI); and
B)
a budget transfer of $302,295 in the Airport’s
Improvement and Development Fund to provide for the project, including a
transfer from Reserves in the amount of $302,295.
SUMMARY:
Amendment No. 4 (Work Order MC 15) in the amount $8,145,981 and 907 calendar
days was approved by the Board on September 15, 2020 (R2020-1336) for the
Escalator Replacement at PBI. Change Orders No. 1-3 to Amendment No. 4 in the
amount of $1,428,808.45 were approved under the delegated authorities detailed
in PPM CW-F-050. Approval of Change Order No. 4 in the amount of $302,294.97
will allow the replacement of the handrails and flooring on the stairs and
balconies adjacent to the two escalators (J and N) that were replaced in
Concourse A. This change order also includes the removal of damaged wallpaper
adjacent to Escalator J and refinishing of the wall. Due to the age and poor
condition of the wallpaper, it cannot be repaired or matched. MGI has committed
to a Disadvantaged Business Enterprise (DBE) goal of 12% for this contract. DBE
participation for this change order is 31%. Countywide (AH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: termination for default of the annual
electrical contract with Ampro, Inc. (Contractor) (R2020-1030) including Work
Orders 20-010 and 20-011 in the cumulative amount of $122,322. SUMMARY:
On August 25, 2020, the Board of County Commissioners (Board) approved the
annual electrical contract with Ampro, Inc. for electrical services associated
with repairs, improvements, renovations to County properties. In accordance
with Policy and Procedure Memorandum (PPM) CW-F-050, on September 22, 2020, the
Director of Facilities Development and Operations (FDO) executed work order No.
20-010 for the Ocean Inlet Park Lighting Replacement project in the amount
$54,609 and Work Order 20-011 for the West Boynton Park – Lighting Replacement
project in the amount $67,713. On July 18, 2022, the FDO Director sent the
Contractor a notice of default in accordance with General Condition 24.1 of the
contract for failure to proceed with the work, failure to meet the contract
schedule, failure to make progress on the work, and abandonment of the work.
The notice of default stipulated that the Contractor had three calendar days
from Notice of Default to submit an acceptable remedial plan to FDO and to
begin to take steps to cure its default. FDO did not receive the remedial plan
from the Contractor within the timeframe allotted. Consequently, on August 3,
2022, the Director of FDO executed a termination for default for the annual
electrical contract (R2020-1030) and associated work orders (20-010 and 20-011)
in accordance with General Condition 25. Additionally, FDO requested that the
Purchasing Department suspend the Contractor from participating in County procurements
for a period not to exceed two years. The request for suspension is under
review by the Purchasing Director. This contract termination is being submitted
to the Board as a receive and file item. (Capital Improvements Division) Countywide
(MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 06 with
Architecture Green LLC (R2017-1042) (Consultant) to provide additional
professional services for the final phase for the Canyon District Park project
located at 8788 Senator Joe Abruzzo Avenue, Boynton Beach in the amount of
$524,500.55. SUMMARY: On August 15, 2017, the Board of County
Commissioners (Board) approved the design contract (R2017-1042) with the
Consultant for the new Canyon District Park. CSA No. 06 authorizes additional
professional services including master planning, design, permitting assistance,
and construction administration services for the addition of a lighted baseball
complex with four varying size fields to include natural sports turf and a
one-story approximately 1,600 sq. ft. concessions building, paved and lighted parking
areas, a secondary park access and interior road, two sand volleyball courts,
several support and public structures and other amenities. This work is the
final phase of professional services needed to complete this project. The
solicitation for this project was advertised on November 27, 2016 according to
the Small Business Enterprise (SBE) Ordinance in place at the time with a SBE
goal of 15%. The Consultant is a certified SBE and committed to an SBE goal of
76% for the contract. The SBE participation for CSA No. 06 is 77.68%. To date,
the cumulative SBE participation achieved on this contract, including CSA No.
06, is 76.98%. The Consultant is a local business. The funding source for
this project is from the Park Impact Fees Zone 3 Fund. (Capital Improvements
Division) District 5 (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Change Order No. 1 to Amendment No. 2 (R2021-0332)
of the construction manager at risk continuing contract with Robling
Architecture Construction, Inc. (R2020-1690) increasing the Guaranteed Maximum
Price for construction management services for the Dubois Pineapple Packing
House Restoration project in the amount of $75,015.95 and extending the project
duration by 366 days. SUMMARY: On March 9, 2021, the Board of County
Commissioners (Board) approved Amendment No. 2 (R2021-0332) to the continuing construction
manager (CM) at risk contract with Robling Architecture Construction, Inc.
(Robling) in the amount of $437,992. Amendment No. 2 authorized the restoration
of the historic Pineapple House including the roof, which is at the end of its
useful life; wood framing repairs; new windows; new doors; new electrical
utilities and a new heating ventilation and air condition system. Amendment No.
2 also authorized the relocation of the Pineapple House to approximately 100
yards south of its current location in the park, so that it is no longer in a
flood zone. Change Order No. 1 to Amendment No. 2 includes construction phase
services due to unforeseen termite damage conditions including restoration of
damages discovered in the west wall, boric acid treatment at all exterior wood
framework and rough carpentry changes, which will result in a time extension of
366 days to the contract duration in order to procure the specialized wood
material and milling required for the historic property and to complete the work.
On November 17, 2020, the Board approved the continuing CM contract with
Robling for construction management services for capital projects under
$4,000,000. This continuing construction management contract was presented to
the Goal Setting Committee on December 4, 2019 and the Committee established
Affirmative Procurement Initiatives of a Small Business Enterprise (SBE)
evaluation preference of ten points for the selection of the construction
manager and a mandatory 20% SBE subcontracting goal on the continuing contract.
Robling committed to 10.93% for Amendment No. 2. SBE participation for this
change order is 0%. To date, the cumulative SBE participation for this project
is 9.33%. Robling is a Palm Beach County business. The funding source for
this change order is from the Infrastructure Sales Tax Fund. (Capital
Improvements Division) District 1 (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve:
A) a contract with Hatcher Construction &
Development, Inc. (Hatcher) to provide construction manager at risk services for
the Gramercy Park Neighborhood Center project, located at 5615 Park Avenue,
West Palm Beach; and
B) Task Order No. 1 with
Hatcher for preconstruction services in the amount of $52,000.
SUMMARY:
The
Gramercy Park Neighborhood Center project includes, but is not limited to the
construction of an approximately 11,000 square feet neighborhood center located
at the corner of Park Avenue and 45th Street. The center consists of a large
multi-purpose room, classroom, kitchen, offices and building support spaces.
Site amenities include a parking lot, landscaping and a mulch-surfaced walking
trail. Pre-construction services include validating constructability, cost
estimating, and procurement services. Once the construction documents are
completed, the construction manager (CM) will bid the construction subcontracts
and provide a Guaranteed Maximum Price. The construction of the facility will
be authorized through a GMP amendment to the contract, which will be presented
to the appropriate approval authority. The CM was selected through a
competitive solicitation in accordance with the federal requirements provided
by the Department of Housing and Economic Development. Under the federal
requirements, this project has a 22.4% minority and 6.9% female Equal
Employment Opportunity participation goal. After good faith efforts, Hatcher committed
to 100% minority participation for Task Order No. 1. There is no female
participation on Task Order No. 1. Under the federal requirements the goals are
not mandatory, provided the contractor exercised good faith efforts. Hatcher is a local business. The total
project cost is estimated at $5,200,000. The funding source for this project is
from the 2005 $25 Million General Obligation Recreational and Cultural
Facilities Bond Fund. (Capital Improvements Division) District 7 (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve:
A) Amendment No. 8 to the
continuing construction management at risk contract with Robling Architecture
Construction, Inc. (R2020-1690) establishing a Guaranteed Maximum Price (GMP)
for the Herman Brice Complex Power and Heating Ventilation and Air Conditioning
Replacement project in the amount of $591,816 for a period of 180 days from
notice to proceed;
B) Amendment No. 9 to the
continuing construction management at risk contract with Robling Architecture
Construction, Inc. (R2020-1690) establishing a GMP for the Herman Brice Complex
and Apparatus Room Generator project in the amount of $1,813,961 for a period
of 180 days from notice to proceed; and
C) A budget transfer in the
amount of $1,754,950 from the Fire Rescue Improvement fund to fund the projects
under Amendments No. 8 and 9 for the Herman Brice complex.
