February 7, 2023
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
FEBRUARY 7, 2023
PAGE ITEM
68 4M ADD-ON: Proclamation declaring February
2023 as Black History Month in Palm Beach County (District 7)
85 6E-1 DELETED FOR
FURTHER STAFF REVIEW (WUD)
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
FEBRUARY 7, 2023
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 11-67)
4. SPECIAL
PRESENTATIONS (Page 68)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 69)
6. REGULAR AGENDA (Pages 70-85)
7. BOARD APPOINTMENTS (Page 86)
8. STAFF
COMMENTS (Page 87)
9. BCC COMMENTS (Page 88)
10. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 89)
11. ADJOURNMENT (Page 90)
* * * * * * * * * * *
FEBRUARY 7, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 11
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Receive and file a proportionate share
agreement with Centerpointe Delray Holdings LLLP for the 1690-2350 South
Congress Avenue to 2400 Palm Drive project
3C-2 Budget
amendment to recognize reimbursement funding from SR7 Development LLC
D. COUNTY ATTORNEY
Page 12
3D-1 Settlement
with Carlo J. Grosso, et al.
E. COMMUNITY SERVICES
Page 13
3E-1 Receive and file notice of award from the
U.S. Department of Health and Human Services to focus on reducing new HIV
infection in the United States
Page 14
3E-2 Subrecipient agreements with two
organizations for Ending the HIV Epidemic
Page 15
3E-3 Ratify the Mayor’s signature on grant
applications for the coordination of planning activities related to ending
homelessness
F. AIRPORTS
Page 16
3F-1 Memorandum
of Agreement with the United Stated Department of Homeland Security,
Transportation Security Administration for updates to the Checked Baggage
System
Page 17
3F-2 Receive
and file consent to subleases with three companies for space at the Palm Beach
International Airport
Page 18
3F-3 Amendment
to lease agreement with Atlantic Aviation – West Palm Beach, LLC for lease of
parking lot at the Palm Beach International Airport
Page 19
3F-4 Change
order to amendment to contract with Lebolo Construction for the Terminal
Building 4th Level Exterior Wall Repairs project
FEBRUARY 7, 2023
TABLE OF CONTENTS
CONSENT AGENDA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
Page 20
3G-1 Resolution
authorizing amendments to the County’s Public Improvement Revenue Note, Series
2008
3G-2 Negotiated
settlement offer with David Miserendino for full satisfaction of a code
enforcement lien
Page 21
3G-3 Receive
and file the quarter ending December 31, 2022 information for Children’s
Services Council of Palm Beach County
3G-4 Receive
and file the annual report for fiscal year ending September 30, 2022 from the
Boynton Beach Community Redevelopment Agency
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 21
3H-1 Lease agreement with the Solid Waste
Authority of Palm Beach County for operation of the fueling station in Jupiter
Page 22
3H-2 Interlocal agreement with the U.S. Fish &
Wildlife Service for direct access to the County’s Public Safety Radio System
Page 23
3H-3 Receive and file emergency contract with Joe
Schmidt Construction, Inc. for temporary fencing at the West County Host
Shelter
Page 24
3H-4 Receive and file Contingency Use Directive
Change Order to contract with Robling Architecture Construction, Inc. for the
Water Utilities Department Central Regional Operations Center Parking Lot
project
Page 25
3H-5 Supplement to Consultant Services
Authorization to contract with Colome & Associates, Inc. for the Pahokee
Building Renovations (Western Animal Care & Control Facility) project
Page 26
3H-6 Contracts with three contractors for various
federal or state funding projects
Page 27
3H-7 Receive and file Contingency Use Directive
Change Order to contract with The Weitz Company, LLC for the Palm Beach County
Convention Center Parking Garage project
Page 28
3H-8 Contract with AECOM Technical Services, Inc.
for program management services
Page 29
3H-9 Authorization for the County Administrator or
designee to execute an amendment to contract with The Weitz Company, LLC for
the Government Center 12th Floor Flooring project
FEBRUARY 7, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 30
3H-10 Receive and file change order to contract with
Kast Construction Company LLC for the Palm Beach Sheriff’s Office Headquarters
Renovation project
Page 31
3H-11 Quit-Claim
Deed conveying reversionary rights, title and interest in a portion of Morikami
Park, being approximately 88 acres
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 32
3I-1 Receive
and file documents connected to a loan made to KWA Properties LLC
Page 33
3I-2 Impact
Fee Affordable Housing Assistance Program funding award to SP Grove LLC
Page 34
3I-3 Receive
and file amendment to agreement with the Town of Lantana for the Community
Development Block Grant program
Page 35
3I-4 Amendment
to Series B of 2021 Bond for Caron of Florida, Inc.
Page 36
3I-5 Receive
and file three grant agreement/funding approvals with the U.S. Department of
Housing and Urban Development for three programs associated with affordable
housing
Page 37
3I-6 Certification
by State or Local Official of Public Housing Authority Plans Consistency with
the Consolidate Plan or State Consolidated Plan for the Pahokee Housing
Authority
K. WATER UTILITIES
Page 38
3K-1 Amendment to contract with Stantec
Consulting Services, Inc. for program management and implementation services
Page 39
3K-2 Consultant Services Authorization to
contract with Mock Roos & Associates, Inc for the Lake Worth Force Main
Rehabilitation – East project
3K-3 Partial release of utility easement located
at 2850 Range House Road
Page 40
3K-4 Amendment to contract with Chen Moore and
Associates, Inc. for the South County Reclaimed Water Transmission Pipeline –
Phase I project
Page 41
3K-5 Grant agreement with the State of Florida
Department of Environmental Protection for the Western Region Wastewater
Treatment Facility Operations Building Replacement project
FEBRUARY 7, 2023
TABLE OF CONTENTS
CONSENT AGENDA
K. WATER UTILITIES (Cont’d)
Page 42
3K-6 Contract with TLC Diversified, Inc. for the
Lift Station 5133 Conversion to Repump project
Page 43
3K-7 Work order to contract with Globaltech, Inc.
for the Water Treatment Plant No. 3 Raw 42-inch Water Line Replacement project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 44
3L-1 Receive and file Florida inland Navigation
District Project Agreement for the Providencia Cay Habitat Restoration project
3L-2 Receive and file the Annual Certified Budget
for Mosquito Control with the Florida Department of Agriculture and Consumer
Services for mosquito control activities
Page 45
3L-3 Receive and file amendment to agreement with
the State of Florida, Department of Environmental Protection for the Ocean
Ridge Shore Protection Project
3L-4 Consultant Services Authorization to
contract with Aptim Environmental & Infrastructure, LLC for sea turtle monitoring
Page 46
3L-5 Work order to contract with Arbor Tree &
Land Inc. for the Tarpon Cove Restoration Project Phase III
Page 47
3L-6 Agreement with the Palm Beach County Fishing
Foundation, Inc. for the donation or artificial reef material
Page 48
3L-7 Appointment to the Natural Areas Management
Advisory Committee
Page 49
3L-8 Contract with Loggerhead Marinelife Center,
Inc. for the North County Comprehensive Shoreline Protection Project
3L-9 Receive and file amendment to agreement with
the State of Florida, Florida Department of Environmental Protection for the
Jupiter/Carlin Shore Protection Project
Page 50
3L-10 Emergency dune restoration contract with
Eastman Aggregate Enterprises, LLC for the dune restoration services for the
Singer Island Dune Restoration project
FEBRUARY 7, 2023
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION
Page 51
3M-1 Receive and file two Entertainment Contractor
Agreements
3M-2 Receive and file two Amphitheater Rental
Agreements
Page 52
3M-3 Receive and file Amphitheater Rental
Agreement with AEG Presents SE, LLC
3M-4 Receive and file two Sound and Light
Production Service Contractor Agreements
3M-5 Receive and file Sponsorship Agreement with
Nostalgic America, LLC
Page 53
3M-6 Interlocal Grant Agreement with the Solid
Waste Authority towards the demolition and removal of the Caloosa Park
Racquetball Courts
Page 54
3M-7 Florida Department of Environmental
Protection – Loxahatchee River Preservation Initiative Grant for the
Loxahatchee River Battlefield Park project
N. LIBRARY
Page 55
3N-1 Subscription agreement with Grey House
Publishing, Inc. for access to the Weiss Financial Ratings Series Online
Page 56
3N-2 Write-off
of uncollectable lost-damaged library materials
Q. CRIMINAL JUSTICE COMMISSION
Page 57
3Q-1 Receive
and file amendment to grant agreement with the Legal Aid Society of Palm Beach
County for a one-year extension
Page 58
3Q-2 Receive
and file grant award from the U.S. Department of Justice Edward Byrne Memorial
Justice Assistance Formula to fund the Palm Beach County Reentry Program
Page 59
3Q-3 Ratify
the Mayor’s signature on a Certificate of Participation for an Annual Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance Formula
Grant
Page 60
3Q-4 Receive
and file amendment to Interlocal Agreement with the Florida Atlantic University
Board of Trustees for research and evaluation of the Delray Beach Police
Department’s Community Outreach Program
FEBRUARY 7, 2023
TABLE OF CONTENTS
CONSENT AGENDA
S. FIRE RESCUE
Page 60
3S-1 Emergency
Services Agreement with the Sheriff of Broward County for mutual assistance
Page 61
3S-2 Receive
and file agreement with Swim with Gills, LLC for swimming lessons
3S-3 Receive
and file Public Emergency Medical Transportation Letters of Agreement with the
State of Florida, Agency for Health Care Administration for the supplemental
payment program for Medicaid managed care patients
3S-4 Budget
transfer for the Knox box conversion program
Page 62
3S-5 Agreement
with Barry University, Inc. for clinical field experience
U. INFORMATION SYSTEMS SERVICES
Pages 62-63
3U-1 Rescind and replace Interlocal Agreement with
the Health Care District of Palm Beach County for network and colocation
services
X. PUBLIC SAFETY
Page 64
3X-1 End Use License Agreement with ESi
Acquisition, Inc. to support the WebEOC software
Page 65
3X-2 Receive and file Victim of Crime Act grant
agreement with the State of Florida, Department of Legal Affairs, Office of the
Attorney General for victim advocacy services
CC. INTERNAL AUDIT
Page 66
3CC-1 Receive and file two Facilities Development and Operations audit
reports
DD. TOURIST DEVELOPMENT
COUNCIL
Page 67
3DD-1 Receive and file grant agreements with two companies for promotion
of events
EE. COMMISSION ON ETHICS
Page 67
3EE-1 Memorandum of Understanding with the Delray Beach Downtown
Development Authority for services
FEBRUARY 7, 2023
TABLE OF CONTENTS
SPECIAL PRESENTATIONS
Page 68
4A Consul General Kazuhiro Nakai Certificate
4B 211 Awareness Week
4C Safety 4 Life Ambassador Day
4D Transit Equity Month
4E Lisa Lynch Certificate
4F The Genesis Media Group and Blackluxe
Picnic Festival Weekend
4G Palm Beach County and America Saves Week
4H The Links Inc. West Palm Chapter First
Black Family Wellness Expo
4I 90th Anniversary of Palm
Beach State College
4J 25th Annual Women in
Construction Week
4K Honoring Dr. Alina Alonso
4L National
Black HIV/AIDS Awareness Day
PUBLIC HEARINGS – 9:30 A.M.
Page 69
NONE
REGULAR AGENDA
A. AIRPORTS
Page 70
6A-1 Amendment to contract with The Morganti
Group, Inc. for the Terminal Roof Improvements at the Palm Beach International
Airport project
Pages 71-72
6A-2 Amendment to agreement with AECOM Technical
Services, Inc. for planning and design services for the Capital Improvement
program
Page 73
6A-3 Contract with Ranger Construction
Industries, Inc. for the Miscellaneous Pavement Repairs project
Page 74
6A-4 Amendment to contract with Suffolk
Construction Company Inc. for the Concourse Be Expansion – Package 1 project
Page 75
6A-5 Contract with Alen Construction Group, Inc.
for the Repairs to Short-Term and Long-Term Parking Garages 2 and 3 project
Page 76
6A-6 Contract with John Bean Technologies
Corporation for the Operation and Maintenance of Baggage Handling Systems at
the Palm Beach International Airport
FEBRUARY 7, 2023
TABLE OF CONTENTS
REGULAR AGENDA
B. HOUSING AND ECONOMIC DEVELOPMENT
Page 77
6B-1 Amendment to the Palm Beach County’s State
Housing Initiatives Partnership Program Local Housing Assistance Plan related
to affordable housing incentive areas
Page 78
6B-2 Community Development Block Grant funding to
the Town of Lake Clarks Shores for rehabilitation of sanitary sewer
improvements in the Maralago Cay and Seminole Manor neighborhoods
Page 79
6B-3 Budget transfer from the American Rescue
Plan Act Response Replacement Fund for the North “E” Street Cottage Homes
project
Page 80
6B-4 Allocation Plan for the HOME American Rescue
Plan grant award for COVID-19 response
C. ENVIRONMENTAL RESOURCES MANAGEMENT
Pages 81-83
6C-1 Amendment to Deed of Conservation Easement
releasing 2.73 acres of vacant land in the Loxahatchee Slough Natural Area
D. PARKS & RECREATION
Page 84
6D-1 Amendment to the Infrastructure Surtax
Project Plan for the Acreage Community Park South Expansion project
E. WATER UTILITIES
Page 85
6E-1 Irrevocable Directive of Project Proceeds
for Florida Design Drilling Corporation
F. INTERGOVERNMENTAL AFFAIRS
Page 85
6F-1 Proposed 2023 Federal Legislative Agenda
FEBRUARY 7, 2023
TABLE OF CONTENTS
BOARD
APPOINTMENTS (Page 86)
STAFF COMMENTS
Page 87
8A-1 Receive and file updated Board Directive
Reports
COMMISSIONER COMMENTS (Page 88)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 89)
ADJOURNMENT (Page 90)
FEBRUARY 7, 2023
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: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Date Meeting Type
July
12, 2022 Regular
July
19, 2022 Workshop
July
28, 2022 Zoning
August
23, 2022 Regular
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: a proportionate share agreement for $711,870 with Centerpointe Delray
Holdings LLLP dated November 30, 2022, for the proposed project located at
1690-2350 South Congress Avenue and 2400 Palm Drive in the City of Delray
Beach. 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. This agreement was
executed by the County Administrator on November 30, 2022 per Resolution
R2016-0125. Palm Beach County’s proportionate share program allows developers
to proceed with development notwithstanding a failure of transportation
concurrency, by contributing their proportionate share to one or more
regionally significant transportation facilities. District 4 (SAS)
2. Staff recommends
motion to approve: a budget
amendment in the amount of $1,733,648 in the Road Impact Fee Fund to recognize
reimbursement funding from SR7 Development, LLC (Developer) and appropriate it
to Flavor Pict Road from SR 7 to Lyons Road (Project). SUMMARY: Approval of this budget amendment will
allocate funding toward construction of the Project. Palm Beach County (County)
and the Developer entered into an agreement (R2018-1972) on December 18, 2018
whereby Developer agreed to fund the construction of a two-lane roadway
and a bridge over the Lake Worth Drainage District’s E-1 Canal for the western
segment straight alignment of the Project, from SR 7 to 2,300 feet east of SR
7, in lieu of the County’s original curved alignment that conflicted with the
Developer’s plans. District 5
(YBH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends a
motion to approve: a settlement in the total amount of $1,107,675, inclusive of attorney’s fees, expert
fees, and costs, in the eminent domain action styled Palm Beach County v Carlo
J. Grosso, et al., Case No.: 502021CA009288(AG). SUMMARY: Palm Beach
County (County) acquired a permanent right of way easement designated as Parcel
106 and temporary construction easements designated as Parcels 306, 317, and
338 from owners Carlo J. Grosso and Ana Maria Grosso on December 28, 2021 for
the improvement of Seminole Pratt Whitney Road from 86th Road North to
Northlake Boulevard and of Northlake Boulevard from Seminole Pratt Whitney Road
to 1,300 feet east. This settlement includes $650,000 as compensation for the
easements acquired, damages to remainder of the property, business damages to
C&P Growers, Inc., a nursery business, in addition to $157,075 as
statutory attorney’s fees, and $300,600 for the expert fees of the property and
business owners eight experts, for a total of $1,107,675. This settlement will
completely resolve this eminent domain proceeding as it relates to the parcels
acquired. District 6 (DO)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) receive and file a final Notice
of Award (NOA) 6 UT8HA33954-03-01 from the U.S Department of Health and Human
Services (HHS), for the budget period of March 1, 2022 through February 28,
2023, in the amount of $1,166,156, for a total grant award of $3,738,461 for
Ending the HIV Epidemic (EHE): A Plan for America federal grant program focused
on reducing new HIV Infection in the United States by 90% by 2030; and
B) approve an upward budget
amendment in the amount of $1,491,815 in the Ryan White Care fund to align the
budget with the actual grant award.