SUMMARY: On November 17, 2020, the
Board of County Commissioners (Board) approved the continuing contract with
Robling Architecture Construction, Inc. for construction management services
for capital projects under $4,000,000. Amendment No. 8 authorizes construction
management services to install air conditioning and electrical circuitry
capable of climatizing select areas of the complex that are currently not air
conditioned and powering new equipment.
These services are required to provide air conditioning to two non-conditioned
offices, which are used as a lunchroom and a recovery room while training takes
place. The electrical circuitry will power new overhead shore power stations,
fans, welding equipment, and an ice machine. Additionally, the work includes
fire protection, plumbing, minor drywall, insulation, masonry and painting
work. Amendment No. 9 authorizes construction services needed to modify the
existing electrical system to integrate the main building and apparatus room,
at the Herman Brice complex, onto the existing generator power supply. The work
allows for the existing generator to produce sufficient power supply to power
the entire Herman Brice complex during power outages. The construction manager
(CM) will have 180 calendar days from Notice to Proceed to substantially
complete the projects authorized under Amendment No. 8 and 9, respectively. The
liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof for the
respective projects are $120 per day. This continuing construction management
contract was presented to the Goal Setting Committee on December 4, 2019 and
the Committee established Affirmative Procurement Initiatives of a Small Business
Enterprise (SBE) evaluation preference of ten points for the selection of the
construction manager and a mandatory 20% SBE subcontracting goal on the
contract. SBE participation is 5.18% for
Amendment No. 8 and 2.94% for Amendment No. 9. To date the CM has achieved
35.88% SBE subcontracting participation under its continuing contract. Robling
Architecture Construction, Inc. is not a certified SBE but is a local business.
The funding source for these projects is from the Fire Rescue Improvement Fund.
(Capital Improvements Division) District 2 (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the School
Board of Palm Beach County (Participant) to allow for direct access to the
County’s Public Safety Radio System (System) from October 18, 2022 through
October 17, 2027. SUMMARY: This Agreement provides the terms and
conditions under which the Participant can directly access the System. The
terms of this Agreement are standard and have been offered to all
municipalities and local branches of state and federal agencies where
connection through an established municipal hub is not technically feasible.
The Participant has been interoperable with the County’s System through the
countywide common talk groups since 2004. The Participant currently operates
under the Municipal Public Service Communications Consortium’s (MPSCC) radio
system. The Agreement will provide the Participant a direct data connection to
the MPSCC radio system for operability to the Participant’s current radio
system and dispatch consoles for its “South Talk-Group”. The Agreement requires
Participant to pay a one-time, non-reimbursable $3,000/unit access charge as
well as annual fees of $300/unit towards the renewal and replacement fund and
$163.53/unit towards maintenance and operation of the System infrastructure.
The annual fees are consistent with those being charged to County Departments.
In addition, the Participant is required to pay all costs associated with
Participant’s subscriber units and to comply with the established operating
procedures for the System. The “South Talk-Group” currently includes 30 radio
units but additional units might be added in the future. This Agreement
provides for an initial term of five years with two renewal options, each for a
period of five years. This Agreement may be terminated by either party, with or
without cause, on October 1st of any year, with a minimum of six
months’ notice. (ESS) Countywide (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to receive
and file: Amendment 001
to Agreement R2021-1522, a two-year agreement for $537,297 with the City of
Riviera Beach extending year one’s Community Development Block Grant (CDBG)
expenditure deadline from November 30, 2022 to December 31, 2022. SUMMARY:
These documents have been executed
on behalf of the Board of County Commissioners (BCC) by the Director of the Department of Housing and
Economic Development in accordance with Agenda Item 3I-4, as approved by the BCC on October 19, 2021. Amendment
001 extends the 1st year deadline to
expend $268,648.50 in CDBG funds made available to the City for Code
Enforcement activities. The completion date for year one is therefore
extended from November 30, 2022 to December 31, 2022. The time extension is needed due to delays
the City experienced in implementing the Code Enforcement Activities for Fiscal Year 2021/2022 of the City’s Code
Enforcement program. 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. These are Federal CDBG funds, which require no local match. District 7 (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to receive and file: seven agreements under the Fiscal Year 2022-2023
Community Development Block Grant (CDBG) Program, in the amount of $162,342:
A) Aid
to Victims of Domestic Abuse, Inc. in the amount of $24,833 for transitional housing and supportive services;
B) The
Coalition for Independent Living Options, Inc. in the amount of $22,399 for prepared meals to disabled individuals;
C) Healthy
Mothers/Healthy Babies Coalition of Palm Beach County, Inc. in the amount of
$10,712 for assistance
to uninsured low income pregnant women and their families in order to access
health care, to secure payer sources and other services for prenatal care;
D) Legal
Aid Society of Palm Beach County, Inc. in the amount of $56,192 for fair housing education, outreach, advocacy and enforcement
activities;
E) Place
of Hope, Inc.
in the amount of $16,069 for housing
and case management services to abused children;
F) Sickle
Cell Foundation of Palm Beach County, Inc. in the amount of $18,016 for comprehensive case management services; and
G) Vita
Nova, Inc. in
the amount of $14,121 for supportive
housing and life skills training for youths who have aged out of foster care.
SUMMARY: The seven agreements
have been executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Department of Housing and Economic Development (DHED) in
accordance with Resolution R2022-0746 as approved by the BCC on July 12,
2022. On July 12, 2022, the BCC approved
the Palm Beach County Action Plan for Fiscal Year 2022-2023, which included $162,342 in CDBG funds allocated to these non-profit
agencies to provide various public services.
An employee
from one agency that was awarded CDBG funds serves on a County-related advisory group. Kimberly Rommel-Enright, an employee of the
Legal Aid Society of Palm Beach County, Inc., serves on the HIV CARE Council, a
County Advisory Board. This board provides no regulatory oversight,
management, or policy-setting recommendations regarding their agency contracts.
Disclosure of this contractual relationship at a duly noticed public meeting is
being provided in accordance with the provisions of Sect. 2-443, of the Palm
Beach County Code of Ethics. 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. These are Federal CDBG funds, which require no local
match. Countywide (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to approve: five Request for Release
of Funds and Certifications (HUD Form 7015.15) on behalf of the Palm Beach
County Housing Authority (PBCHA) for activities assisted through the U.S.
Department of Housing and Urban Development (HUD) Capital Fund Program. SUMMARY:
Federal regulations require the County to assume the role of Responsible Entity
for certain HUD-assisted activities within its jurisdiction for environmental
review, decision-making and action that would otherwise apply to HUD under the
National Environmental Policy Act (NEPA). PBCHA intends to use HUD Capital Fund
Program assistance for improvements to five public housing projects including:
Drexel House, 1745 Drexel Road, West Palm Beach; Dyson Circle, 4695 Dyson
Circle N., West Palm Beach; Schall Landing, 2404 Schall Circle, West Palm
Beach; Seminole Manor, 6388 Seminole Circle, Lantana; and 42 single family
homes in the Boynton Beach and Lake Worth areas. The Capital Fund Program
requires that an environmental review be performed in accordance with Federal
regulations at 24 CFR Part 58. The environmental review for the activities were
completed by consultant Dominion Due Diligence Group on behalf of PBCHA. The
County must provide HUD with a Request for Release of Funds and Certification
(HUD Form 7015.15) for each project. The certifications affirm that procedures
required by 24 CFR Part 58 have been followed, the activities did not require
an Environmental Impact Statement (EIS), and the County will comply with the
NEPA and other environmental laws as they relate to the activities. Staff has
determined that the environmental reviews met the requirements of 24 CFR Part
58, that the appropriate procedures were followed and that no EIS is
required. A required Finding of No Significant
Impact and Notice of Intent to Request Release of Funds was published on August
25, 2022, and no public comments were received during a 15-day comment period.
Approval of the certifications will allow PBCHA to proceed with Capital Fund
activities that will help preserve and sustain the local public housing stock. Districts
2, 3, & 7 (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
4. Staff recommends a
motion to receive and file: the following agreements funded under
Fiscal Year 2022-2023 Community Development Block Grant (CDBG) Program:
A) an agreement with the City of Greenacres in the amount of $198,947 for the
construction of the Lift Station Sewer Improvements Phase I, bound on the north
by 10th Ave North, to the south by Lake Worth Road, to the east by
Haverhill Road and to the west by the LWDD E-3 Canal;
B) an agreement with the City of Lake Worth Beach in the amount of $306,691
for the ADA improvements of bathrooms, storage facility, new outdoor amenities
and resurfacing of parking area at the Harold Grimes Memorial Park;
C) an agreement with the Town of Lake Park
in the amount of $55,433 for the installation of ADA playground equipment at
Ilex Park; and
D) an agreement with the Town of Lantana in the
amount of $55,740 for the improvements of dog park amenities at Maddock Park.
SUMMARY: On July 12,
2022 (R2022-0746), the Board of County Commissioners approved the Action Plan
for Fiscal Year 2022-2023, including the allocation of $616,811 of CDBG funding
for these four public facilities and improvement projects. The City of Greenacres will begin Phase I of Lift Station Sewer Improvements, bound on the
north by 10th Ave North, to the south by Lake Worth Road, to the east
by Haverhill Road and to the west by the LWDD E-3 Canal. The City of
Lake Worth Beach will implement Phase II of the improvements at the Harold Grimes Memorial Park
with ADA improvements of bathrooms,
storage facility, new outdoor amenities, fencing and resurfacing of parking
area. The Town of Lake Park will install new ADA compliant playground
equipment to replace deteriorated existing equipment. The Town of Lantana will utilize the CDBG
funding to provide improvements to the
dog park amenities at Maddock Park. These
are Federal CDBG funds, which do not require a local match. Districts 1,
2, 3, & 7 (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
5. Staff recommends
motion to receive and file: an agreement with the Town of
Mangonia Park for code enforcement services in the amount of $14,696 funded
under the Fiscal Year 2022-2023 Community
Development Block Grant (CDBG) Program.
SUMMARY: The document has been executed on behalf of the Board of County Commissioners (BCC) by
the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 6D-2, as
approved by the BCC on July 12, 2022. This agreement with the Town of Mangonia Park provides $14,696 in CDBG funds toward
the salary, benefits and related electronic equipment of one full-time Code
Enforcement Officer. 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.
These are Federal CDBG funds, which do
not require a local match. District 7 (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
6. Staff recommends
motion to receive and file: an agreement with the Business
Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise Opportunity
(CEO) for $80,000 under the Fiscal Year 2022-2023 Community Development
Block Grant (CDBG) Program. SUMMARY:
The document has been executed on
behalf of the Board of County Commissioners (BCC) by the Director of the
Department of Housing and Economic Development in accordance with Agenda
Item 6D-2 (R2022-0746) as approved by
the BCC on July 12, 2022. The agreement with CEO provides $80,000 in Fiscal Year 2022-2023 CDBG
funds to provide technical assistance and business support services to small
businesses and persons developing small businesses. CEO is required to create a
minimum of 5.5 full-time equivalent jobs advertised countywide, conduct four
business plan training seminars, close four credit builder loans/microloans and
provide business and financial counseling to no fewer than 40 unduplicated
businesses and/or entrepreneurs. Additionally, at least 51% of the jobs must be
held by, or made available to, Low and Moderate Income Persons who must reside
in the Palm Beach County CDBG jurisdiction during the term of the agreement.
CEO received $80,000 in CDBG funds during Fiscal Year 2021-2022 and
successfully met their deliverables per the enclosed table.
|
Center
For Enterprise Opportunity Contract Deliverables |
FY 2022 Goal |
FY 2022 Actual |
FY 2023 Goal |
|
Create a minimum
number of full-time-equivalent jobs |
5.5 |
5 |
5.5 |
|
Provide 1-on-1
business and financial counseling sessions for a minimum number of
unduplicated clients |
40 |
99 |
40 |
|
Conduct a minimum
number of comprehensive business plan trainings |
4 |
5 |
4 |
|
Close a minimum
number of credit builder loans and/or microloans |
4 |
4 |
4 |
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. These are Federal CDBG funds,
which do not require a local match. Countywide (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
7. Staff recommends
motion to receive
and file: Amendment 001
to Agreement R2021-1612 with the Town of Lantana, extending the project
performance dates and final reimbursement date from December 31, 2022 to June
30, 2023, for playground improvements at Maddock Park funded under Fiscal Years
2020-2021 and 2021-2022 Community Development Block Grant (CDBG) Program. SUMMARY:
These documents have been executed
on behalf of the Board of County Commissioners by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 3I-1, as
approved by the BCC on November 2, 2021. Amendment 001 extends the original agreement
performance requirement dates to award construction contract, request 50%
reimbursement, complete construction and request 100% reimbursement from
December 31, 2022 to June 30, 2023. The time extension is needed due to delays
encountered during the bidding process which prevented The Town of Lantana from
awarding a construction contract within the project budget and timeline, along
with extensive lead time to obtain needed playground equipment. 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. These are Federal CDBG funds,
which require no local match.
District 7 (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
8. Staff recommends
motion to receive and file: the following documents:
A)
Standard Form SF-424 and
Certifications for the FY 2022-2023 Community Development Block Grant Program
(CDBG);
B)
Standard Form SF-424 and
Certification for the FY 2022-2023 HOME Investment Partnership Program (HOME);
and
C)
Standard Form SF-424 and
Certification for the FY 2022-2023 Emergency Solutions Grant Program (ESG).
SUMMARY: The documents
were executed on behalf of the Board of County Commissioners by the Director of
the Department of Housing and Economic Development under authority delegated by
R2022-0746 on July 12, 2022 to the County Administrator. In accordance with
County PPM CW-O-051, all contracts, agreements and grants signed by delegated
authority must be submitted by the initiating department as a receive and file
agenda item. The certifications attest that the County will comply with:
Affirmatively Further Fair Housing, Uniform Relocation Act and
Anti-displacement and Relocation Plan, Anti-Lobbying, Authority of
Jurisdiction, Consistency with Plan, Section 3 of the Housing and Urban
Development Act of 1968, Citizen Participation, Community Development Plan,
Following a Plan, Use of Funds, Excessive Force, Anti-discrimination Laws,
Lead-Based Paint and various other Federal Statutes and Regulations. The ESG required local match ($577,734)
will be provided by the four ESG-funded agencies (Adopt-A-Family, Aid to
Victims of Domestic Abuse, the Salvation Army and Young Women’s Christian
Association), the Department of Community Services, and the Department of
Housing and Economic Development. The HOME required local match ($574,593) will
be provided from the State Housing Initiatives Partnership Program. CDBG funds require no local match. Countywide (HJF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
J. PLANNING,
ZONING & BUILDING
1. Staff recommends
motion to approve: reappointment
of one member to the Building Code Advisory Board (BCAB).
|
Reappointment |
Seat |
Requirement |
Recommended by |
Term |
|
James B. Carr |
15 |
Member of a Regional Industry Trade
Association |
Palm Beach Air Conditioning Contractors
Association |
10/18/22-10/17/25 |
SUMMARY: The BCAB
was established by a Special Act of the Florida Legislature in 1974 and amended
in 2001. The term of office for board members is three years with no limit
to the number of terms a member may serve. The Board is comprised of 16
members; seven Building Officials, one from each commission district appointed
from nominees submitted by the Building Officials Association of Palm Beach
County (BOAPBC); one registered architect, appointed from nominees submitted by
the Palm Beach Chapter of the American Institute of Architects; one
professional engineer, appointed from nominees submitted by the Palm Beach
Chapter of the Florida Engineering Society; and seven members, appointed from
nominees submitted by any recognized regional industry trade association. This
Advisory Board has 16 seats, 15 currently filled and 1 vacancy, and a diversity
count of Caucasian: 11 (73%), African-American: 2 (13%), Asian-American: 1 (7%)
and Hispanic-American: 1 (7%). The gender ratio (male:female) is 14:1. The
nominee is a Caucasian male. Staff has addressed the need to increase diversity
within our boards and will continue to encourage this in an effort to expand
the Board’s diversity. Countywide
(RM)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve:
A) a contract for the Water Treatment Plant No. 2 (WTP No. 2) Treatment and
Disposal Improvements Design Package 1, 3 and 4 (Project) with PC Construction
Company dba PCEO, Inc. (PC Construction) in the amount of $26,735,001; and
B) an $11,587,000 budget transfer in the Water
Utilities Department Capital Improvement Fund to establish budget for the
entire project.