SUMMARY: On December 17, 2019, the Board of County Commissioners (BCC) ratified
the Mayor’s signature on the EHE grant application (R2019-1875). On April 5,
2022, a partial NOA in the amount of $325,659 was received and filed with the
BCC. On May 31, 2022, HHS issued a final NOA in the amount of $1,166,156 for a
total grant award of $3,738,461. Under this grant, the program will serve approximately
300 unduplicated clients annually, with 89 served in the current grant year to
date. This grant focuses on
reducing HIV infections by 90% in the United States by the year 2030. To
accomplish the goal of ending the epidemic, Palm Beach County uses the award to
expand capacity and provide new HIV system of care services each year:
Telehealth Adherence Counseling in 2021, Community Outreach, Response and
Engagement Teams in 2022, and Rapid Entry to Care in 2023. Transportation and
Housing services are planned for the future. The budget amendment includes the
amounts awarded on both the partial and final NOA. No County match is
required. (Ryan White Program) Countywide
(HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: two Subrecipient Agreements for Ending the HIV
Epidemic (EHE): A Plan for America Initiative with the below listed agencies,
for the period September 1, 2022 through February 28, 2025, in the amount
totaling $352,797, of which $117,599 is budgeted in Grant Year (GY) 2022, with
an anticipated annual allocation of $117,599 in each subsequent grant year,
contingent upon a budgetary appropriation by the Board of County Commissioners
(BCC), subject to funding approval by the U.S Department of Health and Human
Services (HHS):
A) CAN Community Health Inc. (CCH),
in an amount not-to-exceed $241,737, of which $80,579 is budgeted for GY 2022,
with an anticipated annual allocation of $80,579 in each subsequent grant year
for the term of the agreement; and
B) Midway Specialty Care Center,
Inc. (Midway), in an amount not-to-exceed $111,060, of which $37,020 is
budgeted for GY 2022, with an anticipated annual allocation of $37,020 in each
subsequent grant year for the term of the agreement.
SUMMARY: On December 17, 2019, the BCC ratified the Mayor’s signature on the EHE
grant application (R2019-1875). HHS issued a total grant award for EHE in the
amount of $3,738,461. This
grant focuses on reducing HIV infections by 90% in the United States by the
year 2030. To support the goal of ending the epidemic, Palm Beach County will
use the award to provide Rapid Entry to Care (REC). REC services provide an EHE
client with a low barrier medical appointment after a new diagnosis, or when
reengaging in HIV care. A REC appointment will take place no later than 72
hours after referral and provide a full initial medical visit standard for
persons with HIV, provide a 30-day supply of appropriate HIV Anti-Retroviral
Therapy, and any other appropriate referrals for the client. REC is a new
service provided this year under EHE. Both CCH and Midway will provide this new
service under the EHE program to approximately 85 clients annually. No County match
is required. (Ryan White Program) Countywide (HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) ratify the signature of the Mayor on the 2022 U.S. Department of Housing and
Urban Development (HUD) Palm Beach County Continuum of Care (CoC) Planning
Project Grant Application, for the period October 1, 2023 through September 30,
2024, in the amount of $247,270, for the coordination of planning activities
related to ending homelessness;
B) ratify the signature of the Mayor on the HUD 2022
Homeless Management Information System (HMIS) Implementation Grant Application,
for the period October 1, 2022 through September 30, 2023, in the amount of
$281,530, to increase HMIS capacity, enhance training, improve data quality
monitoring, and analyze data to improve the CoC system service delivery;
C) ratify the signature of the Mayor on the Certification of Consistency Plan with
the Consolidated Plan for the CoC Program Competition Form; and
D) delegate to the County Administrator or designee signatory
authority on additional forms and any other necessary documents related to the
HUD CoC Planning Project Grant Application, and the HUD HMIS Implementation
Grant Application.
SUMMARY: The Palm Beach County CoC Planning
Project Grant will provide funding for the coordination and evaluation of
activities related to ending homelessness. These activities involve
coordination of monthly CoC meetings and sub-committee meetings, administration
of HMIS, annual preparation of HUD CoC grant application, and technical
assistance and monitoring of local grant recipients. A 25% cash match of
$61,818 is required for the CoC Planning Grant and the County match will be
requested in the FY 2024 budget process. The HMIS Implementation Grant
increases the capacity to integrate data management systems in order to improve
and coordinate the delivery of housing services. A 25% cash match of $70,383 is
required and will be provided through existing budgeted staff salaries. The
grant period for the HMIS Implementation grant will be adjusted upon receipt of
award. The emergency signature process was utilized because there was
insufficient time to submit this application through the regular agenda
process. (Division of Human Services) Countywide (HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends motion
to approve: a Memorandum
of Agreement (Agreement) with the United States Department of Homeland
Security, Transportation Security Administration (TSA) providing for an update
to the Checked Baggage Resolution Area (CBRA) and Checked Baggage Inspection
System (CBIS) areas of Palm Beach International Airport (PBI) by the TSA at no
cost to the County. SUMMARY: The
TSA is in the process of updating the CBRA and CBIS areas of the in-line
baggage handling system (BHS) at PBI to meet the current version of the TSA
Planning Guidelines and Design Standards (PGDS) for CBIS (version 7.0, 2020),
including the installation of Explosives Detection System (EDS) over-height
protection, modification of fail-safe operations and modification of the CBRA
E-stop resets. These proposed additions
and alterations were identified during a site visit conducted by the TSA and
are not expected to impact the operation of the overall system during
implementation. Upon completion of the
scope of work contained in the Agreement, all equipment installed will become
the property of the County, with the exception of any security screening
equipment owned by the TSA, and it will remain the responsibility of the County
to maintain, repair and/or replace all equipment in order to sustain the
operational capabilities of the system. TSA’s contractor completing the work
will provide documentation from the Original Equipment Manufacturer regarding
any new equipment installed and will review the operations of the equipment
with the individuals/vendor responsible for maintaining the BHS. The County’s
primary responsibilities under this Agreement include the following: (1)
provide design input during creation of the concept design drawing and site
implementation plan (SIP) stages; the final accepted design will be confirmed
by TSA; (2) assist TSA’s contractors to identify and obtain required permit(s)
and permissions, as necessary that allows work to be performed; (3) facilitate
scope and schedule of work performed by TSA and its contractor; (4) provide TSA
or its contractors access to restricted areas to perform scope of work; (5)
allow TSA or its contractors to perform all necessary testing of all newly
integrated equipment; and (6) perform and bear all costs of the operation,
maintenance, and repairs for the improvements made by the TSA to the system. Countywide
(AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: three Consents to Sublease,
consenting to the sublease of space at the Palm Beach International Airport by
Atlantic Aviation – West Palm Beach, LLC d/b/a Atlantic Aviation PBI
(Atlantic), with the following subtenants:
1. CMB Aviation 1 LLC, effective as of December 1, 2022.
2. Dimor Aerospace INC, effective as of January 1, 2023.
3. N815GG, Inc., effective as of November 1, 2022.
SUMMARY: Atlantic provides fixed based
operator services for general aviation aircraft at PBI pursuant to a Lease
Agreement dated October 18, 2000 (R2000-1067, as amended), which provides for
the sublease of space subject to the County’s consent. Delegation of authority for execution of the standard form consent to
sublease was approved by the Board in R94-1453. Countywide (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
3. Staff recommends
motion to approve: the Tenth Amendment (Amendment) to the Lease
Agreement dated October 18, 2000 (R2000-1067, as amended) (Lease) with Atlantic Aviation – West Palm Beach, LLC
(Atlantic), providing for the lease of an additional 63,177+/- square feet of
unimproved ground for the construction of a vehicular parking lot by Atlantic
at the Palm Beach International Airport (PBI) for payment of initial annual
rental of $50,541.60, commencing February 7, 2023; establishing the rental rate
for the lease of an option parcel; streamlining the process for approval of
subleases for hangar, ramp or office space by Atlantic; and updating exhibits
and standard provisions in the Lease. SUMMARY: Atlantic provides fixed-based
operator services for general aviation aircraft at PBI. This Amendment adds a 63,177+/- square foot parcel of unimproved land for the
construction of a vehicular parking lot for use by Atlantic’s employees,
contractors and customers. Although not subject to the County’s Equal
Business Opportunity Ordinance, Atlantic has
voluntarily committed to 20% Small Business Enterprise (SBE) participation in
the construction of the parking lot. The Lease currently provides
Atlantic with the option to lease an additional 20,706+/- square foot
parcel located adjacent to Atlantic’s aircraft parking apron, which was
previously used by the Federal Aviation Administration (FAA) as a radio tower
site. The Lease provides that Atlantic would have the right to exercise the
option to lease the site upon the FAA’s
removal of the radio tower, which has occurred. Rental for the former
radio tower site is scheduled to commence on March 1, 2023, following
Atlantic’s inspection period. This Amendment establishes an initial annual
lease rate of $0.80 per square foot for the radio site based on appraisal as
provided in the Lease. The Lease currently requires the County’s consent for
all subleases. This Amendment allows
Atlantic to sublease, ramp or office space without prior consent of County,
provided the subleased space is used exclusively for uses and activities
permitted in the Lease and PBI General Aviation Minimum Standards (R2005-1168,
as may be amended) and for no other purposes whatsoever, and the sublease is in
a form consistent with the standard form sublease attached to the Lease. All
subleases are subject and subordinate to the Lease, and the County is not a
party to the subleases. The primary
reason for requiring consent is to ensure the County receives notice of
subtenants operating from the facility. Rather than requiring consent for each
sublease, Atlantic will provide copies of all subleases to the County
quarterly, or within ten days of the County’s request. The Amendment updates the legal
description of Atlantic’s leasehold as well as the nondiscrimination and
scrutinized company provisions to the Lease, and adds an approved standard form
sublease agreement for use by Atlantic. Countywide (HF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff
recommends motion to approve: Change Order No. 3 to Amendment No. 2
to the Construction Manager (CM) at Risk Contract (Contract) with Lebolo
Construction Management, Inc. (LCM) for CM at Risk Services for Miscellaneous
Airport Improvements for Palm Beach County Department of Airports (Department)
in the amount of $167,270.47 and to extend
the project time by 178 calendar days for Work Order SL 07: Terminal Building 4th
Level Exterior Wall Repairs at Palm Beach International Airport (PBI). SUMMARY: Amendment No. 2 was approved by
the Board on February 8, 2022 in the amount of $777,546.69 and 241 calendar days
(R2022-0135). Change Orders No. 1 and 2
in the amount of $310,736.11 and 46 calendar days were approved in accordance
with the authority designated in PPM CW-F-050.
Approval of Change Order No. 3 in the amount of $167,270.47 and 178
calendar days will primarily compensate the contractor to address existing
conditions following the removal of the existing HVAC Louvers at the six
ventilator fans to be replaced under this project. This includes reconstruction/replacement of
framing, floor flashing, bird screens for all six fans along with structural
modifications for the connection of one of the new ventilation fans. In addition, a credit is included to delete
the Motor Control Center (MCC) equipment due to the long lead-time. This equipment will be included in a future
project. The project completion needs to
be extended by 178 calendar days due to Hurricanes Ian and Nicole, as well as
to allow time for negotiations for the deletion of the MCC equipment and
approval of the change order. This project was presented to the Goal Setting Committee on
September 1, 2021 and an Affirmative Procurement Initiatives of 20% Small
Business Enterprise (SBE) participation was applied. The S/MBE
participation for the increases in this change order is 67.43%. The S/MBE subcontracting participation
including this change order is 48.38%. Countywide (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution of the Board of County Commissioners
of Palm Beach County, Florida authorizing certain amendments to the County’s Public
Improvement Revenue Note, Series 2008 (environmentally sensitive land
acquisition project) previously issued pursuant to Resolution No. R2008-0132 to
finance the costs of acquisition of certain environmentally sensitive land;
approving and authorizing the execution and delivery of an amendment and
agreement with Truist Equipment Finance Corp. As holder of the note; approving
and authorizing the issuance of certain other documents required in connection
with the foregoing; and providing certain other details in connection
therewith. SUMMARY: The County
and Truist Equipment Finance Corp. have agreed to modify the terms of the
variable rate Series 2008 Public Improvement Revenue Note (Environmentally
Sensitive Lands Acquisition Project) (the Series 2008 Note) to replace the
London Inter-Bank Offered Rate (LIBOR) Index with a new variable rate index
based upon the Secured Overnight Financing Rate (SOFR). This resolution authorizes the modification
of the Series 2008 Note’s terms to accommodate the transition from the LIBOR
benchmark reference interest rate to the SOFR benchmark reference interest rate
when calculating the interest expense on the variable rate Series 2008 Note. As
a result of amending the Series 2008 Note, the interest rate calculation methodology
will transition to the use of the SOFR market rate (the new industry
standard). The Series 2008 Note’s
interest expense calculation was based on LIBOR. The financial industry is
transitioning to a new benchmark reference rate, SOFR by June 2023, as LIBOR is
scheduled to be phased out. Countywide (DB)
2. Staff recommends
motion to approve: a negotiated settlement
offer in the amount of $12,000 for the full satisfaction of a code enforcement
lien that was entered against David Miserendino on April 6, 2011. SUMMARY: The
Code Enforcement Special Magistrate (CESM) entered an Order on January 5, 2011
for the property owned by David Miserendino giving him until February 4, 2011
to bring his property located at 18465 46th Ct N, Loxahatchee, FL into full
code compliance. The property was cited for overgrown vegetation and
accumulation of yard trash, rubble, and debris on the lot. Compliance with the
CESM’s Order was not achieved, and a fine of $50 per day was imposed. The CESM
then entered a claim of lien against David Miserendino on April 6, 2011. The
Code Enforcement Division issued an affidavit of compliance for the property on
June 29, 2012. The total accrued lien amount on November 30, 2022, the date on
which settlement discussions began, totaled $42,293.50, of which David
Miserendino has agreed to pay Palm Beach
County $12,000 (28%) for full settlement of his outstanding code enforcement
lien. District 6 (SF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to receive and file: the Quarter
Ending 12-31-2022 information for Children’s Services Council of Palm Beach
County (CSCPBC). SUMMARY: The CSCPBC has submitted their Quarter Ending 12-31-2022
information as per Section
125.901(3)(f), Florida Statutes. Countywide (DB)
4. Staff
recommends motion to receive and file: the Annual Report for the Fiscal Year ending
September 30, 2022 from the Boynton Beach Community Redevelopment Agency (CRA).