SUMMARY: On March 10, 2022, the Palm Beach County
Water Utilities Department (PBCWUD) received two bids for the Project (PBCWUD
Project No. 18-066R). The Project includes furnishing all materials, labor,
supervision, equipment, supplies, fees, expertise and services necessary to
construct: one 5.0 million gallon (MG) prestressed ground storage tank (GST);
two aeration and mixing systems for GSTs, one 15 MG per day lime softening
water treatment unit, one surficial aquifer supply well, chemical storage and
delivery systems, exterior stairs and elevated walkways, all electrical,
instrumentation, piping, valves, pumps, paving, general civil site and other
appurtenances for a completely functioning system and demolition,
rehabilitation and modification of existing systems as specified. This Project
was procured under the requirements of the Equal Business Opportunity
Ordinance. On April 21, 2021, the Goal Setting Committee approved an
Affirmative Procurement Initiative of a minimum mandatory 20% Small Business
Enterprise (SBE) subcontracting participation goal of which 3% shall be among
certified African American and/or Hispanic American owned firms. The contract
with PCEO provides for 36.62% SBE participation, which includes 3.19% MBE
participation. On April 27, 2022, the Office of Equal Business Opportunity completed their compliance review of the bids
received on March 10, 2022, and determined the lowest apparent bidder, PC
Construction, was responsive. The Project is included in the PBCWUD FY23
budget. (PBCWUD Project Nos. 18-066R) District
2 (MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: the reappointment of an at-large member to the
Water Utilities Department Advisory Board (WUDAB) for a three year term
effective October 18, 2022 through September 30, 2025.
|
Nominee: |
Requirements: |
Seat No. |
Nominated By: |
|
Bernard Castleman |
Current Water Utilities Customer, Resides in
Central/North County |
9 At-Large County-Wide |
Mayor Weinroth Comm. McKinlay Comm. Marino |
SUMMARY: Resolution No. R2014-0457 provides for an 11-member
WUDAB. The membership consists of seven District members, two Countywide
At-Large members, one Lake Region member and one Royal Palm Beach member.
Bernard Castleman’s term as member of the WUDAB expired on September 30, 2022.
Mr. Castleman has served on the WUDAB since April 15, 2014 completing a
previous Board Member’s term and has indicated a desire to continue as a WUDAB
member. The WUDAB and Department staff recommend the reappointment of Bernard
Castleman to remain on the Board another term. The Board has 11 seats, 8 seats currently filled and a diversity count of
7 Caucasian (87.5%) and 1 Hispanic-American (12.5%). Mr. Castleman is a
Caucasian male and the gender ratio (female:male) is 3:5. Countywide
(MWJ)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion
to approve: an appointment of one member to the Groundwater and Natural
Resources Protection Board (GNRPB) for Seat No. 4 beginning October 18, 2022
through October 18, 2025.
Seat No. Appoint Seat
Requirement Term Ending Nominated by
4 Steven Snyder Biologist or Chemist 10/18/25 Treasure
Coast Chapter
of the Florida
Association
of
Environmental
Professionals
SUMMARY: The GNRPB
is comprised of seven members as specified in Article 2.G.3.F.3 of the Unified
Land Development Code (ULDC). The membership consists of one professional
engineer, one attorney, one hydrologist or hydrogeologist, one citizen
possessing expertise and experience in managing a business, one biologist or
chemist, one concerned citizen, and one member of an environmental
organization. Ordinance 92-20 and
Article 2.G.3.F.3 of the ULDC requires that Seat No. 4 be filled by a biologist
or chemist. The GNRPB has six seats
currently filled and diversity count of Caucasian: 4 (66.67%), African-American:
2 (33.33%). The gender ratio (female:male) is 3:3. Seat No. 4 nominee is a
Caucasian male. Staff continues to address the need for increased diversity
within our boards and will encourage expansion of this Board’s diversity. Countywide (SS)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an Interlocal Grant Agreement Term
Extension between Palm Beach County and Solid Waste Authority of Palm Beach
County for $40,000 for the demolition and removal of the Duncan Padgett
Racquetball Courts, extending the completion date from November 30, 2022 to
November 30, 2023. SUMMARY: On September 1, 2021, the Parks and
Recreation Department submitted a Solid Waste Authority 2022 Blighted and
Distressed Property Cleanup and Beautification Grant application. The
application requested $40,000 in funding to cover the cost of demolition of the
Duncan Padgett racquetball courts. Grant funding was awarded and the Interlocal
Grant Agreement (R2022-0030) was presented to the BCC on January 4, 2022 for
the Mayor’s signature and to establish budget. The grant term is being extended
until November 30, 2023 to account for delays associated with staffing
resources to oversee the project. District
6 (AH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A)
approve Certifications and Assurances for grant
application to the U.S. Department of Justice Edward Byrne Memorial Justice
Assistance Formula Federal FY22 (County FY23) Direct Grant (JAG) in the amount
of $131,548 beginning October 1, 2022 through September 30, 2023 to fund the
Palm Beach County Reentry Program; and
B)
authorize the County
Administrator or designee to execute the grant award, amendments, documents,
and electronic grant reporting forms, related to this grant, on behalf of the
Board of County Commissioners, after approval of legal sufficiency by the
County Attorney’s Office, and within budget allocations.
SUMMARY: Palm Beach
County was allocated $131,548 in Federal FY22 (County FY23) funds as part of
the JAG Direct Program (CFDA #16.738) for expenditure during the period October
1, 2022 through September 30, 2023. The Criminal Justice Commission approved
allocating these funds to the existing Palm Beach County Reentry Program. This
award will provide $131,548 continuation funding to the Reentry Program. The
program provides transitional services to juveniles and adults reentering
society from jail and prison. Approximately 808 individuals have been served in
County Fiscal Year 2022. This includes youth and adults, as well as pre and
post release. No local match is required for this grant. Countywide
(HH)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
2. Staff recommends
motion to:
A) receive and
file Grant Adjustment Notice (GAN) 5 of the John D. and Catherine T.
MacArthur Foundation Safety and Justice Challenge Grant 17-1704-151863-CJ to
realign the previous budget and to reflect a no cost extension to December 31,
2022;
B) receive and
file GAN 3 of the John D. and Catherine T. MacArthur Foundation Safety and
Justice Challenge Grant 19-1806-153373-CJ to realign the previous budgets and
to reflect a no cost extension to September 30, 2023;
C) approve a budget
transfer of $188,545 in the MacArthur Foundation’s Safety and Justice Challenge
$1.4M Fund to realign the budget based on the approved GAN; and
D) approve a budget
amendment of $50,644 in the General Fund Public Safety Department to recognize
the increase in the transfer from the $1.4M MacArthur Grant.
SUMMARY: In 2017, Palm Beach County was awarded a $2M
grant from the John D. and Catherine T. MacArthur Foundation (Foundation)
Safety and Justice Challenge (R2017-1709). GAN 5 was approved by the Foundation
to realign the budget to best fit the goals of the grant and to incorporate a
no cost extension to December 31, 2022. In 2019, Palm Beach County was awarded
an additional $1.4M from the Foundation (R2020-0484; R2020-0485). GAN 3 was
approved by the Foundation to realign budget to best fit the goals of the grant
and to incorporate a no cost extension to September 30, 2023. No County matching funds are required. Countywide (HH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: the County’s acknowledgement and acceptance of the terms and conditions of the
In-House Repair Center Authorization, from Scott Technologies, Inc. (3M Scott),
for Palm Beach County Fire Rescue (PBCFR) to perform service and maintenance on
Self Contained Breathing Apparatus (SCBA) manufactured by 3M Scott and owned by
PBCFR. SUMMARY: PBCFR currently owns, services and uses SCBAs
manufactured by 3M Scott. Service and maintenance is performed by PBCFR
employees certified by 3M Scott; acknowledging and accepting this authorization
will allow PBCFR employees to continue to be certified and purchase 3M Scott
parts to comply with the service requirements of the SCBAs, without requiring
the use of a third-party repair facility. Countywide (SB)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to approve: the write-off of uncollectible
emergency transport patient accounts to remove these amounts from the County’s
general ledger for the following period:
October 1,
2017 through September 30, 2018 (FY 2018) $12,799,474.94
SUMMARY: In December 1994, the Board authorized
Fire Rescue to transport critically ill/injured patients and bill for those
services. The County contracts with a private company for these billing and
collection services. The County receives payment from a number of sources,
including commercial insurance, Medicare, Medicaid, and private individuals.
During the period October 1, 2017 to September 30, 2018, Fire Rescue generated
$52,972,948.20 in gross transport billings and collected (to-date)
$24,824,237.38. After adjustments of $15,349,235.88, required under the
guidelines of the Medicare/Medicaid programs, the balance of $12,799,474.94 is
currently deemed to be uncollectible. This balance is primarily due to partial
payments, insurance denial based on medical necessity, the inability to obtain
accurate patient and/or insurance information, and patients without medical coverage
or high deductibles. Staff recommends the amount deemed uncollectible be
written off the County’s general ledger. Countywide (SB)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
3. Staff recommends
motion to:
A) accept a U.S. Department of Homeland Security (DHS) Federal Emergency
Management Agency (FEMA) FY 2021 Assistance to Firefighters Grant (AFG) Program
Agreement No. EMW-2021-FG-00794 award, in the amount of $711,956, with a
required match of $71,195.60 for the purchase of automatic chest compression
devices for the period of August 29, 2022 through August 28, 2024;
B) approve a budget amendment of $711,956 within the Fire/Rescue
MSTU Fund to recognize the grant award, establish a budget for the approved
grant and transfer $71,196 from contingency reserves for Fire Rescue’s matching
requirement; and
C) authorize the County Administrator or
designee to accept, approve, execute and submit, electronically or otherwise,
on County’s behalf the grant award, representations, certifications,
acknowledgments, assurances, standard forms and documents, reimbursement
requests, amendments time frame changes,
and other necessary documents, that do not materially change the general scope
of terms and conditions of the grant.
SUMMARY: On February 8, 2022, the Board ratified a
grant application (R2022-0129) requesting $711,956 to purchase automatic chest
compression devices. The application included the required match of $71,195.60.
On August 22, 2022, the County received notification of the grant award from
FEMA. This grant award and the required matching funds (10% of the federal
award amount) equal a total grant project cost of $783,151.60. The eligible
activities under this grant are the purchase of automatic chest compression
devices for each frontline engine that does not currently have one. The County
must comply with all terms, conditions, certifications, assurances and other
requirements of the grant program and related regulations, including the
Summary Award Memo, Agreement Articles, Obligating Document, Notice of Funding
Opportunity and the grant application package. Countywide (SB)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind Interlocal Agreement R2015-0445 as amended by R2015-0932;
B) approve the replacement Interlocal Agreement providing updated contract terms for network services with South Florida Water Management
District; and
C) authorize the
County Administrator or designee to approve and execute task orders for
additional IT services, up to a maximum dollar value of $50,000 per task order.
SUMMARY: South Florida Water Management
District has an existing Interlocal Agreement with Palm
Beach County (R2015-0445 as amended by R2015-0932) for network services in
exchange for access to their communications towers for County antenna
placement, and has requested an increase in their network bandwidth. Staff
recommends rescinding the existing agreement and replacing it with a new agreement
for a period of one year with four automatic one-year renewals unless notice is
given by either party. This new Interlocal Agreement includes updated contract
terms to provide upgraded network services to South
Florida Water Management District. The Florida LambdaRail,
LLC has approved connection of South Florida Water Management District to the Florida LambdaRail network. Countywide (DB)
X. PUBLIC
SAFETY
1. Staff recommends a
motion to:
A)
receive and file a State-Funded Grant
Agreement for Hazardous Materials Planning and Prevention Program (T0211) with
the State of Florida, Division of Emergency Management (FDEM) for the period of
July 1, 2022 through June 30, 2023, in the amount of $7,932.31; and
B) approve a budget amendment of $7,933 in the Emergency
Management Grant Fund to recognize the grant award.
SUMMARY: This is an
annual grant (CSFA #31.067) from FDEM to conduct on-site visits and hazardous
materials analyses at facilities within Palm Beach County known to have
extremely hazardous substances designated by the U.S. Environmental Protection
Agency. These assessments are required for compliance with the Emergency
Planning and Community Right-To-Know Act, also known as the Superfund
Amendments and Reauthorization Act. R2012-1731 authorized the County Administrator
or designee to execute these agreements on behalf of the Board of County
Commissioners. No matching funds are
required. Countywide (DB)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) receive and file a State-funded Grant Agreement (A0281) for
FY2022-23 in the amount of $105,806 for the Emergency Management Preparedness
and Assistance (EMPA) Grant with the State of Florida, Division of Emergency
Management to receive grant funding for the period of July 1, 2022 through June
30, 2023, to improve and enhance emergency management plans and programs and
provide operational support to maintain state required programs; and
B) approve
a budget amendment of $79,354 in the EMPA Fund to adjust the budget to the
actual award of $105,806.
SUMMARY: The EMPA
grant (CSFA #31.063) is a state funded grant that recurs annually. This grant
will be used to further enhance emergency planning, response, mitigation, and
recovery in the County. R2012-1731 dated November 20, 2012 gave authority
to the County Administrator or designee to execute this agreement on behalf of
the Board of County Commissioners. The EMPA grant requires a match at the amount either equal to the average of the previous
three years’ level of county general revenue funding for the Division of
Emergency Management budget or the level of funding for the DEM budget for the
last fiscal year, whichever is lower. Countywide (DB)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to approve: Affiliation Agreement #50D63 with State of
Florida, Department of Health, Palm Beach County Health Department (Department)
for activities related to achieving competency in performing medical forensic
exams to the County’s Victim Services and Certified Rape Crisis Center Forensic
Nurses for a three year term beginning August 1, 2022 or the latest date of
signature by the parties through July 31, 2025 which may be renewed for one,
three year term with no financial obligations. SUMMARY: The Department is a state agency with seven
health centers located throughout the County. The Division of Victim Services
(DVS) employs up to 12 Forensic Nurses. In order to perform a Forensic Sexual
Assault exam, the nurses are required to observe four medical forensic exams
under the guidance of a preceptor and demonstrate competency by performing ten
medical forensic exams under the guidance of a preceptor. In order to
facilitate the Forensic Nurses in meeting their required competencies, DVS is
seeking to execute an agreement with the Department for activities related to achieving
competency for the Forensic Nurses. The agreement is needed to outline the
respective duties, responsibilities, policies and procedures that will be
undertaken by the Department and the County regarding the Forensic Nurse
competency requirement. The County will coordinate with the Department for
learning opportunities and rotations at the C.L. Brumback Health Center in
Belle Glade. The Department will designate an experienced Advanced Practice
Registered Nurse, Medical Doctor or Physician Assistant to provide trainings
for gynecological exams and speculum competency to Forensic Nurses. Countywide
(SF)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A) receive and file Purchase
Order (PO) (C00082) for $375,000 for contractual adult reentry services from
the Florida Department of Corrections (FDC) for the service period of July 1,
2022 through June 30, 2023;
B) approve a budget amendment of $257,500 in the
Justice Service Grant Fund to adjust the budget to the actual grant award; and
C) approve the following contracts to provide adult
reentry case management, support services and mental health services:
1) The
Lord’s Place, Inc. (TLP) in the amount of $91,584 for the period July 1, 2022
through June 30, 2023;
2)
Riviera Beach Integrated Care, Inc. (RBIC) in the amount of $15,000 for the
period July 1, 2022 through June 30, 2023;
3) TLP in
the amount of $255,272 for the period October 1, 2022 through September 30,
2023; and
4) RBIC in the amount of $10,000 for the period October 1, 2022 through September
30, 2023.
D) authorize
County Administrator or designee to execute amendments and administrative
documents associated with the above contracts, on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney's
Office, and within budgeted allocations.
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. (Cont’d)
SUMMARY: Palm Beach County's Regional and State Transitional Offender
Reentry (RESTORE) Initiative is funded by local, state, and federal
sources. The State of Florida FY22-FY23 General Appropriations Act provided
$375,000 (CSFA #70.011) in non-recurring general revenue funds to the Palm
Beach County Board of County Commissioners for Adult Reentry Services. Palm
Beach County’s Public Safety Department Division of Justice Services contracts
with providers to coordinate reentry services to those returning to Palm Beach
County from incarceration. Providers are solicited and selected for a
three-year period through a competitive procurement process, although funding
is allocated on an annual basis. For 2022-2025, TLP, City of Riviera Beach and
RBIC were selected to receive funding for services such as pre and post release
case management, client support services and mental health treatment. Separate contracts are necessary for
providers based on funding source and the begin date of the county and the
state fiscal year. Contracts utilizing funding from the State of Florida
FY22-FY23 General Appropriations Act provided are retroactive to July 1, 2022.