SUMMARY: The Boynton Beach CRA has submitted its Annual Report for the
Fiscal Year ending September 30, 2022 as per Sections 163.356(3)(d) and
163.387(8), Florida Statutes. Countywide (DB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: a lease agreement
with the Solid Waste Authority of Palm Beach County (SWA) for the operation of
the County fueling station within SWA’s North County Transfer Station located
at 14185 North Military Trail in Jupiter, for an initial term of five years at
an annual rate of $10. SUMMARY: The County has leased approximately
10,000 SF within SWA’s North Transfer Station, for the purpose of operating a
County vehicle fueling station pursuant to a lease agreement dated December 6,
1997 (R97-2119-D), which expired on December 15, 2022. SWA and the County
desire to enter into a new lease agreement for the continued operation of a
fueling station. The initial term of the lease is for five years with four
options to extend, each for a period of five years. Rent will be $10
annually. Either party has the right to
cancel the lease agreement upon one-year prior written notice to the other
party after the fifth year of the initial term of the lease. Property &
Real Estate Management will continue to have administrative responsibility for
this lease agreement. (Property & Real Estate Management) District 1
(HJF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the U.S.
Fish & Wildlife Service (Arthur R. Marshall Loxahatchee National Wildlife
Refuge), an office of the United States Department of the Interior (Participant),
allowing for direct access to the County’s Public Safety Radio System (System)
retroactively from December 16, 2022 through December 15, 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 since 2002. The Agreement requires that the Participant pay a one-time
$3,000/unit access or capacity 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 the 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
Participant will assign representatives to participate in user committee
meetings to discuss system maintenance and administration issues. The term of
the 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)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to receive and file: an emergency contract with Joe Schmidt Construction,
Inc. for the Temporary Fencing at the West County Host Shelter project located
at the West Detention Center in the amount of $52,837 for a period of six days
from notice to proceed. SUMMARY: This project consisted of furnishing
and installing approximately 530 linear feet of 8-foot tall commercial grade
Schedule 40 chain link fencing with one 26-foot rolling gate. Palm Beach County
was directed by the State of Florida to provide temporary housing support (in
the form of a host shelter) to the residents of Florida’s West Coast who were
severely impacted by Hurricane Ian. The West Detention Center was chosen as the
location for the host center therefore a fence was installed to separate
correctional operations from emergency host shelter operations. In order to
minimize the required extent of new fencing to be installed, existing fencing
was used as lateral support. A gate was installed to provide the Palm Beach
Sheriff’s Office access to the loading dock while ensuring a secure site for
correctional operation. As a direct result of the emergency need for setting up
the host shelter, a reduced performance period of six days was specified when
procuring the work. This project was solicited as an emergency contract in
accordance with Palm Beach County Purchasing Code (Purchasing Code) Section
2-54 and County PPM CW-L-008. Pursuant to Section 2-80.22 of the Equal Business
Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project is exempt
from the EBO requirements. The Director of the Facilities Development and
Operations Department executed this emergency contract under its construction
authority pursuant to the Purchasing Code Section 2-53(f). In accordance with
PPM CW-F-050, staff is submitting this emergency contract to the Board of
County Commissioners as a receive and file item for transparency and for
informational purposes. Joe Schmidt Construction, Inc. is a certified Small
Business Enterprise firm. The funding source for this project is the General
Fund. (Capital Improvements Division) District 6 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to receive and file: Contingency Use Directive (CUD) Change
Order No. 4 documenting a decrease to the contingency fund of Amendment No. 5
(R2021-1488) to the continuing
construction management (CM) contract with Robling Architecture Construction,
Inc. (R2020-1690) in the amount of $2,924.25 with an increase to the project
duration of 79 calendar days for the Water Utilities Department (WUD) Central
Regional Operations Center (CROC) Parking Lot project. SUMMARY: On October 19, 2021, the
Board of County Commissioners (Board) approved Amendment No. 5 (R2021-1488) to
the continuing CM contract with Robling Architecture Construction, Inc. in the
amount of $627,827 establishing a Guaranteed Maximum Price for construction of
the WUD CROC parking lot expansion. Change Order No. 4 to Amendment No. 5
authorizes the supply and installation of numbering at the parking spaces using
traffic-rated paint, and increases the project duration by 79 calendar days due
to permitting delays. In accordance with Policies and Procedures Memoranda
(PPM) CW-F-050, when a cumulative limit of 120 days has been reached for time
extensions, the item that causes the limitation to be reached shall be
presented to the Board as a receive and file item. This agenda item is being
submitted to notify the Board that Change Order No. 4 to Amendment No. 5 puts
the cumulative value of time extension in excess of the 120-day threshold
established by PPM CW-F-050. 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. The original SBE participation on this project was 26.51%.
The SBE participation for this change order is 95.24%. To date, the cumulative
SBE participation on this project is 33.42%. Robling Architecture Construction,
Inc. is a Palm Beach County Business. This project is funded from the
Capital Improvements Fund. (Capital Improvements Division) District 3
(MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Supplement #1 to the Consultant Services
Authorization (CSA) #8 to the continuing Architectural/Engineering Consulting
Services contract with Colomé & Associates, Inc. (Consultant) (R2019-1899)
in the amount of $150,657.05 for the Pahokee Building Renovations (Western
Animal Care & Control Facility) project. SUMMARY: On December 17,
2019, the Board of County Commissioners (Board) approved the continuing
contract with the Consultant (R2019-1899) to provide architectural services on
a task assignment basis. Under CSA #8, the Consultant prepared a Building
Assessment Report in February 2021 on the existing Pahokee building, which
identified deficiencies that the County must address prior to building
occupancy. Under Supplement #1, the Consultant will provide the professional
services (i.e. conceptual design, construction document preparation, cost
estimating, permitting, bidding and construction phase administration)
necessary for the interior and exterior renovations of the existing facility
which will be used for the Western Animal Care and Control Facility. Interior
renovations include, but are not limited to, minor reconfiguration of the
interior walls, interior floor replacement, drywall repair/refinishing,
insulation and painting interior rooms and doors. Exterior renovations include,
but are not limited to, re-working the concrete steps, concrete sidewalks and
grades at north side of the building, re-roofing the building, re-surfacing existing
asphalt parking areas and painting the exterior of the building. The continuing
Architectural/Engineering Consulting Services contract was presented to the
Goal Setting Committee on August 7, 2019 and the Committee established
Affirmative Procurement Initiatives of a minimum mandatory 20% Small Business
Enterprise (SBE) subcontracting goal and an SBE evaluation preference for the
selection. The Consultant committed to achieving an SBE goal of 85%. The SBE
participation on this Supplement is 89.37%. Cumulative SBE participation on the
continuing Architectural/ Engineering Consulting Services contract is 92.38%.
Colomé & Associates, Inc. is a local firm and is a certified SBE. Funding
for this project is from the Public Building Improvement Fund. (Capital
Improvements Division) District 6 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: continuing contracts for construction manager at
risk services for various federal or state funded projects with the following
firms on an as needed basis through February 6, 2026 with one optional two year
renewal:
A) Lebolo Construction Management, Inc.
B) State
Contracting & Engineering Corporation
C) Waypoint
Contracting Inc.
SUMMARY: These continuing contracts provide for construction management services
throughout the design and construction phases of various capital projects
throughout Palm Beach County (County), which may include new construction,
additions, or renovation projects with an estimated construction cost of each
project not to exceed $4,000,000. Construction services may include, but are
not limited to, new construction, renovations, or remodeling to County
facilities such as libraries, parks, general office buildings, community
centers, housing (both single family and multi-family), and other facilities
throughout the County. These continuing contracts will be for a period of three
years with one two-year renewal option. The construction cost of projects
assigned under these contracts will range from $20,000 to $4,000,000. No
minimum value is guaranteed. Once a project is assigned to a construction
manager (CM), a task order is issued to authorize preconstruction services.
Once the design phase is complete, the CM publicly bids the trade contracts to
establish a guaranteed maximum price (GMP) for the construction phase of the
project. Individual GMPs will be authorized as amendments or work orders to
these continuing contracts and will be presented to the appropriate approval
authority. These continuing construction management contracts were selected
through a competitive solicitation in accordance with the federal requirements.
Projects under this continuing contract may be funded in whole or in part by
federal or state grants. These
continuing contracts are exempt from the County’s Equal Business Opportunity
Ordinance pursuant to Section 2-80.22 thereof. Projects assigned under these
continuing contracts may include a Disadvantaged Business Enterprise goal
depending on the requirements of the applicable federal grant, which will be
included at the time of project assignment. (Capital Improvements Division) Countywide
(MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to receive and file: Contingency Use Directive (CUD) No. 4 and
Change Order No. 25 documenting a decrease to the contingency fund of
Amendments No. 1 (R2015-0452) and No. 2 (R2015-1257) for the construction
management (CM) contract with The Weitz Company, LLC (R2014-0923) in the amount
of $363,878.41 for the Palm Beach County (PBC) Convention Center Parking Garage
project. SUMMARY: On April 7, 2015, the Board of County Commissioners
(Board) approved Amendment No. 1 (R2015-0452) to the CM contract with The Weitz
Company, LLC in the amount of $45,766,972 establishing a Guaranteed Maximum
Price (GMP) for the construction of a cast-in-place nine level parking garage
consisting of 2,648 parking spaces for the PBC Convention Center. On September
22, 2015, the Board approved Amendment No. 2 (R2015-1257) to the contract with
The Weitz Company, LLC for foundation and above grade work as well as any costs
associated with building permits in the amount of $988,714 for the PBC
Convention Center Parking Garage project. Change Order No. 25 to Amendments No.
1 and No. 2 (Change Order No. 25) authorizes supplying, labor and installation
of tennis mesh screens, solid panels, mesh panels, aluminum caps over expansion
joints, additional conduit from the utility cabinet to the new waterproof
boxes, floor drains, hub drains and plates to cover the elevator shaft louvers
for the PBC Convention Center Parking Garage project in order to better
facilitate garage operations. Change Order No. 25 is being submitted to the
Board via a receive and file item for transparency and for informational
purposes. The solicitation for CM was advertised according to the Small
Business Enterprise (SBE) Ordinance in place at the time, with a 15% SBE
participation goal established. The SBE participation for this change order is
0%. To date, the cumulative SBE participation on this contract is 32.55%. The
Weitz Company, LLC is a Palm Beach County business. The funding source for this
project is the 3076 - 68M Public Imp Rev Bond 15A CP, Conv Ctr Garage &
Airport Ct Fund. (Capital Improvements Division) District 7 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve:
A) contract with AECOM Technical Services, Inc. (AECOM) for Program
Management Services for a period of five years; and
B) Consultant Services Authorization (CSA) No.1 to the contract with AECOM
for Program Management Services for a not to exceed amount of $1,547,778.64 for
the period starting from February 8, 2023 to December 31, 2023 and a not to
exceed amount of $1,807,761.28 for the period starting from January 1, 2024 to
December 31, 2024.
SUMMARY: This contract
will provide project management services necessary to assist the Palm Beach
County (County) Facilities Development and Operations Department (FDO)/Capital
improvements Division (CID), in administering and managing an expanded General
Government Capital Program (GGCP). Other County construction departments may use
this Contract for program management services. Based on County directed
staffing needs, AECOM will assemble a team to accommodate the project
requirements of FDO/CID for implementation of the GGCP. The quantity and type
of personnel provided by AECOM is subject to change throughout the term of the
contract, based in the County’s needs, with no minimum amount of services
guaranteed. AECOM’s full-time personnel will be located in FDO/CID’s offices
and will act as an extension of the FDO/CID staff, acting as an owner’s
representative. Work will be assigned by FDO/CID on an as needed basis through
individual CSAs issued against this Contract. CSA No.1 to the contract with
AECOM for Program Management Services is for a not to exceed amount of
$1,547,778.64 for the period starting on February 8, 2023 and ending on
December 31, 2023, and a not to exceed amount of $1,807,761.28 for the period
starting on January 1, 2024 and ending on December 31, 2024. Staffing positions
requested under CSA No. 1 include two senior project managers, one fiscal
specialist, one procurement/contract specialist, one cost estimator, two
project managers and two field representatives. Compensation will depend on
actual hours worked. There is no minimum amount of services or compensation guaranteed
to AECOM’s personnel. This is not an exclusive contract. This contract was
solicited pursuant to the requirements of the Equal Business Opportunity
Ordinance. The Affirmative Procurement Initiatives established for this contract
on June 15, 2022 by the Goal Setting Committee are a 20% Small Business
Enterprise (SBE) participation and a Minority/Women Business Enterprise (M/WBE)
evaluation preference for African American and Women owned firms. AECOM
committed to an SBE participation of 35%. The actual S/M/WBE participation will
be identified on each CSA and will be tracked cumulatively over all CSAs issued
under the contract. SBE participation on CSA No. 1 is 35%. AECOM is a local
business. Funding for this contract is from various funds. (Capital Improvements)
Countywide (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to authorize: the County Administrator or designee which in this
case shall be the Director of Facilities Development and Operations to execute
an amendment to the Construction Manager (CM) at Risk Services contract with
The Weitz Company, LLC (R2022-1446) for the Government Center 12th Floor
Flooring project in an amount not to exceed of $365,000 for a period of 120
calendar days from notice to proceed. SUMMARY: On December 6, 2022, the
Board of County Commissioners (Board) approved the CM at Risk Services contract
with The Weitz Company, LLC to provide construction management services for the
Governmental Center Renewal and Replacement (R/R) project. The Government
Center 12th floor flooring in the Commissioners’ area is in need of
replacement. This amendment will authorize The Weitz Company, LLC to proceed
with construction management services including bidding, procuring, shipping
and installation of the new flooring and flooring accessories for the
Government Center 12th Floor Flooring project. Authority to execute the amendment
is being requested, so that the amendment can be executed prior to the next
Board meeting, to expedite the process so that the procurement and installation
of the new flooring and flooring accessories can be completed while minimizing
interference with daily operations. The amendment to be signed will be
substantially similar to the form included as Attachment 2 to this agenda item.
The County Attorney’s approval of the amendment will be secured prior to the amendment
being executed under this delegation of authority. The amendment will be
submitted as a receive and file item after it is executed. The amendment will
be subject to the requirements of the Equal Business Opportunity Ordinance,
including requesting that an Affirmative Procurement Initiative be set prior to
bidding the subcontracts. The Weitz Company, LLC is not a certified
Small/Minority/Women-Owned (S/M/WBE) Business Enterprise. The Weitz Company,
LLC partnered with All-Site Construction Inc., an S/MBE Business Enterprise
firm for services in the amount not less than 15% of its preconstruction and
construction phase fees. The Weitz Company, LLC is a local business. (Capital
Improvements Division) District 7 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to receive and file: zero-dollar value Change Order No. 2
documenting a decrease (in the amount of $391,202.37) to the contingency fund of
Amendment No. 3 (R2021-0345) for the construction management (CM) contract with
Kast Construction Company LLC (R2020-0249.1) for the Palm Beach Sheriff’s
Office (PBSO) Headquarters Renovation project. SUMMARY: On March 10,
2020, the Board of County Commissioners (Board) approved Amendment No. 1
(R2020-0249) to the contract with Kast Construction Company LLC in the amount
of $10,830,487 authorizing exterior hardening services; however, this amendment
was terminated for convenience shortly thereafter. On July 7, 2020, the Board
approved Amendment No. 2 (R2020-0776) to the contract with Kast Construction
Company LLC in the amount of $585,772.55 authorizing communication and low
voltage services. On March 9, 2021, the Board approved Amendment No. 3 (R2021-0345)
to the contract with Kast Construction Company LLC in the amount of $33,653,792
establishing a Guaranteed Maximum Price (GMP) for interior and exterior
renovations for the PBSO Headquarters Renovation project. Change Order No. 2 to
Amendment No. 3 (Change Order No. 2) authorizes the construction changes
relating to the interior and exterior work for the PBSO Headquarters Renovation
project. Change Order No. 2 is being submitted to the Board via a receive and
file item for transparency and for informational purposes. The CM contract with
Kast Construction Company LLC was awarded pursuant to the Small Business
Enterprise (SBE) ordinance; however, the GMP was subject to the requirements of
the Equal Business Opportunity ordinance since it was established after January
1, 2019. On September 20, 2020, prior to subcontractor advertisement and
bidding, the Goal Setting Committee applied an Affirmative Procurement
Initiative to the construction subcontracts of 25% SBE participation, of which
5% must be a Minority Business Enterprise (MBE) African American or Hispanic
American. The SBE participation for this change order is 34.27%. To date, the
cumulative SBE participation on this contract is 17.04% with 7.53% MBE
participation. Kast Construction Company LLC is not an SBE certified company,
but has partnered with All-Site Construction, Inc., an S/MBE certified company.
Kast Construction Company LLC is a Palm Beach County business. The funding
source for this project is the Infrastructure Sales Tax (IST) Fund. (Capital
Improvements Division) District 3 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to:
A)
approve a budget amendment of $45,000 within the General Fund to the Morikami
Museum operating budget; and
B)
accept a Quit-Claim Deed
from Sally Ann Snyder, Rheta Bernice Culver a/k/a Bonnie Culver, and Nicole
Annette Sorensen f/k/a Nicole Annette Campbell (Grantors) conveying their
reversionary rights, title and interest in a portion of Morikami Park, being
approximately 88 acres, in exchange for the County’s payment of $45,000.
SUMMARY: Morikami Park (Park) is located on Jog Road
in western Delray Beach between Linton Boulevard and Clint Moore Road and
consists of approximately 188 acres. The County wishes to construct a Ryokan,
or Japanese style Inn (Inn), in a portion of the Park via a competitively
procured public private partnership. In the early 1970s, through several
separate conveyances, George Morikami donated approximately 129 acres of the
Park land to Palm Beach County. Pursuant
to the quit claim deed from Mr. Morikami to the County for that portion of the
Park property where the Inn is expected to be constructed, the property may be
used for public park purposes and if it ceases to be used for said purposes,
title shall revert back to Mr. Morikami. Subsequently, Mr. Morikami conveyed
his reversionary rights to husband and wife Ross S. Snyder and Virginia A.
Snyder, both of whom have since passed away. The Grantors are the current
beneficiaries of the reversionary rights as heirs of the Snyder estate and have
agreed to release said rights to the County in the form of a quit claim deed in
exchange for a payment of $45,000.
Morikami, Inc., a not-for-profit charitable organization dedicated to
the support of the Museum located within the Park, has agreed to pay the
$45,000 for the conveyance of the reversionary rights. The County’s closing costs (title insurance,
doc stamps and recording fees) are estimated to be approximately $900. (Property
& Real Estate Management) District 5 (HJF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to receive and file: documents executed in connection with a
loan made to KWA Properties LLC, under the Housing and Urban Development (HUD) Section 108
Loan Program as follows:
A) Palm Beach County
Section 108 Promissory Note 2022 for $470,000;
B) Palm Beach County
Section 108 Loan Agreement for $470,000;
C) Palm Beach County
Section 108 Loan Program Agreement for $470,000;
D) Palm Beach County
Mortgage Agreement for $470,000;
E) Palm Beach County
Section 108 Collateral Security Agreement for $470,000;
F) Palm Beach County
Section 108 Guaranty Agreement for $470,000;
G) Palm Beach County
Section 108 Environmental Indemnity Agreement;
H) Palm Beach County
Section 108 Further Assurances and Errors and Omissions Statement;
I) Borrower’s Certificate
for KWA Properties LLC;
J) Corporate Guarantor’s
Certificate for Hamburger Haven Inc.;
K) State of Florida
Uniform Commercial Code Financing Statement for Hamburger Haven Inc.; and
L) Intercreditor
Agreement.
SUMMARY: In accordance with County
PPM CW-0-051, all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. The documents
have been executed on behalf of the Board of County Commissioners (BCC) by the
County Administrator or designee in accordance with Resolution R2009-0725, and
are now being submitted to the Board to receive and file. This Section 108 loan
in the amount of $470,000 is for KWA Properties LLC, the real estate holding
company for Hamburger Haven, Inc., a restaurant founded in 1941 by the Allen
family. The Section 108 loan funds will be used for renovation of its existing
building and facilities located at 1018-1022 N. Tamarind Avenue, West Palm
Beach, FL 33401. The total cost of the
project is $1,884,500. The County’s Section 108 loan funds will be matched
dollar for dollar by the City of West Palm Beach Community Redevelopment Agency
for the revitalization of the area. The
project will create 14 new full time equivalent jobs over five years. District 7 (HF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
2. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the total
amount of $160,941 to SP Grove LLC;
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget
transfer of $146,925 in Impact Fee Assistance Program – Roads Zone 4 to
appropriate funds for SP Grove LLC; and
D) approve a budget transfer of $14,016 in Impact Fee
Assistance Program – Public Building to appropriate funds for SP Grove LLC.
SUMMARY: On October
8, 2022, the Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $1,353,370 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2022 funding cycle. SP Grove LLC submitted an application for
$287,881.40 in response to the NOFA.
Staff recommends the remaining available funding of $160,941 be provided as a credit for impact fees
associated with the construction of 92 rental units located at 5321 Maine
Street, in unincorporated Lake Worth Beach (the Project). SP Grove LLC will be
given credits for Roads Zone 4 Impact Fees ($146,925) and Public Building
Impact Fees ($14,016) for the construction of the Project. SP Grove LLC will
pay impact fees above the allocated $160,941. The Certificate of Award and
related documents will be issued to the entity identified herein and its
successors and/or assigns. According to IFAHAP requirements, the units will be
rented to persons with income at or below 140% of Area Median Income. The assisted units will be restricted to
remain affordable for 30 years. These
funds are from interest earned by the Impact Fee Fund. District 3
(HJF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to receive and file: Amendment 001 to agreement with the Town of Lantana, dated October 1, 2022 (R2022-1212), under
Fiscal Year 2022-2023 for the Community Development Block Grant (CDBG)
program. SUMMARY: The original
Agreement provided $55,740 in funding to enhance the available Dog amenities
within Maddock Park, located at 1200 W. Drew
Street, in the Town of Lantana. Amendment
001 extends the original Agreement performance requirement date to award
construction contract from December 31, 2022 to March 31, 2023. The time extension is needed to complete the
design and bidding processes and allow the Town adequate time to award a construction
contract within the project budget. 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 18, 2022. 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)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
4. Staff recommends
motion to:
SUMMARY: The 2021 Bonds were issued on January 12, 2021 to finance a project
consisting of: (i) the construction, installation and equipping of a new
medical and detox facility to be located at 4675 W. Linton Boulevard, Delray
Beach, Florida; (ii) the acquisition and renovation of Fairways on the
Green, a residential housing facility used for extended care treatment services
to individuals suffering from chemical dependency, sexual trauma and gambling
addiction located at 2045 Lowson Boulevard, Delray Beach, Florida; and
(iii) the payment of the costs of issuance of the 2021 Bonds. The proposed amendments will (a) modify
the terms of the Series B of 2021 Bond to, among other things, convert the
interest calculation from a London Interbank Offer Rate based index to a Term
Secure Overnight Financial Rate based index for the Series B of 2021 Bond; and
(b) make corresponding amendments to the Loan Agreement and make certain
other necessary amendments to the terms and conditions of the Loan Agreement. Neither
the taxing power nor the faith and credit of the County nor any County funds,
shall be pledged to pay the principal, premium, if any, or interest on the 2021
Bonds. Districts 4
& 7 (HF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
5. Staff recommends
motion to receive and file: the following
documents:
A) a Grant Agreement/Funding Approval with the
U.S. Department of Housing and Urban Development (HUD) in the amount of
$6,492,406 for the Fiscal Year 2022-2023 Community Development Block Grant
Program (CDBG);
B) a Grant Agreement/Funding Approval with HUD
in the amount of $2,703,963 for the Fiscal Year 2022-2023 HOME Investment
Partnerships Program (HOME);
C) a Grant Agreement/Funding Approval with HUD
in the amount of $577,734 for the Fiscal Year 2022-2023 Emergency Solutions
Grant Program (ESG);
D) a budget amendment in the amount of
$373,238 in the Housing and Economic Development Fund; and
E) a budget amendment in the amount of
$284,738 in the Home Investment Partnership Act Fund.
SUMMARY: The
documents were executed on behalf of the Board of County Commissioners (BCC) by
the Director of the Department of Housing and Economic Development in
accordance with Resolution R2022-0746, approved by the BCC on July 12, 2022,
that delegated authority to the County Administrator or designee. The grant agreements/funding approvals
constitute the contracts between HUD and the County for the receipt of Federal
funds and are now being submitted to the BCC to receive and file. The CDBG
Program works to provide decent affordable housing, community facilities and
services, and economic opportunities for low and moderate income persons.
Activities include Public Services, Economic Development, Municipalities, and
County Capital Projects. The HOME Program leverages resources to provide
affordable housing to lower-income families through direct assistance to
homeowners and homebuyers, and loans and grants to housing developers. The ESG
Program provides housing and supportive services to the homeless and those at
risk of homelessness through the local Continuum of Care system. In accordance
with County PPM CW-O-051, all delegated contracts, agreements and grants must
be submitted by the initiating Department as a receive and file agenda item. The
ESG required local match ($577,734) will be provided by Adopt-A-Family of the
Palm Beaches, Young Women’s Christian Association, Salvation Army, Aid to
Victims of Domestic Abuse, Inc., the Department of Community Services, and HED. 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)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
6. Staff recommends
motion to execute: a
“Certification By State or Local Official of Public Housing Authority Plans
Consistency with the Consolidated Plan or State Consolidated Plan” for the
Pahokee Housing Authority (PHA) in connection with its Annual Plan for Fiscal
Year 2023. SUMMARY: The PHA has prepared its Annual Plan for Fiscal Year
2023 for submission to the Department of Housing and Urban Development
(HUD). HUD requires the County to confirm
that the plans and programs outlined in the Annual Plan are consistent with the
goals and objectives set forth in the County’s Consolidated Plan. Consistency with the Consolidated Plan is
documented through a “Certification by State or Local Official of Public
Housing Authority Plans Consistency with the Consolidated Plan or State
Consolidated Plan.” The Department of
Housing and Economic Development (HED) has reviewed the PHA Annual Plan Summary
and determined that the goals, objectives, and activities outlined therein are
consistent with the Palm Beach County Consolidated Plan for Fiscal Years
2020-2024. Some specific goals outlined in the PHA’s Plan which are consistent
with the goals set forth in the County’s Consolidated Plan are: expand the
supply of affordable housing; improve the quality of assisted housing; increase
assisted housing choices; provide an improved living environment; promote
self-sufficiency and development of individuals and families; and ensure equal
opportunity and affirmatively further fair housing. District 6 (HJF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve:
A)
Amendment No. 1 to the
Consulting/Professional Services Capital Improvement Plan Program Management
(Contract) with Stantec Consulting Services Inc., (Stantec) providing for the
renewal of the contract for one year; and
B) Consultant Services Authorization (CSA) No.
4 to the Consulting/Professional Services Capital Improvement Plan Program
Management (Contract) with Stantec for Program Management and Implementation
Services (Project) for a not to exceed amount of $4,719,455.40.
SUMMARY: On February 11, 2020, the Board of County Commissioners approved the Palm Beach County Water Utilities
Department (PBCWUD) Contract (R2020-0161) with Stantec. CSA No. 4 provides for
the resources needed to support the implementation of Capital Improvement Plan
projects for one year. The Consultant
will provide services throughout the project life cycle of water, wastewater
and reclaimed water treatment and transmission projects in the areas of
delivery, controls, permitting, communications, and asset management. This
Contract was procured under the requirements of the Equal Business Opportunity
Ordinance. On March 20, 2019, the Goal Setting Committee applied an Affirmative
Procurement Initiative (API) of a mandatory 20% Small Business Enterprise (SBE)
subcontracting goal and an evaluation preference for up to 15 points based upon
the relative level of dollar participation by certified African American owned
firms. Stantec has met the established API. The Contract provides for 25% SBE
participation which includes 25% M/WBE participation, 22% MBE (B), and 3% WBE.
CSA No. 4 includes 34.62% SBE participation, which includes 34.62% M/WBE,
30.97% MBE (B) and 3.65% WBE. The cumulative SBE participation including CSA
No. 4 is 35.31% SBE, which includes 35.31% M/WBE participation, 31.91% MBE (B)
and 3.40% WBE. Stantec is a New York registered U.S. company whose parent
company is domiciled in Canada. Most members of Stantec’s project team will be
co-located with PCWUD staff at the Central Region Operations Center from which
the majority of the work under CSA No. 4 will be undertaken. Article 2
of the Contract provides for a term of three years with two one-year renewal
options. Amendment No. 1 to the Contract provides for the first of the optional
renewals that will provide continuity and the continued effective and efficient
implementation of the PBCWUD program implementation process. The renewal will
authorize Stantec to continue the program implementation process from February
11, 2023 to February 10, 2024. The
Project is included in the PBCWUD FY23 budget. (PBCWUD Project No.
20-010 CSA No. 4 and PBCWUD Project No. 19-028 Contract) Countywide
(MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 3 to the
Consulting/Professional Services Pressure Pipeline Engineering Services (Contract) with Mock Roos & Associates,
Inc. (Consultant) for Engineering Services During Construction for Lake Worth
Road Force Main Rehabilitation - East (Project) for a not to exceed amount of
$175,242. SUMMARY: On April 20, 2021, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2021-0505)
with Consultant. CSA No. 3 provides for professional engineering services
during construction for the force main improvement along Lake Worth Road,
between Raulerson Drive and Congress Avenue including, but not limited to,
construction management services, field observations, and project
administration. This Contract was procured under the requirements of the Equal
Business Opportunity Ordinance. On July 1, 2020, the Goal Setting Committee
applied an Affirmative Procurement Initiative of a mandatory 20% Small Business
Enterprise (SBE) subcontracting goal and an evaluation preference for up to 15
points based upon the relative level of dollar participation by certified
African American owned firms. The Contract provides for 34% SBE participation,
which includes 34% MBE participation, 34% MBE (B). CSA No. 3 includes 27.39%
SBE participation, which includes 27.39% MBE, 27.39% MBE (B). The cumulative
SBE participation, including CSA No. 3, is 32.28%, which includes 32.28% MBE,
32.28% MBE (B). Consultant is a Palm
Beach County based company. The Project is included in the PBCWUD FY23 budget.
(PBCWUD Project No. 20-076) District 3 (MWJ)
3. Staff recommends
motion to approve: Partial
Release of Utility Easement for that easement recorded in the Official Records
of Palm Beach County, ORB 21587 Page 0001. SUMMARY: Palm Beach County
Water Utilities Department (PBCWUD) is seeking the release of the County’s
interest in the utility easement recorded in the Official Records of Palm Beach
County as noted above and located at 2850 Ranch House Road, West Palm Beach.