Contracts funded through ad valorem funds and State Justice Assistance Grant
funding are retroactive to October 1, 2022 through September 30, 2023. TLP
($255,272) and RBIC ($10,000) contracts will use Ad Valorem dollars in the
amount of $71,739 and State JAG Formula Grant funds of $193,533 that have not
been awarded, but are in the budget. No
County matching funds are required for this grant. Countywide (SF)
|
Service
provided (Correctional Facility) |
FY 18 |
FY 19 |
FY 20 |
FY 21 |
FY 22 |
|
Pre-Release
(Sago) |
415 |
383 |
296 |
364 |
414 |
|
Post-Release
(FDC) |
274 |
312 |
362 |
280 |
293 |
|
Post-Release
(PBSO Jail & Federal Prison) |
123 |
91 |
84 |
95 |
97 |
|
Total |
812 |
786 |
742 |
739 |
804 |
From 2018–2022, 56% of clients
enrolled in the County’s Adult Reentry post-release programming were not
rearrested. Therefore, the recidivism rate was 44%, which is below the national
average recidivism rate of 66%.
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
CC.
SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a contract amendment
between the Palm Beach County Sheriff’s Office and the University of North
Florida Training and Services Institute, Inc., d/b/a Institute of Police
Technology and Management, to provide an additional $32,246.13 in supplemental
funding; and
B) approve
a budget amendment of $32,246 in the Sheriff’s Grants Fund.
SUMMARY: The Board of
County Commissioners accepted this grant award for $91,144.70 on August 23,
2022 (R2022-0873). This contract
amendment will provide $32,246 in supplemental funding, for a total of $123,391, to support the
Florida Department of Transportation’s Bicycle Pedestrian Focused Initiative.
These funds will be used to pay for overtime costs associated with the High
Visibility Enforcement project. There is no match requirement associated
with this award. The Catalog of
Federal Domestic Assistance number is 20.205, the project number is
433144-1-8404, and the Florida Department of Transportation Contract number is G2A92. Countywide (RS)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
DD. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to:
A)
ratify the Mayor’s
signature on three cooperative
agreements with the U.S. Department of Housing and Urban Development (HUD)
totaling $173,440 allowing the Office of Equal Opportunity (OEO) to receive
revenue applying to FY 2022 for:
1. Case processing (Cooperative Agreement No
FF204K224041 in the amount of $119,000) for the period of July 1, 2021 through
June 30, 2022;
2. Administrative cost (Cooperative
Agreement No. FF204K224042 in the amount of $32,000) for the period of October
1, 2021 through September 30, 2022; and
3. Training funds (Cooperative Agreement No.
FF204K224043 in the amount of $22,440) for the period of October 1, 2021
through September 30, 2022.
B)
approve a downward budget
amendment in the General Fund (Fund 0001) in the amount of $84,160 to recognize
the actual award amount; and
C)
ratify the Mayor’s
signature on one cooperative agreement with the U.S. Department of HUD in the
amount of $24,000 allowing the Office of Equal Opportunity (OEO) to receive
revenue applying to FY 2023 for Special Enforcement Effort (SEE) funds
(Cooperative Agreement No. FF204K224086 in the amount of $24,000) for the
period of October 1, 2022 through June 30, 2023.
SUMMARY: In order for OEO
to receive revenue from HUD for processing and resolving housing discrimination
complaints, execution of Cooperative Agreements No. FF204K224041, FF204K224042,
FF204K224043 and FF204K224086 were required
prior to October 18, 2022 because there was insufficient time to meet the
application deadline under the regular agenda process. The current
individual awards total $197,440 and include $119,000 for cases processed for
the period July 1, 2021 through June 30, 2022; $22,440 for training funds for
the period of October 1, 2021 through September 30, 2022; $32,000 for
administrative costs for the period October 1, 2021 through September 30, 2022;
and $24,000 for SEE funds for the period of October 1, 2022 through June 30,
2023. Board ratification of the Mayor’s
signature will ensure the receipt of revenue under these agreements. Countywide
(DO)
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF COMMUNITY REVITALIZATION
1. Staff recommends
motion to:
A) approve
1)
the amendment of
existing Florida Power and Light agreements for the conversion of 454 existing
high power sodium (HPS) cobra head streetlights in 18 Countywide Community
Revitalization Team (CCRT) areas into Light-Emitting Diode (LED) streetlights
and their ongoing operation and maintenance for a ten-year period;
2)
an increase in
expenditure of $80,000 to pay for the operation and maintenance of 67 LED cobra
head streetlights for a ten-year period in the San Castle CCRT area;
3)
an increase in
expenditure of $7,500 to pay for the operation and maintenance of 20 LED cobra
head streetlights for a ten-year period in the Lee Crossing CCRT area;
4)
an increase in
expenditure of $8,000 to pay for the operation and maintenance of 21 LED cobra
head streetlights for a ten-year period in the Old Military Trail CCRT area;
5) an increase in expenditure of $2,500 to pay for the
operation and maintenance of 8 LED cobra head streetlights for a ten-year
period in the Juno Ridge CCRT area;
6) a budget transfer of $98,000 from the Capital Outlay Fund
to the OCR Special Projects and Initiatives Fund for the LED Street Lighting
Conversion Project; and
7) an upward budget amendment of $98,000 in the CCRT Street
Lighting Maintenance Fund to align the budget to the cost associated with the
project changes.
B) authorize the County Administrator or designee to
execute FPL LED lighting agreements related to the conversion project for 18
existing projects.
OCTOBER 18, 2022
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF COMMUNITY REVITALIZATION
1. (Cont’d) SUMMARY: The proposed project entails the conversion
of existing HPS cobra head streetlights in 18 CCRT areas into LED streetlights.
The total cost of the project is $957,012. The requested funding for $98,000 is
to cover the costs associated with the conversion and ten-year operation and
maintenance of 116 existing streetlights in the San Castle, Lee Crossing, Old
Military Trail, and Juno Ridge CCRT areas. Funding for this project is
available in the CCRT Recouped Funding account in the Capital Outlay Fund
account. Approximate remaining funds in the amount of $859,012 for streetlights
are available in the street lighting maintenance account previously approved by
the Board. Converting the existing lights to LED lights will result in lighting
that is more efficient and a projected savings of $352,200 over the ten-year
operation and maintenance period with no upfront cost to Palm Beach County. The
requested transfer and associated amendment are needed to allocate the funding
for the project and recognize the transfer. The execution of the agreements
will extend the operation and maintenance of the 18 existing projects for an
additional ten years. Districts 1, 2, 3, 5 & 7 (RS)
FF. OFFICE OF RESILIENCE
1. Staff recommends
motion to approve: an indemnification agreement between Stonehill PACE,
LLC, as an Administrator of Florida Resiliency and Energy District, and Palm
Beach County, Florida. SUMMARY: The
Board of County Commissioners (BCC) has authorized a County Property Assessed Clean
Energy (PACE) program for third parties to provide funding for energy
efficiency, renewable energy, and wind resistant improvements for residential
and commercial properties by levying non-ad valorem assessments on property
owner tax bills. The County enters into interlocal agreements (ILAs) with
multiple PACE agencies/authorities/districts (Districts) for them to provide
the financing for qualifying improvements. Districts are then required to
obtain indemnification agreements from all third-party administrators, whom the
Districts use to execute PACE financing. In the ILA between Palm Beach County
and the Florida Resiliency and Energy District (FRED) district (R2017-1098),
the BCC authorized the County Administrator or designee to execute such indemnification
agreements with subsequent administrators of FRED. The BCC then rescinded such
delegated authority at the September 10, 2019 BCC meeting. The Office of
Resilience is bringing forth this item because FRED seeks to add Stonehill
PACE, LLC (Stonehill PACE) as a PACE third-party administrator for commercial
projects, thus requiring an indemnification agreement. This indemnification
agreement acknowledges that Stonehill PACE is a third-party administrator for
FRED and that Stonehill PACE agrees to indemnify and hold the County harmless
as Stonehill PACE assists FRED. Countywide (RM)
* * * * * * * * * * * *
OCTOBER 18, 2022
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring November 8, 2022 as Ride Free on Election Day in Palm Beach County
(District 1)
B) Certificate
of recognition presented to Loretta Fuegos for achieving Palm Tran’s First
Place Bus Operator of the Year (District 7)
C) Certificate
of recognition presented to Murray Seabrook for achieving Palm Tran’s Second
Place Bus Operator of the Year (District 2)
* * * * * * * * * * * *
OCTOBER 18, 2022
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
NONE
* * * * * * * * * * * *
OCTOBER 18, 2022
A. AIRPORTS
1. Staff recommends
motion to approve: Amendment
No. 9 to the General Consulting Agreement with AECOM Technical Services, Inc.