The Property Owner requested release of the portions of the identified easement
that are no longer associated with any public potable water, reclaimed water
and wastewater facilities. As a result of site development for Ranch House Road
Industrial, these portions of the existing identified utility easement are no
longer required. PBCWUD has determined that these portions of the easement are
no longer required. PBCWUD has
determined that the release of the easement will not affect existing or new
public potable water, reclaimed water and wastewater facilities and therefore
recommends approval of the release. (PBCWUD Project No. 22-516) District 3
(MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: Amendment No. 1 to the contract for Consulting/Professional
Services – South County Reclaimed Water Transmission Pipeline – Phase I
(Contract) with Chen Moore and Associates, Inc., (Consultant) to extend the
term of the Contract for an additional year. SUMMARY: On March 13, 2018, the
Board of County Commissioners (BCC) approved the Palm Beach County Water
Utilities Department (PBCWUD) Contract (R2018-0295) with Consultant to provide
engineering services during design, permitting, bidding and construction phase
services for the South County Reclaimed Water Transmission Pipeline – Phase I
(Project). The total term of the Contract was for five years. The Project
provides for the first phase in the design of the infrastructure necessary to
deliver reclaimed water from Broward County’s northern wastewater treatment
plant to the PBCWUD service area and focuses on the east and west portions of
the transmission infrastructure required to deliver reclaimed water to
potential customers. The Project contains approximately nine miles of this
transmission pipeline and has been designed in sub-phases to provide for
multiple competitively bid construction sub-projects. The Project
has experienced delays due to bid protests and rebidding efforts for Phase I A
construction. Phase I B is nearing the end of design and requires bidding and
construction phase services from the Consultant. Amendment No. 1 will extend
the term of the Contract for one year to allow for continuity of service with
the Consultant for these services. Staff is recommending this extension in
accordance with Section 2-54(b) of the County Purchasing Code, which allows
extensions to competitively bid contracts beyond the specified term or renewal
period when the Board determines that such an extension of the term or renewal
period is beneficial to the interest, health, safety or welfare of the County. This Contract was procured under the
requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064)
prior to the adoption of the new Equal Business Opportunity Ordinance on
October 16, 2018. The SBE goal established under the 2002 Ordinance was 15%
overall participation. The Contract provides for 82.5% SBE participation.
Amendment No. 1 includes an overall SBE participation of 0%. The cumulative SBE
participation including Amendment No. 1 is 84.57%. Consultant is headquartered
in Fort Lauderdale, Florida, but maintains an office in Palm Beach County from
which the majority of the work will be undertaken. The Project is included in
the PBCWUD FY23 budget. (PBCWUD Project No. 17-035) District 5 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to:
A) approve the acceptance of Standard
Grant Agreement 22FRP71 with the State of Florida Department of Environmental
Protection (FDEP) in the amount of $7,707,222.30 for the Western Region Wastewater
Treatment Facility (WRWWTF) Operations Building Replacement
(WRWWTF
Project);
B) approve
acceptance of Standard Grant Agreement 22FRP75 with the FDEP in
the amount of $250,000 for the Wastewater Lift Station 0637 (LS
0637) Hardening Improvements (LS 0637 Project).
Both agreements are effective as of the date of execution by the Board
of County Commissioners and ends September 30, 2026;
C) authorize the County Administrator or designee to execute standard grant agreements, amendments, and all other documents necessary for the implementation of the grant award; and
D) approve a $7,957,223 budget amendment in the Water Utilities Department Capital Improvement Fund to establish budget for the grants.
SUMMARY: The FDEP has allotted $404 million in the Resilient Florida Grant Program for fiscal year
2021-2022 funding to effectively address the impacts of flooding and sea level
rise that the State faces through projects that analyze and plan for
vulnerabilities and implementation projects for adaptation and mitigation. The WRWWTF Project consists of replacing
the existing building with a state-of-the-art building to provide a safer more
dependable environment and prevent potential for critical system failure.
LS 0637 Project includes elevating the critical components,
such as access hatches, power supply, and instrumentation system to improve
reliability of operation during projected periods of groundwater inundation,
storm surge and rainfall induced flooding. The failure of this facility during
these projected periods will result in an environmental disaster caused by
wastewater overflows and exposure within its service area. Awards were distributed on a
competitive basis, which targeted projects that have undergone a comprehensive
vulnerability assessment of potential impacts from flooding. The Projects are
included in the PBCWUD FY23 budget. (PBCWUD Project Nos. 22-012 WRWWTF and
21-021 LS 0637) The $7,945,590.00 22FRP71 grant requires a $238,367.70 (30%)
match and the $500,000 22FRP75 grant requires a $250,000 (50%) match, which
will be funded from a one-time expenditure from Water Utilities user fees,
connection fees and balance brought forward. Districts 3 & 6 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
6. Staff recommends motion
to approve:
A) a
contract for Lift Station 5133 (LS
5133) Conversion to Repump (Project) with TLC Diversified, Inc. (TLC) in the
amount of $4,438,000; and
B)
Consultant Services Authorization (CSA) No. 5 to the Consulting/Professional
Engineering Services for Master Lift Station and Repump Improvements (MLS
Contract) with AECOM Technical Services, Inc., (AECOM) for Engineering Services
During Construction for Project for a
not to exceed amount of $320,421.50.
SUMMARY: On September 7, 2022, the
Palm Beach County Water Utilities Department (PBCWUD) received three bids for
the Project. The Project provides for all materials, labor, supervision,
equipment, supplies, fees, expertise, and services necessary to convert LS 5133
to an inline booster pump station. The work includes mechanical, electrical,
and civil work including new pumps, piping, valves, variable frequency drives,
lighting, instrumentation, control panel, closed circuit television, electrical
building, overhead hoist, overhead cover, demolition of existing pump station,
temporary bypass pumping, appurtenances, and all work indicated in the drawings
and technical specifications. This Project was procured under the requirements
of the Equal Business Opportunity (EBO) Ordinance. On March 2, 2022, the Goal
Setting Committee (GSC) approved an Affirmative Procurement Initiative (API) of
a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting
participation goal of which 5% shall be among certified African American and/or
Hispanic American owned firms. TLC was determined to be the lowest responsive
and responsible bidder in the amount of $4,438,000. TLC has met the established
API for this Project. The Contract with
TLC provides for 21.23% SBE participation,
which includes 6.05% MBE (B). TLC
is headquartered in Palmetto, Florida, but maintains an office in Palm
Beach County from which the majority of the work will be undertaken. On April
20, 2021, the Board of County Commissioners approved the PBCWUD MLS Contract
(R2021-0508) with AECOM. Under CSA No.
5, AECOM will provide engineering services during construction of the
Project. The Contract with AECOM was procured under the requirements of the EBO
Ordinance. On July 1, 2020, the GSC applied an API of a minimum mandatory 20%
SBE subcontracting goal and an evaluation preference for up to 15 points based
upon the relative level of dollar participation by certified SBE firms. The MLS Contract provides for 31% SBE
participation, which includes 19% MBE participation, 17% MBE (B), and 2% MBE
(A). CSA No. 5 includes 9.45% SBE participation, which includes 0% MBE
participation, 0.00% MBE (B), and 0% MBE (A). The cumulative SBE participation
including CSA No. 5 is 21.66% SBE, which includes 13.38% MBE participation,
13.38% MBE (B), and 0% MBE (A). While Consultant is headquartered in Los
Angeles, California, they maintain an office in Palm Beach County from which
the majority of the work under this CSA will be performed. The Project is
included in the PBCWUD FY23 budget. (PBCWUD Project No. 21-020) District 2 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
7. Staff recommends
motion to approve:
A)
Work Order (WO) No. 1 to
the contract for Engineering and Construction Services for Optimization and
Improvements Design-Build (Contract) with Globaltech, Inc., (Design-Build
Entity) for the Water Treatment Plant (WTP) No. 3 Raw 42-inch Water Line
Replacement (Project) for a Guaranteed Maximum Price in the amount of
$4,050,826, which has a start date of December 20, 2022 to allow Design-Build
Entity to be compensated for emergency work at WTP No. 3; and
B) a $2,188,000 budget transfer in the Water
Utilities Department Capital Improvement Fund
to establish budget for the entire project.
SUMMARY: On January 24, 2023, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract with
Design-Build Entity, which had a start date of December 20, 2022. WO No. 1 provides for the design, hydraulic
analysis and installation of a 36-inch temporary raw water bypass line and the
replacement of a 42-inch Epoxy Lined Ductile Iron Pipe from the Venturi meter
vault to the acid dilution point at WTP No. 3. This Contract was procured under
the requirements of the Equal Business Opportunity Ordinance. On October 6, 2021, the Goal Setting
Committee approved an Affirmative Procurement Initiative of a minimum mandatory
20% Small Business Enterprise (SBE) subcontracting goal and an evaluation
preference for up to ten points for M/WBE and up to five points for mentoring
based upon the relative level of dollar participation. The Contract provides
for 24% SBE Participation which includes 12% MBE participation, 5.5% MBE (B),
2.5% MBE (H), and 4% MBE (A). WO No. 1 includes 9.29% overall
participation which includes 6.32% MBE participation, 6.32% MBE (B), 0% MBE
(A), and 0% MBE (H). The Cumulative SBE
participation, including WO No. 1, is 9.29% which includes 6.32% MBE participation,
6.32% MBE (B), 0% MBE (A), and 0% MBE (H). Design-Build Entity is a Palm Beach
County based company. The Project is included in the PBCWUD FY23 budget. (PBCWUD Project No. 23-017) District
5 (MWJ)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) receive and file Florida Inland Navigation District (FIND) Project
Agreement No. PB- 22-220 (Agreement) executed December 20, 2022, by FIND, for
$365,000 for the Providencia Cay Habitat Restoration Project within the City of
West Palm Beach, expiring September 30, 2024; and
B) approve a budget amendment in the Manatee Fund for $365,000
to recognize the revenue from the FIND Agreement No. PB-22-220.
SUMMARY: On May 3, 2022, the Board of County Commissioners authorized the County
Administrator or designee to execute the FIND Waterways Assistance Program
Project Agreement (R2022-0440) for $365,000. The agreement provides that
each party shall be liable for its own actions, but does not contain language
indicating that each party shall indemnify, defend and hold harmless the other
party against any actions, claims or damages arising out of the other party’s
negligence. This FIND grant covers approximately 50% of the estimated
project costs. The remaining funds of $365,000 will come from the Manatee
Protection Fund. District 7 (SF)
2. Staff recommends
motion to receive and file: the Annual Certified Budget for Mosquito
Control (Form 13617) with the Florida Department of Agriculture and Consumer
Services (FDACS) for Mosquito Control activities performed during the fiscal
year period beginning October 1, 2022 through September 30, 2023. SUMMARY: On July 12, 2022, the Board of County
Commissioners approved the County Administrator or designee to sign the Annual
Certified Budget for Arthropod Control and State Financial Assistance Recipient
Agreement (R2022-0711). The agreement normally provides arthropod control state
aid to support mosquito control activities and it is based on the Annual
Certified Budget submitted to the agency each September. However, no state aid
has been awarded this year, and therefore there is no agreement. Although no agreement was required this year,
on January 24, 2023, the County approved a Memorandum of Understanding with
FDACS under which monthly reports are still required and due to FDACS to remain
eligible for state funding in future years. In accordance with County PPM
CW-O-051, all delegated contracts/ agreements/grants must be submitted by the
initiating department as a receive and file agenda item. Countywide (SF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to receive and file: Amendment No. 2 to the State of Florida, Florida Department of
Environmental Protection (FDEP) Agreement No. 19PB3 (Agreement), for the Ocean
Ridge Shore Protection Project (Project), extending the Agreement termination
from December 15, 2022 to December 15, 2023. SUMMARY: On August 14,
2018, the Board of County Commissioners approved the Agreement (R2018-1213)
providing FDEP cost-share for design and permitting associated with ongoing
project maintenance, and authorized the County Administrator or designee to
sign all future time extensions and minor amendments associated with the
Agreement. Amendment No. 1 (R2021-0915) extended the termination date by two
years. Amendment No. 2 extends the Agreement one additional year. The United
States Army Corps of Engineers completed a 2020 Flood Control and Coastal
Emergencies (FCCE) nourishment to repair storm damage associated with Hurricanes
Irma and Dorian. Due to the timing of
the 100% federally funded FCCE project, the FDEP funding provided by the
Agreement was not used during the original term. In accordance with County PPM
CW-O-051, all delegated contracts/agreement/grants must be submitted by the
initiating Department as a receive and file agenda item. There is no cost to the County. District 4 (SF)
4. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. APTIM-01 to contract approved on January 10,
2023 with Aptim Environmental & Infrastructure, LLC (APTIM) in an amount
not to exceed $217,838.91 providing for sea turtle monitoring services during
the 2023 sea turtle nesting season. SUMMARY:
The Board of County Commissioners approved the contract with APTIM, a Palm
Beach County company, on January 10, 2023. CSA No. APTIM-01 authorizes APTIM to
manage permit-required sea turtle monitoring activities in association with the
South Lake Worth Inlet Sand Transfer Plant Reconstruction Project, the Ocean
Ridge Shore Protection Project, and the Singer Island Dune Restoration Project.
The CSA is funded by the Beach Improvement Fund and is eligible for cost
sharing from the Florida Department of Environmental Protection. The contract
requires APTIM to adhere to 20% mandatory Small Business Enterprise (SBE)
subcontracting goal as the Affirmative Procurement Initiative. APTIM committed
to an overall 22% SBE participation in the contract. SBE participation for this
CSA is 96.6%. The cost to the County is $217,838.91.
Districts 1 & 4 (YBH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to approve: Work
Order No. IAC-02 to the Palm Beach County Inshore Annual Construction Contract
(Federalized), Project No. 2021ERM02 with Arbor Tree & Land Inc. (ATL) at a
cost not to exceed $1,660,222 for a term of 150 days. SUMMARY: On July 13, 2021, the Board of County Commissioners
approved the Contract (R2021-0918) with ATL.
Work Order No. IAC-02 will authorize the construction of Tarpon Cove
Restoration Project Phase III creating seagrass and oyster habitat, and the
installation of warning signs. The State and Federal agreements prohibit local
geographical preferences in construction procurements involving federal funds,
so the County’s Office of Equal Business Opportunity Program, Local Preference,
Glades Local Preference, Glades Resident Incentive, and Apprentice Incentive
could not be included in this competitive solicitation. Project costs are
shared by 18% Federal funds within Florida Fish and Wildlife Commission Agreement
No. 20306 (R2021-0821), 41% State funds through the Florida Department of
Environmental Protection Agreement No. LP50202 (R2017-0082), and 41% County
funds from the Manatee Protection Fund. The cost to the County is
$684,724.56. District 2 (YBH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6. Staff recommends
motion to:
A) approve an agreement with the Palm Beach County
Fishing Foundation, Inc. (PBCFF) wherein PBCFF will provide donated artificial
reef material to the County in exchange for the County agreeing to place the
material within permitted artificial reef sites at a cost to the County not to
exceed $300,000;
B) adopt a resolution authorizing the Clerk of the
Board to disburse $300,000 from the Vessel Registration Fee Trust Fund to
provide the necessary funding for the placement of artificial reef material;
C) approve a budget transfer of $300,000 from the
reserves in the Environmental Enhancement Non-Specific Fund to the Palm Beach
County Fishing Foundation Reef Project; and
D) authorize the County Administrator or
designee to sign all future time extensions, task assignments, certifications,
and other forms associated with this Agreement, and any necessary minor
amendments that do not substantially change the scope of work, terms or
conditions of the agreement.
SUMMARY: On
December 3, 2019, the Board of County Commissioners approved an agreement, R2022-1848, with the PBCFF for
the donation of reef material in exchange for the County providing trucking,
barge transport, and installation costs for an amount not to exceed $300,000.
That agreement expired on December 31, 2022. The new agreement with the PBCFF continues that arrangement for the next
three years. The County will cover the cost to load, transport, and place
material donated by the PBCFF at one or more permitted Palm Beach County
artificial reef sites, with funding of $300,000 from the Vessel Registration
Fee Trust Fund. The agreement will begin upon execution and end on February 7,
2026. The agreement contains an
indemnification provision that differs from that adopted for use by the County
under PPM CW-F-049. In accordance with PPM CW-F-049, the Risk Management
Department and the County Attorney’s Office have reviewed the terms and agreed
to the deviations, taking into consideration the nature of the agreement, and
the non-waiver of sovereign immunity beyond the statutory caps of Section 768.28,
Florida Statutes. Countywide (SF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
7. Staff recommends
motion to approve: one
new appointment to complete the term of
the Management of Natural Areas (Mr. Steve Coughlin) seat on the Natural Areas
Management Advisory Committee (NAMAC).
Seat No. 1 is for a term of 0.6 years (7 months) beginning February 7,
2023 through September 30, 2023.
Seat No. Appointment Seat
Requirement Term Ending Nominated By
1 Michael Cheek Experience in
the 09/30/23 Mayor Weiss
Management
of Comm. Marino
Natural
Areas
SUMMARY: Resolution No. R2013-1328 provides for a
seven-member NAMAC. Membership consists
of one member with experience in the management of natural areas, one
biological scientist, one professional educator with knowledge of South Florida
ecosystems, one representative of a local municipal government parks and
recreation program, one member of the Palm Beach County Parks and Recreation
Department staff, and two citizens having an interest in preservation and
conservation of natural areas. With the
appointment of Mr. Michael Cheek (who will replace Mr. Steve Coughlin when he
retires), all seven seats will be filled with diversity count of Caucasian: 6
(86%) and African American: 1 (14%). The gender ratio (female/male) is
4:3. The Seat No. 1 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 (SF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
8. Staff recommends
motion to:
A) approve a contract for Consulting/Professional
Services with Loggerhead Marinelife Center, Inc. (LMC) for an amount not to
exceed $1,427,465.51, providing for a three-year period of sea turtle
monitoring services for the North County Comprehensive Shoreline Protection
Project (NCCSPP), beginning upon execution of this Contract and expiring
December 31, 2025; and
B) authorize the County Administrator or designee to sign
all future time extensions, task assignments, certifications and other forms
associated with the contract, and any necessary minor amendments that do not
substantially change the scope of work, terms or conditions of the contract.
SUMMARY: Environmental permits issued by state and
federal agencies for the NCCSPP require pre-construction and post-construction
monitoring services and a report of marine turtle nesting activity for the
project area. These conditions could be required through 2025 for this project.
LMC, a private non-profit corporation, will conduct all permit-required
monitoring for these projects under this contract. The contract is funded by
tourist development taxes and is eligible for cost sharing from the Florida
Department of Environmental Protection. District
1 (SF)
9. Staff recommends
motion to receive and file: Amendment No. 2 to the State of Florida, Florida Department of
Environmental Protection (FDEP) Agreement No. 19PB1 (Agreement), for the
Jupiter/Carlin Shore Protection Project (Project), extending the Agreement
termination from December 30, 2022 to December 30, 2023. SUMMARY: On
October 8, 2019, the Board of County Commissioners approved the Agreement
(R2019-1541) providing FDEP cost-share for nourishment construction and first
year post construction monitoring, and authorized the County Administrator or
designee to sign all future time extensions and minor amendments associated
with the Agreement. Amendment No. 1 (R2021-0915) extended the termination date
by 21 months. Amendment No. 2 extends the agreement one additional year. The
United States Army Corps of Engineers completed a 2020 Flood Control and
Coastal Emergencies (FCCE) nourishment to repair storm damage associated with
Hurricanes Irma and Dorian. Due to the
timing of the 100% federally funded FCCE Project, the FDEP funding provided by
the agreement was not used during the original term. In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating department as a
receive and file agenda item. There
is no cost to the County. District 7 (SF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
10. Staff recommends
motion to:
A) ratify Singer Island Emergency Dune Restoration
Contract No. 2023ERM02 (Contract) with Eastman Aggregate Enterprises,
LLC (Contractor) in the amount of $2,137,500.64 to provide dune restoration
services for the Singer Island Dune Restoration Project (Project), for a term beginning January 20, 2023
and expiring 90 calendar days from the Notice to Proceed; and
B) approve
a budget transfer of $2,137,501 from the Beach Improvement Fund Reserves to the
Singer Island Dune Restoration Project.
SUMMARY: The Contract provides for emergency dune restoration within the Project
area, which suffered extensive erosional damage in November 2022 due to waves
generated by Hurricane Nicole. Restoration of the dune was most recently
completed in February 2022, but the area was eroded to pre-restoration
conditions by the Hurricane. Because of this, and the fact that dune and beach
construction is not authorized during marine turtle nesting season (March 1
through October 31), it became necessary to complete an immediate restoration
of the Project on an emergency basis. The Federal Emergency Management Agency
(FEMA) provides funding assistance where declared emergencies affect shore
protection projects. In order to qualify for potential FEMA funding, the County
inquired about dune construction rates from other local governments with
existing competitively bid contracts including federal requirements; the Town
of Jupiter Island (Town) has an existing contract for these services where the
Contractor is the low bidder and willing to accept additional work at existing
rates. Pursuant to Sections 2-53 (f) and 2-54 (f)(4) of the Palm Beach County
Purchasing Code, and based on these emergency circumstances where approval by
the Board of County Commissioners could not be obtained in a timely manner, the
Environmental Resources Management Department Director executed the
Contract on January 20, 2023. The
Contract allowed an immediate start to emergency restoration work. District
1 (YBH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the following two executed Entertainment Contractor
Agreements:
A) Frank LoVerso in an amount not to exceed
$600 for the Whitestone concert at Canyon Amphitheater, on November 19, 2022;
and
B) Chase Stites in an amount not to exceed
$500 for the Chase Stites concert at Canyon Amphitheater, on December 17,
2022.
SUMMARY: The Parks
and Recreation Department produces cultural activities to promote the quality
of life in the communities it serves. A
sponsorship in the amount of $1,100 from Nostalgic America offset the expenses
of these two concerts at the Canyon
Amphitheater. These Entertainment
Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (BCC) by
the Director of the Parks and
Recreation Department in accordance with Resolution 2008-1109, amended by
Resolutions 2010‑0644, 2014-0168 and 2017-1367. The
Department is now submitting these agreements in accordance with County
PPM CW‑O‑051, which requires all delegated agreements to be
submitted by the initiating Department to the BCC as a receive and file agenda
item. District 5 (AH)
2. Staff recommends
motion to receive and file: the following two executed Amphitheater
Rental Agreements:
A) The Leukemia & Lymphoma Society,
Inc., for the Light the Night Walk at Sunset Cove Amphitheater, on November 5,
2022; and
B) Alzheimer’s Disease and Related
Disorders Association, Inc., for the Walk to End Alzheimer’s at Sunset Cove
Amphitheater, for the period of November 11, 2022 through November 13, 2022.
SUMMARY: These Amphitheater Rental Agreements have been fully executed on behalf
of the Board of County Commissioners (BCC) by the Director of the Parks and
Recreation Department in accordance with Resolution 2009-0335, amended by
Resolutions 2009-1807, 2012-1715, and 2014-0166. The Department is now
submitting these agreements in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating Department
to the BCC as a receive and file agenda item. District 5 (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: an executed Amphitheater Rental Agreement
with AEG Presents SE, LLC for the Trinity of Terror Concert at Sunset Cove Amphitheater,
for the period November 27, 2022 through November 28, 2022. SUMMARY: This Amphitheater Rental Agreement has been fully executed on behalf of
the Board of County Commissioners (BCC) by the Director of the Parks and
Recreation Department in accordance with Resolution 2011-1960. The Department is now submitting this agreement
in accordance with County PPM CW-O-051, which requires all delegated agreements
to be submitted by the initiating Department to the BCC as a receive and file
agenda item. District 5 (AH)
4. Staff recommends
motion to receive and file: the following two executed Sound and Light Production Service
Contractor Agreements:
A) Sanderford Sound, Inc. in an amount not
to exceed $700 for Trinity of Terror concert at Sunset Cove Amphitheater, on
November 27, 2022 through November 28, 2022; and
B) Sanderford Sound, Inc. in an amount not
to exceed $2,800 for Cyclops Cove concert at Sunset Cove Amphitheater, on
December 8, 2022 through December 12, 2022.
SUMMARY: These Sound and Light Production Service
Contractor Agreements have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director
of the Parks and Recreation Department in accordance with Resolution 2009-0592,
amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and
2018-0179. The Department is now submitting these agreements
in accordance with County PPM CW-O-051, which requires all delegated agreements
to be submitted by the initiating Department to the BCC as a receive and file
agenda item. District 5 (AH)
5. Staff recommends
motion to receive and file: an executed Sponsorship Agreement with Nostalgic America, Inc.,
for a cash sponsorship in the amount of $6,000 for a series of nine Legends of
the Lawn events at Canyon Amphitheater, for the period January 1, 2023 through
December 31, 2023. SUMMARY: This Sponsorship Agreement has been fully executed on behalf of the
Board of County Commissioners (BCC) by the Director of the Parks and Recreation
Department in accordance with Resolution 2008-0442, amended by Resolution
2017-0102. Sponsorship events help offer a balanced schedule of events, which
promote the quality of life in the communities we serve. The Department is now
submitting this agreement in accordance with County PPM CW-O-051, which
requires all delegated agreements to be submitted by the initiating Department
to the BCC as a receive and file agenda item. District 5 (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to:
A) execute an Interlocal Grant Agreement between Palm Beach County and Solid Waste
Authority of Palm Beach County for $60,000 towards the demolition and removal
of the Caloosa Park, Boynton Beach, Racquetball Courts for the period February
7, 2023 through December 31, 2023;
B) approve a budget
amendment of $60,000 within the Park Improvement Fund to establish budget for
the approved grant project; and
C) authorize the Director of the Parks and Recreation
Department to serve as the County’s Contract Representative with the authority
to execute time extensions, task assignments, certifications, standard forms,
and amendments to the agreement that do not substantially change the scope of
work.
SUMMARY: On September 8, 2022, the Parks and
Recreation Department submitted a Solid Waste Authority 2023 Blighted and
Distressed Property Cleanup and Beautification Grant application. The
application requested $60,000 in funding to cover the cost of demolition of the
Caloosa Park racquetball courts. The three-wall racquetball courts were
constructed in 1982 and are 41 years old. The courts have been repeatedly patched
over the years and are nearing a state of disrepair. The County plans on
demolishing the existing courts and constructing new courts in their place. Grant
funding has been awarded and the Interlocal Grant Agreement is being presented
to the Board of County Commissioners for approval. The grant does not require a County match. Reconstruction of the
racquetball courts following demolition is funded through the Infrastructure
Surtax Project Plan. The agreement term is from February 7, 2023 through
December 31, 2023. District 4 (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
7. Staff recommends
motion to:
A) execute the Florida Department of Environmental
Protection – Loxahatchee River Preservation Initiative Grant in the amount of
$125,000 for a culvert replacement project in Loxahatchee River Battlefield
Park for the period February 7, 2023 through December 30, 2025;
B) authorize the County Administrator or designee to execute
task assignments, certifications, standard
forms, or amendments to the agreement that do not substantially change the
scope of work or terms and conditions of the agreement;
C) authorize
the Director of the
Parks and Recreation Department to serve as
the Project Designee and Project Liaison; and
D) approve a budget amendment of $125,000 within
the Park Improvement Fund to establish budget for the approved grant.
SUMMARY: The County applied
for and was awarded a $125,000 Loxahatchee River Preservation Initiative Grant
(Agreement Number LPA0356 – CFDA Number 37.039) to replace four failing
culverts at Loxahatchee River Battlefield Park.
The project includes replacing four existing five-foot culverts, which
are failing and installing two new culverts that will be large enough to allow
canoe and kayak passage, thereby opening up additional areas within the Park
for recreation. The grant does not require a County match. The agreement term is from February 7, 2023
through December 30, 2025. District 1 (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to approve:
a subscription agreement for the Library Department and Grey House Publishing,
Inc. for a one year term beginning on upon approval, with renewal options not
to exceed five years, in the amount of $8,995 each year. SUMMARY: The Library Department requests a new one year term with four
additional one-year renewal options to purchase a subscription with Grey House
Publishing, for use by the public. This agreement would provide residents with
access to Weiss Financial Ratings Series Online, which
provides reviews and rankings to highlight the best and most financially stable
organizations. Residents get immediate access to the Weiss' Independent and
Unbiased Ratings for, Life & Annuity
Insurers, Property & Casualty
Insurers, HMOs & Health Insurers, Banks, Credit Unions, Stocks, Exchange-Traded
Funds, Stock Mutual Funds, and Bond & Money Market Mutual Funds.
This service will, over time, replace the print editions currently found in
branches. The vendor requires the County enter into a license agreement that
contains liability provisions different from the County’s standard
requirements. The Department has
requested Risk Management and County Attorney’s Office approval of the
non-standard liability provision. Due to
business needs and after advising the Department accordingly, approval has been
granted by Risk Management and the County Attorney’s Office to move the agreement
forward for Board of County Commissioner approval. Grey House Publishing’s limitation of liability is limited to the total
amount of fees received by Grey
House Publishing from the County, and is not liable
for any indirect, incidental, consequential, punitive or special damages
related to the use of the product, even if advised of the possibility of
damages. Countywide (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
N. LIBRARY (Cont’d)
2. Staff recommends
motion to approve: the write-off of
uncollectible lost/damaged library materials charges from library card accounts
found in the Library Department’s Integrated Library System (ILS) database for all lost/damaged charges dated from October
1, 2016 to September 30, 2017 for a total of $178,855.15. SUMMARY: Library card account holders
are required to return library items in the condition they were borrowed with
the expectation of minimal wear and tear. Account holders who fail to return
library items by their due date are charged the full replacement amount as
specified in the item record and their account is blocked from further
borrowing if charges stand at $25 or higher. Returning the item in good
condition will remove associated charges. Account holders who return items in a
damaged condition are charged the full replacement amount as specified in the
item record and their account is blocked from further borrowing if charges
stand at $25 or higher. Borrowing privileges are restored if the account has
fewer than $25 in charges. The Library Department contracts with a collection
agency to collect unpaid bills. The agency makes several attempts to contact
the borrower. Unpaid charges referred to collections do not effect a borrower’s
credit. The ILS contains all information on borrowers and items in the
collection. The Library Department was given permission on February 1, 2022 by
the BCC to write-off all uncollectible lost/damaged materials charges dated
prior to October 1, 2016. Based on an ILS report, the system contains 10,300
lost/damaged bills dated from October 1, 2016 to September 30, 2017 spread
across 3,670 user accounts. Obsolete item records cannot be removed when still
attached to a borrower’s record, which leads to database management concerns
such as slower response times and increased storage charges. Borrower records
are considered expired and removed from the ILS if the account is dormant for
seven years. Library card accounts with lost/damaged charges that would
normally have expired cannot be removed from the database. Retaining this
information increases the amount of storage required for the ILS, which leads
to database management concerns. Countywide (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to receive and file: a
first amendment to Grant Agreement (R2021-1576) between Palm Beach County
(County) and the Legal Aid Society of Palm Beach County (Legal Aid) to extend
the agreement from October 18, 2022 through October 18, 2023 and to increase
the contract amount by $75,000 for a not to exceed amount of $150,000. SUMMARY: The first amendment to the Grant Agreement
with Legal Aid extends the funding period to support the continuation of the
Community ID Card Program. On October
19, 2021, the Palm Beach County Board of County Commissioners delegated
signature authority to the County Administrator or designee to execute
amendments related to said Grant Agreement. 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. Countywide (HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends
motion to:
A) receive and file grant award #15PBJA-22-GG-02127-JAGX
from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice
Assistance Formula Federal FY22 Direct
Grant in the amount of $131,548
beginning October 1, 2021 through September 30, 2025 to fund the Palm Beach
County Reentry Program;
B) approve a downward budget amendment of $9,187 in
the Criminal Justice Grant Fund to adjust the budget to the actual grant award
and reduce funding to the Justice Services Grant Fund and the Palm Beach County
Sheriff’s Office upon removal of a special condition regarding funding of National Incident-Based Reporting System;
C) approve a budget amendment of $4,965 in the
Justice Services Grant Fund to reduce the transfer from the Criminal Justice
Grant Fund and reduce the appropriation budget; and
D) approve a budget amendment of $4,222 in the
Sheriff’s Grants Fund.