(AECOM) for Consulting/Professional Services in the amount of $976,819 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. Amendment No. 8 was
approved by the Board on June 7, 2022 (R2022-0573) increasing the amount of the
contract by $1,727,453.97. Approval of Amendment No. 9 will provide an
additional $976,819 to complete the following tasks: Task I Services
-Additional Noise Analyses to Support Strategic Planning at Palm Beach
International Airport (PBI); Disadvantaged Business Enterprise (DBE) Program
Outreach Services; PBI Bridge Repairs Construction Management/Construction
Administration (CA)/Resident Project Representative (RPR) Services; PBI
Drainage Repairs CA/RPR Services; PBI Landside Security Improvements; and Task
Ill Services - Deliverable(s) as required in accordance with specific Task
Authorizations. Work to be completed under these Task Ill Services will be
issued in accordance with PPM CW-F-050, by way of a separate proposal or task
authorization. AECOM is a Dallas, Texas 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 DBE goal of 18%
was set for this contract. AECOM committed to 18% in its proposal. The
anticipated DBE participation based upon the previous approved tasks is
approximately 22.32%. The DBE participation for this Amendment is 21.60%.
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)
OCTOBER 18, 2022
6. REGULAR AGENDA
B. OFFICE OF RESILIENCE
1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on November 15, 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 (PACE) 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 to amend Palm Beach County Code, Chapter 17, Article XVII, (Ordinance 2017012), Section 17-504 through Section 17-507, regarding the PACE Program that operates in the County. At the September 28, 2021 workshop, the BCC recommended that staff work to increase the applicability of the Ordinance for non-residential financing, streamline administrative tasks, increase consumer protections, and explore capping interest rates. At the June 7, 2022 BCC meeting, OOR staff brought an agenda item recommending a motion to approve on preliminary reading and advertise for public hearing staff’s proposed PACE ordinance changes. The BCC directed staff to postpone the item and work with stakeholders to find additional common ground for ordinance amendments. At the August 23, 2022 BCC meeting, the Board postponed the permission to advertise agenda item, per PACE industry requests. Since then, staff has met with local PACE representatives to hear additional feedback. Upon final direction, staff will advertise the proposed ordinance amendments for adoption at the November 15, 2022, BCC meeting. Countywide (RM)
OCTOBER 18, 2022
6. REGULAR AGENDA
C. ADMINISTRATION
A) on the inclusion of a 401(a) plan as part of
the County’s investment options for employee participation that direct unused
sick and/or vacation leave into the Special Pay Plan (SPP); and
B) on the retention of specialized tax counsel
to provide an independent legal opinion on the inclusion of specific provisions
of an SPP, including mandatory participation of all employees.
SUMMARY: Per
Board of County Commissioners directive, staff has researched the parameters of
setting up a 401(a) plan with the specific intent of requiring employees who
have accumulated sick and/or vacation leave, to have those funds deposited into
this specific fund upon completion of their service with the County. 401(a)
plans are investment tools that are also known as SPPs that can be customized
for specific group participants. All identified group members must participate
in the SPP. These plans are additional retirement plans that are funded by an
employee’s “Special Pay”, which is compensation other than regular salary or
wages accumulated by an employee. Those funds can be converted to a lump sum at
termination of employment, or can be swept into the fund at specified
increments at the end of a pay period or a fiscal year depending upon the
design of the plan. Through these plans,
the employer must contribute any accumulated Special Pay designated under the
rules of the plan directly into the Plan. One of its’ tax savings is neither
the employee or employer are subject to the 7.65% Social Security and Medicare
tax on funds allocated to the SPP. Currently, Palm Beach County has a 401(a)
plan administered by Nationwide. That plan was specifically created for one employee
over 25 years ago who was not eligible to participate in the Florida Retirement
System with a mandatory contribution by the employer, Palm Beach County. Direction from the Board could include
entering into a new 401(a) with the current provider or issuing an RFP for one
or more specific 401(a) providers, subsequent to obtaining the aforementioned
legal opinion. Countywide (DO)
OCTOBER 18, 2022
6. REGULAR AGENDA
D. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an agreement
with the Friends of the Mounts Botanical Garden, Inc. (FMBG) for the
development of a new Master Plan for the Mounts Botanical Garden (Garden). SUMMARY:
Palm Beach County (County) established, owns and operates the Garden which is
located at 531 N Military Trail, West Palm Beach. On January 7, 1992, the Board
of County Commissioners (Board) and FMBG entered into that certain Mounts
Botanical Garden Agreement (1992 Agreement) to provide for the conditions under
which the County and FMBG would collaborate in the operation and management of
the Garden. The County and FMBG’s collaboration in the operation and management
of the Garden dates back to 1983; the 1992 Agreement provided for the
formalization of said relationship. Although the County and FMBG have
effectively operated under the 1992 Agreement since its approval, it is a
30-year old agreement and both parties agree that it should be revised in order
to reflect the current status of the relationship between the County and FMBG.
On January 26, 2022, Ms. Paton White, in her capacity as FMBG’s Chair sent a
letter to County Administrator Baker formally requesting revisions to the 1992
Agreement. Through the negotiation process which was aimed towards identifying
the needed revisions to the 1992 Agreement, FMBG representatives and County
staff came to the conclusion that in order to effectively define the future of
the parties’ continued collaboration, the County and FMBG needed to first reach
a joint understanding on the future development of the Garden. A new Master
Plan for the Garden is to be developed under the agreement being recommended
under this agenda item for approval by the Board. FMBG, in collaboration with
County staff, will lead and fund the process for the development of the new
Master Plan. Under the agreement, FMBG will be required to procure consultant
services as per County procedures and the County will name three of the six
voting members on the selection committee. Upon completion of the Master Plan
and recommendation for approval of same by FMBG, the Director of the County’s
Cooperative Extension Services department will submit the Master Plan for
approval by the Board. The initial term of the agreement is two years with
three, one-year extensions. Upon approval by the Board of the Master Plan, FMBG
and County staff will reengage in conversations towards revising the 1992
Agreement. This item carries no fiscal impact other than staff’s time towards
administration of the agreement. (FDO Admin) District 2/Countywide (MWJ)
OCTOBER 18, 2022
6. REGULAR AGENDA
E. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motions to approve:
A) a waiver of the statutory requirement, by a majority vote plus one, that
one of the two public hearings to be held on November 15, 2022 and December 20,
2022, be held after 5:00 p.m., to consider the designation of parcels located
at 9719 and 9645 Lantana Road, in unincorporated Palm Beach County, Florida,
further identified by Parcel Control Numbers 00-42-43-27-05-034-0432 and
00-42-43-27-05-034-0431 (the Subject Property), as a Brownfield Area pursuant
to Section 376.80(2)(c), Florida Statutes; and
B) the advertising of public hearings on Tuesday, November 15, 2022 at 9:30
a.m. and Tuesday, December 20, 2022 at 9:30 a.m. to consider the designation of
the Subject Property as a Brownfield Area pursuant to Section 376.80(2)(c),
Florida Statutes, which shall hereafter be known as the Encompass Health Green
Reuse Area.
SUMMARY: On September 14, 2022, the owner of the property, Encompass Health
Rehabilitation of Lake Worth, LLC, submitted an application to the Department
of Housing and Economic Development to designate the Subject Property as a
Brownfield Area. This designation requires two public hearings, one of which
must be held after 5:00 p.m. per Section 125.66, Florida Statutes
(cross-referenced in Section 376.80, Florida Statutes), unless the Board of
County Commissioners (BCC), by a majority plus one vote, elects to conduct that
hearing at another time of day. The western portion of the Subject Property was
formerly operated as a mulching business and is impacted by discharges of
arsenic. The eastern portion of the
property is impacted by concentrations of the benzo(a)pyrene congeners. Encompass Health Rehabilitation of Lake
Worth, LLC plans to develop the Subject Property as an institutional development
(Hospital). The rezoning of the 8.21 acre site was approved by the BCC at the
June 23, 2022 Zoning Hearing via Resolution 2022-0630, concurrent with a future
land use amendment, to allow for the development of 76,049 square feet of
hospital use. The approved Preliminary Site Plan indicates a two-phased
development, with 54,642 square feet and 50 beds within Phase 1, and 21,407
square feet and 30 beds in Phase 2; and 147 parking spaces. Prior to
redevelopment, Encompass Health Rehabilitation of Lake Worth, LLC is seeking a
“Brownfield Area” designation under Florida’s Brownfields Redevelopment Act.