SUMMARY:
On September 22, 2022, the Criminal Justice Commission (CJC) was notified by
the DOJ that the Edward Byrne Memorial Justice Assistance Grant (JAG) Program –
Local Solicitation, previously approved by the Board on October 18, 2022
(R2022-1221), was awarded. 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, 2021 through September 30, 2025. The CJC approved allocating these funds to
the existing Palm Beach County Reentry Program implemented by the City of
Riviera Beach. This award will provide $131,548 in continuation funding to the
Reentry Program that provides transitional services to adults reentering
society from jail and prison. Approximately 808 individuals have been served by
the County’s Reentry Program in County Fiscal Year 2022. This includes youth
and adults, as well as pre and post-release.
This award was executed on behalf of the Board by the Executive Director
of the CJC, in accordance with R2022-1221.
No local match is required for
this grant. Countywide (HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
3. Staff recommends
motion to:
A) ratify the Mayor’s signature on a Certificate of Participation for an Annual Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Formula Grant (JAG);
B) ratify the Mayor’s signature on a 51% letter required by Chapter 11D-9, Florida Administrative Code, that requires each unit of government in each county to reach a consensus concerning the expenditure of JAG funds allocated to the jurisdiction;
C) ratify the Mayor’s signature on four applications to the Federal Fiscal Year 2021 (County Fiscal Year 2022) FDLE JAG Program in the amount of $304,703 beginning October 1, 2021 through September 30, 2023 as provided below:
1. Palm Beach County Reentry Program (Gulfstream Goodwill Industries, Inc.) for $24,107;
2. Palm Beach County Reentry Program (City of Riviera Beach) for $161,164;
3. Palm Beach County Reentry Program (The Lord’s Place) for $56,451; and
4. Florida Atlantic University for $62,981.
D) 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: In August of 2022, the Criminal Justice Commission (CJC) learned that Palm Beach County was allocated $304,703 in Edward Byrne Memorial JAG funds as part of the FDLE JAG Countywide program (FDLE funding is consistently allocated after the County executes subrecipient contracts). The CJC approved allocating these funds to the existing Palm Beach County Reentry Program in the amount of $241,722, and to Florida Atlantic University to evaluate the Delray Beach Police Department’s Community Outreach Program in the amount of $62,981. The Countywide Reentry Program provides transitional services for adults and juveniles released from jail and prison to Palm Beach County. Approximately 808 individuals have been served in County Fiscal Year 2022. The evaluation of the Delray Beach Police Department’s Community Outreach Program is intended to measure the program’s impact, effectiveness, and scalability for Countywide implementation in an attempt to improve the quality of life for all residents by assisting those individuals that are dealing with homelessness and have complex behavioral health challenges. No County match is required. Countywide (HH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
4. Staff recommends
motion to receive and file: a first amendment to the Interlocal
Agreement with the Florida Atlantic University Board of Trustees (FAU)
(R2022-0618) to perform research and evaluation of the Delray Beach Police
Department’s Community Outreach Program increasing the agreement amount by
$115,456 for a not to exceed amount of $265,045 and extending the period
through September 30, 2025 SUMMARY: Palm Beach County’s research
partner, FAU, will conduct an evaluation of the Delray Beach Police
Department’s Community Outreach Program.
The Program aims to connect and provide alternative diversion services
to those who are dealing with mental illness, experiencing homelessness, or battling
addiction in the City of Delray Beach. The program involves building
relationships and partnering with non-profit organizations to provide services
to individuals, sharing information with community patrol and community
response officers, and working closely with neighboring jurisdictions. It is
expected that such efforts will reduce calls for service and interactions with
law enforcement. In support of these objectives, FAU will conduct a series of
analyses to evaluate this program. All work will be completed in consultation
with the Criminal Justice Commission. Increase is planned to be funded through
the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice
Assistance Formula Grant (JAG) Program in the amount of $62,981 from the
federal fiscal year 2021 allocation and $52,475 from the federal fiscal year
2022 allocation. However, FDLE funds
have not been awarded. In the event,
FDLE does not approve the grant application, the increase will be funded from
the Crime Prevention Trust Fund. On June
14, 2022, the Palm Beach County Board of County Commissioners delegated
signature authority to the County Administrator or designee to execute
amendments related to said Interlocal Agreement. 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. Countywide
(HH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: an Emergency Services Agreement for Mutual
Assistance and Automatic Aid with the Sheriff of Broward County (Sheriff), for
a period of ten years commencing on February 7, 2023 through February 6, 2033. SUMMARY:
The agreement provides for emergency mutual assistance and automatic aid
to each party for fire suppression, emergency medical services, hazardous
material response, marine rescue and/or water-related rescue, and technical
rescue during extraordinary emergency events. The agreement further authorizes
the parties Fire Chiefs to enter into Letter(s) of Understanding to develop
automatic aid/closest unit response plans and procedures. The agreement may be
terminated by either party, upon 30 days prior notice to the other party. Countywide (SB)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to receive and file: a fully executed standard agreement
for swimming lessons from December 15, 2022 through September 30, 2023 with
Swim with Gills, LLC, a Limited Liability Company. SUMMARY:
On May 3, 2022, the Board of County Commissioners adopted Resolution
Number R2022-0450 authorizing the County Administrator or designee to execute
standard agreements with municipalities and independent contractors to provide
swimming lessons to members of the public through the Palm Beach County
Drowning Prevention Coalition’s Learn to Swim Program. The County Administrator
has designated the Fire Rescue Administrator to execute these standard
agreements. Pursuant to Countywide PPM CW-O-051 this standard agreement is
being submitted to receive and file. Countywide (RM)
3. Staff recommends
motion to receive and file: three Public Emergency Medical
Transportation (PEMT) Letters of Agreement (LOA) with the State of Florida,
Agency for Health Care Administration (AHCA) relating to intergovernmental
transfers to the State for the supplemental payment program for Medicaid
managed care patients for the following State Fiscal Years (SFY):2020-2021,
2021-2022; and 2022-2023. SUMMARY: In the fall of 2019, AHCA established the
Florida Medicaid Managed Care Supplemental Payment Program (MCO program), which
allows qualifying government-owned ambulance providers to receive supplemental
payments for emergency transports of Medicaid managed care patients. In order
to guarantee Federal share funding, intergovernmental transfers from PEMT
providers are required to cover the State’s share of the MCO program. The
County received a net revenue in SFY 2020-2021 of $1,102,391 and $1,635,002.62
in SFY 2021-2022. The IGT for SFY 2022-2023 is $1,676,213.44, and the County is
expected to receive $2,675,547.42 in supplemental payments, for an estimated
net revenue of $999,333.98. The County Administrator has designated the Fire
Rescue Administrator to execute these LOAs. Pursuant to Countywide PPM CW-O-051,
these three LOAs are being submitted to receive and file. Countywide (SB)
4. Staff recommends
motion to approve: a
budget transfer of $1,695,881 within the Fire/Rescue MSTU (Fund 1300) to
establish funding for the Knox box conversion project. SUMMARY: This
purchase will allow Palm Beach County Fire Rescue (PBCFR) to upgrade the
existing access boxes system for the entire PBCFR service area. This will add
key secure to the apparatus and replace current cylinder cores which will
provide enhanced security features and tracking, which translates into better
safety for the residents of Palm Beach County, a critical component of PBCFR’s
mission. Countywide (SB)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
5. Staff recommends
motion to approve: an agreement Relating to Clinical Field Experience
with Barry University, Inc. (Barry) for a period of five years commencing on
February 11, 2023, through February 10, 2028. SUMMARY:
This agreement will allow Palm Beach County Fire Rescue to provide
clinical field experience to students enrolled in Barry’s paramedic and
emergency medical technician programs. Barry participants will respond with
County paramedics to observe and assist in delivering emergency medical care
under actual emergency conditions. The clinical field experience promotes
public health, safety and welfare, and enhances the available pool of qualified
personnel. The agreement is for a period of five years and can be terminated by
either party at any time, with or without cause, with written notification to
the other party. Countywide (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind Interlocal Agreement R2018-2037;
B) approve the replacement Interlocal Agreement providing updated contract terms for network and colocation services with the Health Care
District of Palm Beach County;
C) approve a budget amendment of $24,575 in the General Fund to allocate funds and
recognize revenue related to one-time installation costs; and
D) 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: The Health Care District of Palm Beach County has an
existing Interlocal Agreement with Palm Beach County (R2018-2037) for network
and colocation services, and has requested the termination of network services
at five sites, the addition of 4 new network transport services and the removal
of two server racks from colocation services. Staff recommends rescinding the
existing agreement and replacing it with a new agreement, including updated
contract terms, for a period of one year with four automatic one-year renewals
unless notice is given by either party.
Below is a table outlining the network and colocation services provided
by site and the annual revenue to the County. The Florida LambdaRail, LLC has
approved connection of the Health Care District of
Palm Beach County to the Florida LambdaRail network. Countywide (DB)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
1. (Cont’d)
|
Location |
Annual Network |
Annual Colocation |
|
Trauma
Hawk |
$2,400 |
|
|
EJ
Healey Center |
$1,800 |
|
|
West
Palm Beach Health Center |
$600 |
|
|
Delray
Beach Health Center |
$600 |
|
|
Lantana
Lake Worth Health Center |
$600 |
|
|
Lakeside
Medical Center |
$6,000 |
|
|
West
Palm Beach Clinic |
$600 |
|
|
Lake
Worth Clinic |
$600 |
|
|
Jupiter
Clinic |
$600 |
|
|
Main
Office - Flagler |
$1,800 |
|
|
JFK
Medical Center – North Campus |
$1,800 |
|
|
Mangonia
Park |
$1,800 |
|
|
Broward
Memorial - Pembroke Pines |
$17,010 |
|
|
Broward
Memorial - Hollywood |
$17,010 |
|
|
Cross
Connect to Northwest Regional Data Center (NWRDC) |
$300 |
|
|
West
Boca site |
$1,800 |
|
|
Colocation
Equipment Racks |
|
$52,920 |
|
Colocation
Equipment Rack Power |
|
$18,000 |
|
Colocation
Cross-Connect |
|
$3,000 |
|
Subtotal |
$55,320 |
$73,920 |
|
Total Annual Revenue |
$129,240 |
|
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) approve the End User License Agreement with ESi
Acquisition, Inc. (ESi) to provide services and support for WebEOC®
Software for the period February 7, 2023 through February 6, 2028, with no
financial obligation; and
B) authorize
the County Administrator or designee to execute future agreements with ESi
to provide services and support for WebEOC® Software.
SUMMARY: This
agreement will allow the County’s Public Safety Department, Division of
Emergency Management access to WebEOC®, a Crisis Information
Management Software that supports the management of crisis information and the
corresponding response. This agreement also includes support services for
WebEOC® application, administrators and users. ESi, d/b/a Juvare
Exchange, is the manufacturer of the WebEOC® product suite and the
only company capable of installing, implementing, issuing corrections or
updates, and providing maintenance to WebEOC® and WebFusion™.
Currently Palm Beach County has no outstanding financial obligations to ESi.
Fees and payments are resolved with third party purchaser UASI – City of Miami
Fire Rescue-Division of Emergency Management. However, should Palm Beach County
seek enhancements outside of the agreement with the City of Miami there may be
a cost. ESi requires the County enter
into an End User License Agreement that contains liability provisions different
from the County’s standard requirements. DEM has requested Risk Management
and County Attorney’s Office approval of the non-standard liability provisions.
Due to business needs and after advising DEM accordingly, approval has been
granted by Risk Management and the County Attorney’s Office to move the End
User Agreement forward for Board of County Commissioner approval. The limitation of liability is limited to
$300,000. The cap of liability does not apply to ESi’s infringement
indemnification obligation. Countywide (AH)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to:
A) receive and file Victim of Crime Act (VOCA) FY2022/2023
grant agreement Palm Beach BOCC-902 with the State of Florida, Department of
Legal Affairs, Office of the Attorney General for the period October 1, 2022
through September 30, 2023, to receive grant funding in the amount of $531,829
to provide victim advocacy services; and
B) approve downward budget amendment of $73,807 in the Public Safety
Grants Fund to adjust the budget to reflect the actual grant award.
SUMMARY: The VOCA FY2022/2023 grant (CFDA 16.575)
agreement is an annual grant that provides funding to the Public Safety
Department’s Division of Victim Services (DVS) to assist victims of crime in
Palm Beach County. Six full-time Victim Advocate positions (pay grade 29) are
funded through this grant. The Victim Advocates provide victims with advocacy
services such as crisis counseling, personal advocacy, court accompaniment,
assistance with applying for victim’s compensation, information and referral,
emergency legal advocacy, and safety planning. The grant also includes $25,940
in operating expenses, and $28,121 in contractual therapy services. If VOCA grant funding ceases, the positions
will be deleted from the DVS complement. R2006-0099 authorized the County
Administrator or designee to execute operational agreements with the State of
Florida, Office of the Attorney General, Bureau of Advocacy and Grant
Management on behalf of the Palm Beach County Board of County
Commissioners. In accordance with the
Victims of Crime Act (VOCA) Fix Act, the Chief of Staff signed a blanket match
waiver for all 2022-2023 VOCA sub grantees, therefore; no County match is required. Countywide (RS)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
CC. INTERNAL AUDIT
1. Staff recommends
motion to receive and file:
A) Audit report reviewed by the Audit
Committee at its December 14, 2022 meeting as follows:
1. 2023-01
Facilities Development and Operations – Electronic Services and Security
– Card Access Systems (2021-05)
2. 2023-02
Facilities Development and Operations – Electronic Services and Security
– Manual Key Systems (2021-05)
B) Audit Recommendation Follow-up Status
Report as of November 15, 2022.
SUMMARY: The County Code requires the County Internal Auditor to submit
copies of final audit reports to the Board of County Commissioners and the
Internal Audit Committee. The County Code also requires the County Internal
Auditor to issue semi-annual audit recommendation status reports to the Board
of County Commissioners and the Internal Audit Committee. At its meeting on
December 14, 2022 the Internal Audit Committee reviewed the attached audit
report and the semi-annual audit recommendation status report. We are submitting these reports to the
Board of County Commissioners as required by the County Code. Countywide
(HF)
FEBRUARY 7, 2023
3. CONSENT
AGENDA APPROVAL
DD. TOURIST
DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: two fully executed
Palm Beach County FY2023, Category “G” Grant Agreements managed by the Palm
Beach County Sports Commission, Inc. (Sports Commission), on behalf of the Palm
Beach County Tourist Development Council (TDC) with:
A) Men’s Senior
Baseball League, Inc., for the promotion of the Men’s Senior Baseball League
Fall Classic, held from November 6 - 19, 2022, for the term May 6, 2022 –
February 19, 2023. This grantee was approved by the TDC on June 9, 2022, in the
amount of $52,000; and
B) Pinnacle Sports 3V3
Live, LLC, for the promotion of the 3V3 Live National Championships, held from
November 26 – 27, 2022, for the term July 26, 2022 – February 27, 2023. This grantee was approved by the TDC on
October 10, 2019, in the amount of $16,000.