The applicant indicates that the proposed development will create no less than
88 permanent, full-time jobs in its first year of operation, which exceeds the
minimum job creation threshold of five jobs per Section 376.80, Florida
Statutes. No
County funds for implementation are required. District 6 (HJF)
OCTOBER 18, 2022
6. REGULAR AGENDA
E. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to:
A) approve an American Rescue Plan
Act (ARPA) Response Projects Fund award of $2,760,000 to Autumn Ridge
Apartments, Ltd.;
B) approve an ARPA Response Projects
Fund award of $5,500,000 to The SPECTRA Organization, Inc.;
C) approve a budget transfer of
$8,260,000 in the ARPA Response Projects Fund;
D) direct staff to negotiate the loan
agreements; and
E) authorize the County Administrator
or designee to execute the loan agreement(s), amendments thereto, and all other
documents necessary for project implementation.
SUMMARY: On July 20, 2022, the Department of Housing and
Economic Development issued Request for Proposals HED.2022.4 (RFP) making
$13,000,000 in County ARPA Response Projects Fund funding available to
developers for new construction of affordable multifamily housing. A selection committee consisting of five
voting members met at a public meeting held on September 23, 2022, and
recommended funding for two projects:
1) $2,760,000
loan to Autumn Ridge Apartments, Ltd. (an affiliate of West Palm Beach Housing
Authority and Landmark Development Corporation) to construct Autumn Ridge, a
106-unit multifamily development, including no fewer than 96 County-assisted
units, located at 1580 N. Congress Avenue, in the Westgate/Belvedere Homes
CRA. The project includes 16 units for
tenants at 30% AMI, 68 units for 60% AMI, 12 units for 80% Area Median Income
(AMI), one unit for 100% AMI, four units for 120% AMI, and five units for 140%
AMI. The total project development cost is $40.7M; and
2) $5,500,000
loan to The SPECTRA Organization, Inc. (an affiliate of Palm Beach County
Housing Authority) to construct Legacy at 45th Street, a 48-unit
multifamily development, including no fewer than 34 County-assisted units, located
at 3430 45th Street, West Palm Beach. All housing units are for
tenants not to exceed 80% AMI. The total project development cost is $15.5M.
In addition to this funding, on August 17, 2021,
the Board awarded a $715,000 HOME Program grant to Autumn Ridge as the local
match for 9% Housing Credits. All County-assisted units will remain affordable
to tenants with incomes no greater than 80% of AMI for no less than 30 years.
The funding agreements and related documents pursuant to these funds will be between
the County and the entities identified herein or their respective successors
and/or assigns. To facilitate project implementation, staff requests
authorization for the County Administrator or designee to execute the loan
agreements and related documents. These are County ARPA replacement funds that
are now ad-valorem funds that do not require a local match. District 7
(HJF)
OCTOBER 18, 2022
6. REGULAR AGENDA
F. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) a one-year contract for Employee Self-Funded Medical Benefits Plan
(Contract No. 22-076/MD), with four one year renewal options, for claims
administration of the County’s self-funded Health Maintenance Organization
(HMO), CHOICE Network (CHOICE) (formerly named Open Access Plus In Network -
OAPIN), and Point of Service (POS), health insurance plans with United
HealthCare Services, Inc. (UHC) for the
period January 1, 2023 through December 31, 2023 (plan year 2023); and
B) employee wellness participation cash incentives in the amount of $25 per
employee for completion of the online Health Risk Assessment (HRA) and $25 per
employee for participation in a biometric screening that meets the requirements
of the County’s wellness program.
SUMMARY: Staff recommends Board approval of a contract for Employee Self-Funded
Medical Benefits Plan (Contract No. 22-076/MD) with UHC for the period January
1, 2023 through December 31, 2023 on behalf of the employees of the Board of
County Commissioners, Supervisor of Elections, and Palm Tran, Inc.
(collectively participating in the plan through the provisions of Interlocal
Agreement R2002-2287, as amended). The total conservative projected costs for
plan year 2023 are $76,946,000, which represents an approximate $11,000,000
savings projection over the expiring agreement. These projections include
claims, fixed administrative, access, utilization and disease management fees,
as well as stop loss insurance costs and other ancillary costs and fees, less
any pharmacy rebates. While these are projections, the agreement negotiated
with UHC will better position the County for savings in plan year 2023 and
beyond. The chart below provides the full breakdown of projected savings:
|
|
2023
Plan Year continuing with the current contract |
2023
Plan Year with the new UHC agreement |
|
Projected
Claims |
$89,596,000
|
$79,293,000
|
|
Carrier
Plan Administration |
$1,792,000
|
$2,054,000
|
|
Reinsurance
Premiums |
$549,000
|
$704,000
|
|
Pharmacy
Rebates |
($4,032,000) |
($5,105,000) |
|
Total |
$87,905,000
|
$76,946,000
|
|
Cost
Avoidance (potential savings) |
|
$10,959,000 |
OCTOBER 18, 2022
6. REGULAR AGENDA
F. RISK MANAGEMENT
(Cont’d)
1. SUMMARY (Cont’d): The plan
includes an annual wellness allowance of $175,000 for plan year 2023, which
will continue to ensure our regular wellness programming and provide additional
incentive opportunities for employees who participate in numerous preventive
health initiatives. Staff is not recommending changes to the benefit coverage
or level of employee funding for the health plans for the 2023 plan year. The
plan is being monitored by both the County and its contracted actuary to ensure
sufficient reserves are in place to securely meet the 60 days of claims safe
harbor surplus margin required by the Florida Office of Insurance Regulation
(OIR). Sufficient funds have been
budgeted to fund the program. In
conjunction with its administrative services, UHC will continue to supply the
staffing provided by the outgoing carrier, which included; two full time
on-site service representatives and one full time wellness coordinator to serve
the County in a dedicated role. In
addition, as part of the new agreement, UHC will add one full-time behavioral
health position employed through UHC and one full time clerical position
employed through UHC’s SMWBE vendor. Countywide (HH)
* * * * * * * * * * * *
OCTOBER 18, 2022
A. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: appointment
of At-Large member to the Commission on Women Advisory Board.
Appoint
Seat No. Requirement Nominated
By Term
Harriet Lerman 15 PBC Resident Mayor
Weinroth 10/18/22-9/30/25
Vice Mayor Weiss
Comm. McKinlay
Comm. Sachs
OR
Rachelle Litt
15 PBC Resident 10/18/22-9/30/25
SUMMARY: Per
Resolution R2018-0188, the Board of County Commissioners (BCC) established the
Commission on Women Advisory Board (ACW). The ACW is comprised of 15 members, 2
appointed by each County Commissioner and 1 At-Large appointed by majority vote
of the BCC. The Board may also appoint a youth representative (15-18 years of
age) to serve as an ex-officio member. The ACW serves as an advisory body to
focus on matters pertaining specifically to women. Harriet Lerman and Rachelle
Litt have expressed an interest in appointment. There is one vacancy. Fourteen
seats and one ex-officio seat are currently filled. The current diversity count
is Caucasian: 6 (40%), African-American: 4 (27%), Hispanic: 4 (27%) and
Unknown: 1 (7%). The gender ratio (female: male) is 15:0. These nominees are
Caucasian females. Countywide (JW)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 18, 2022
A. ADMINISTRATION
COMMENTS
B. COUNTY ATTORNEY
OCTOBER 18, 2022
District 1 – COMMISSIONER MARIA G. MARINO
Request
for off-site Certificate of recognition presented to the Loggerhead Marinelife
Center
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 Certificate of Appreciation to Ron Katz
District 7 – COMMISSIONER MACK BERNARD
ADD-ON:
Request for off-site Certificate of Congratulations on Your Retirement
to Dr. Debra Robinson
ADD-ON: Request for off-site Certificate of Recognition
to Tabernacle Missionary Baptist Church on Celebrating 129 years
OCTOBER 18, 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."