SUMMARY: In accordance with County PPM CW-O-051,
all delegated contracts/ agreements/grants must be submitted by the initiating
Department as a receive and file agenda item. On June 7, 1994, the Board of
County Commissioners adopted Resolution R94-702, as amended, authorizing the
County Administrator and/or the Executive Director of the TDC to enter into
grant agreements with Category G (Sports) grantees after they have been
approved by the TDC. Room nights generated for Men’s Senior Baseball League,
Inc./Men’s Senior Baseball League Fall Classic were 6,480, and room nights
generated for Pinnacle Sports 3V3 Live, LLC/3V3 Live National Championships
were 1,500. Districts 1 & 7 (YBH)
EE. COMMISSION ON ETHICS
1. Staff recommends motion to approve: a Memorandum of Understanding
(MOU) with the Delray Beach Downtown Development Authority and Palm Beach
County to engage the services of the Palm
Beach County Commission on Ethics retroactive and in effect from October 1,
2022 through September 30, 2026. SUMMARY: The Delray Beach
Downtown Development Authority (Delray Beach DDA) agreed to subject itself to
the jurisdiction and authority of the Commission on Ethics and its Executive
Director. This MOU identifies the roles and responsibilities of the Commission
on Ethics and the Delray Beach DDA in implementing the Palm Beach County Code
of Ethics, and establishes a schedule of fees to be paid by the Agency to the
County in exchange for services. As
required by the Commission on Ethics Ordinance, all fees paid under this
agreement must be used to fund Commission on Ethics operations. The MOU is subject to final approval of the
Board of County Commissioners. Districts 4 & 7 (DB)
* * * * * * * * * * * *
FEBRUARY 7, 2023
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Certificate
of Recognition presented to Consul General Kazuhiro Nakai for his support of
the Morikami Museum and Japanese Gardens (District 5)
B) Proclamation
declaring February 11-17, 2023 as 211 Awareness Week in Palm Beach County
(District 2)
C) Proclamation
declaring March 4, 2023 Safety 4 Life Ambassador Day in Palm Beach County
(District 5)
D) Proclamation
declaring March 2023 as Transit Equity Month in Palm Beach County (District 2)
E) Certificate
of Commendation presented to Lisa Lynch (District 4)
F) Certificate
of Recognition presented to The Genesis Media Group and the Blackluxe Picnic
Festival Weekend (District 7)
G) Proclamation
declaring February 27 – March 3, 2023 as Palm Beach County and America Saves
Week in Palm Beach County (District 3)
H) Proclamation
declaring March 4, 2023 as The Links Inc. West Palm Chapter First Black Family
Wellness Expo in Palm Beach County (District 7)
I) Proclamation
recognizing the 90th Anniversary of Palm Beach State College
(District 3)
J) Proclamation
declaring March 5-11, 2023 as the 25th Annual Women in Construction
Week in Palm Beach County (District 1)
K) Proclamation
honoring Dr. Alina Alonso (District 2)
L) Proclamation
declaring February 7, 2023 as National Black HIV/AIDS Awareness Day in Palm
Beach County (District 1)
* * * * * * * * * * * *
FEBRUARY 7, 2023
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
NONE
* * * * * * * * * * * *
FEBRUARY 7, 2023
A. AIRPORTS
1. Staff recommends
motion to approve:
A) Amendment No. 9 to 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 $8,422,400 and 459 calendar days for Work Order MC 16: Terminal Roof Improvements at the Palm Beach International Airport (PBI); and
B) a budget transfer in the amount of $2,500,000 in the Airport’s Improvement and Development Fund to provide budget for the project; including a transfer from Reserves in the amount of $2,500,000. This project is partially funded under the current year’s budget.
SUMMARY: The Contract with MGI for CM at Risk Services for Airport
Improvements for the Department was approved by the Board on January 15, 2019
(R2019-0042). The Contract is for two
years with three one-year renewal options and is a task/work order based
contract for CM at Risk services. The MGI, is a Danbury, Connecticut, based
firm; however, the work will be directly managed by their southeast regional
office in Palm Beach County. The Contract value to date is $15,342,143.99. Approval of Amendment No. 9 in the amount of
$8,422,400 and 459 calendar days will enable MGI to complete Work Order MC 16:
Terminal Roof Improvements at PBI to address water intrusion into the PBI
terminal. This project includes
replacement of the existing terminal roof membrane and portions of existing
concrete composite roof deck with a new roof system; replacement of the
expansion joint between terminal and short-term parking garage; and
modifications to the existing mechanical and electrical equipment impacted by
the roof replacement, including replacement of the existing light poles with
wall mounted fixtures. A request for reimbursement of the majority of
the local revenue funds budgeted for this project will be included in a future
Passenger Facility Charge application. A Disadvantaged Business Enterprise
(DBE) goal of 12% was established for this Contract. DBE participation for this Work Order is
12.18%. DBE participation for this
Contract to date is 25%. 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)
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve:
A) Amendment No.
10 to the General Consulting Agreement with AECOM Technical Services, Inc.
(AECOM) for Consulting/Professional Services in the amount of $1,153,626.28 for
the continued performance of professional planning and design services related
to the approved Palm Beach County Airports Capital Improvement Program; and
B) a budget transfer
in the amount of $1,153,627 in the Airport’s Improvement and Development Fund
to provide budget for the project; including a transfer from Reserves in the
amount of $1,153,627.
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. Amendment No. 9 was
approved by the Board on October 18, 2022 (R2022-1243) increasing the amount of
the contract by $976,819.
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
2. (Cont’d) SUMMARY: Approval of Amendment
No. 10 will provide an additional $1,153,626.28 to complete the following tasks: Task I Services – PBI Part 139 Grading Design/CM
(Construction Management)/CA (Construction Administration)/RPR (Resident
Project Representative); PBI Pavement Repairs CA/RPR Services; LNA West Apron
Reconstruction (CA/CM/RPR); PBI Garage Repairs CM/CA/RPR Services; and Task III
Services – Deliverable(s) as required in accordance with specific Task
Authorizations. Work to be completed under these Task III Services will be
issued in accordance with PPM CW-F-050, by way of a separate proposal or task
authorization. AECOM is a 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 Disadvantaged
Business Enterprise (DBE) goal of 18% was set for this contract. AECOM committed to 18% in its proposal. The
anticipated DBE participation based upon the previous approved tasks is
approximately 23.77%. The DBE participation for this Amendment is 4.02%.
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)
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
3. Staff recommends motion to approve:
A) a contract (Contract) with Ranger
Construction Industries, Inc. (Ranger) in the amount of $3,034,283.40 and 196 calendar
days for the Miscellaneous Pavement Repairs project at Palm Beach International
Airport (PBI); and
B) a budget transfer in the amount of $2,184,284 in the Airport’s
Improvement and Development Fund, including a transfer from Reserves of
$2,184,284.
SUMMARY: This project consists of asphalt
repairs, including crack sealing, mill and overlay patching; concrete repairs,
including crack repair, joint sealant replacement, partial and full depth slab
repairs and pavement markings on the taxiways, runways and aircraft parking
aprons at PBI and was advertised utilizing the
County’s competitive bid process. Only one bid was received for the project by
Ranger. Ranger is located in Palm Beach
County and has been identified as the lowest responsible/responsive bidder in
the amount of $3,034,283.40. An 8% Small
Business Enterprise (SBE) participation goal was established for this project.
Ranger submitted a waiver request to the Palm Beach County Office of
Equal Business Opportunity (OEBO) pursuant to the Equal Business Opportunity
Ordinance due to the lack of available SBE firms to perform the work. OEBO
granted the waiver based on Ranger’s demonstration of good faith efforts to
achieve the SBE goal. Ranger committed to 0.06% SBE
participation. Although not applicable to this solicitation, Ranger has elected
to utilize a Disadvantaged Business Enterprise (DBE) firm to complete
concrete-related repairs, which is estimated to be approximately 2.8%
participation. Although the
project is fully funded by local airport revenue through rates and
charges established annually in accordance with the Signatory Airline Agreement
(R2019-1155), the Department of
Airports also intends to submit an application for use of passenger facility
charges (PFC) for approval by the airlines and Federal Aviation Administration
for eligible project costs under the PFC program. 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 Contract exceeds the threshold amount and must be approved on the regular
agenda. Countywide (AH)
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
4. Staff recommends motion to approve: Amendment No. 1 to the Construction Manager (CM) at Risk Contract (Contract) with Suffolk Construction Company Inc. (Suffolk) for CM at Risk Services in the amount of $12,398,676 and 368 calendar days for Work Order SCC 01 Concourse B Expansion – Package 1 at Palm Beach International Airport (PBI). SUMMARY: The CM at Risk Contract with Suffolk was approved by the Board on June 15, 2021 (R2021-0843) for the Concourse B Expansion project at PBI. Services under this Contract are provided on a task/work order basis and are approved in accordance with PPM CW-F-050. The project will provide for the construction of approximately 56,000 square feet of additional space at the end of Concourse B, including expansion of concession, passenger seating and restroom spaces, improvement of aircraft parking apron, construction of infrastructure to support two additional passenger boarding bridges, extension of existing building systems and an overall refresh of the concourse. To minimize the impacts to passengers, the construction will be completed in two phases. Approval of this amendment in the amount of $12,398,676 and 368 calendar days provides for the construction of the first phase, which includes expansion of restroom facilities and construction of new concession space between Gates B5 and B7. Burger King and Hop and Cask will be closed during the first phase. To ensure sufficient food and beverage options remain available throughout the project, the first phase also includes the construction of temporary restaurant space, which will remain until the end of the second phase of the project when new concession spaces become available. This phase of the project is funded utilizing a combination of grant funding from the Florida Department of Transportation, Passenger Facility Charge funds and local airport revenues; airport revenues are anticipated to be approximately $2,000,000. Suffolk is based in Boston, Massachusetts; however, the work will be directly managed by its regional office in West Palm Beach, FL. An overall Disadvantaged Business Enterprise (DBE) goal of 20% was established for this Contract. Suffolk has teamed with MCO Construction, as its DBE partner, to provide DBE outreach, project management, and construction supervision services in an amount not less than 10% of the Suffolk general conditions fee paid by the County for these services. DBE subcontracting participation for this amendment is 21.1%. The total DBE participation for this Amendment is 17%. 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)
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
5. Staff recommends
motion to approve:
A) a contract (Contract) with Alen Construction Group, Inc. (Alen) in the amount of $2,684,458 and 330 calendar days for Repairs to Short-Term and Long-Term Parking Garages 2 and 3 at Palm Beach International Airport (PBI); and
B) a budget transfer in the amount of $2,684,458 in the Airport’s Improvement and Development Fund to provide budget for the project; including a transfer from Reserves in the amount of $2,684,458.
SUMMARY: This project is for the completion of miscellaneous repairs and maintenance to the Short-Term and Long-Term Parking Garages at PBI, including cleaning and sealing of concrete joints, concrete spall/crack repair and repair of miscellaneous electrical appurtenances. This project also includes cleaning and refinishing the exterior garage surfaces and adding new wayfinding signage. This project was advertised utilizing the County’s competitive bid process. On September 21, 2022, two bids were received for this project. Alen is located in Broward County, Florida, and has been identified as the lowest responsible/responsive bidder in the amount of $2,684,458. This project was presented to the Goal Setting Committee on August 16, 2021, which established a Small Business Enterprise subcontracting goal of 20%. Alen is a licensed general contractor and a certified Minority Business Enterprise (MBE). The Small/Minority/Women-Owned Business Enterprise (S/M/WBE) participation for this project is 91%. 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 Contract exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)
FEBRUARY 7, 2023
6. REGULAR AGENDA
A. AIRPORTS
(Cont’d)
6. Staff recommends
motion to approve:
A) a contract for the Operation and Maintenance of Baggage Handling Systems at the Palm Beach International Airport (PBI) with John Bean Technologies Corporation (JBT) (Contract No. 23-015/MD) (Contract), commencing on February 28, 2023, and expiring on February 27, 2025, for an amount not to exceed $4,417,698.07 during the initial 24-month term, with three one-year options to renew; and
B) a budget transfer in the amount of $295,000 in the Airport’s Improvement and Development Fund to provide budget for the project; including a transfer from Reserves in the amount of $295,000. This project is partially funded under the current year’s budget
SUMMARY: This
Contract provides for the operation, maintenance and repair of all inbound and
outbound automated Checked Baggage Inspection Systems/Checked Baggage
Reconciliation Areas (CBIS/CBRA) and manual sortation Baggage Handling System
(BHS) and their related equipment at PBI. The current Master Agreement
#16-013R/LJ (R2016-1619, as amended) expires on February 27, 2023, with no
renewal options. This Contract has an initial two-year term with three one-year
options to renew at the sole discretion of the County. The total not to exceed
amount for the initial two-year term includes $958,650 to update the controls
that sort, scan, encode, transport and deliver passenger baggage to the
designated airline and $360,000 for any equipment, parts, supplies or services
that may be required for the on-going repair and maintenance of the system.
These components are required to meet specific parameters established by the
Transportation Security Administration (TSA) for passenger baggage inspection
and handling. Airlines utilizing the BHS at PBI pay for the full cost of
the system through rates and charges established annually in accordance with
the Signatory Airline Agreement (R2019-1155). JBT’s principal place of business is Ogden, Utah. This Contract was
established through a competitive solicitation issued by the Purchasing
Department. This Contract was presented to the Goal Setting Committee on July
6, 2022, and a Small Business Enterprise (SBE) Price Preference Affirmative
Procurement Initiative was applied. JBT committed to the highest SBE
participation at 17.60%. 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 Contract exceeds the threshold amount and must be
approved on the regular agenda. Countywide (AH)
FEBRUARY 7, 2023
6. REGULAR AGENDA
B. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: the first amendment to the Palm Beach County’s State
Housing Initiatives Partnership Program Local Housing Assistance Plan (LHAP)
for Fiscal Years 2022-2023, 2023-2024 and 2024-2025. SUMMARY: As a State
required condition of receiving SHIP funds, the County established a local
housing advisory committee on May 16, 2017 through the Affordable Housing
Ordinance (No. 2017-017). On December 7, 2022, the Commission on
Affordable Housing (CAH) adopted its 2022 Affordable Housing Incentives Review
and Recommendations Report (the Report), including 9 recommendations addressing
11 affordable housing incentive areas identified in Section 420.9076(4), Florida
Statutes. The recommendations were developed through a process that included
input from community and industry stakeholders and consultation with the
Department of Housing and Economic Development, the Department of Planning,
Zoning and Building, and the Engineering and Public Works Department. Staff
supports or partially supports all nine of the CAH recommendations, which
relate to expedited approvals, review of fees, infrastructure capacity,
accessory dwelling units, street requirements, a countywide housing plan,
inventory of public lands, development near transportation hubs and flexible
zoning. A summary of the CAH recommendations and staff comments and
recommendations is included as Attachment 1 to this agenda item. The Report is provided as Attachment 2 to
this agenda item. The Board of County Commissioners (BCC) has the sole
authority to approve the LHAP, amendments thereto, and the housing incentives
contained therein. Staff recommends that
the BCC approve the proposed first amendment to the Palm Beach County SHIP
Program LHAP, Attachment 3 to this agenda item, incorporating the nine staff
supported CAH recommendations into the descriptions of affordable housing incentives
which the County implements. The approved first amendment will be sent to the
Florida Housing Finance Corporation by the February 28, 2023 deadline. Countywide (HJF)
FEBRUARY 7, 2023
6. REGULAR AGENDA
B. HOUSING AND ECONOMIC DEVELOPMENT
(Cont’d)
2. Staff recommends
motion to approve: Community
Development Block Grant (CDBG) funding of $512,118 to the Town of Lake Clarke
Shores for the rehabilitation of sanitary sewer improvements in the Maralago
Cay and Seminole Manor neighborhoods in unincorporated Palm Beach County. SUMMARY:
On July 13, 2021 (Agenda Item # 6C-2), the Board of County Commissioners (BCC)
approved CDBG funding for $224,882 to the Town of Lake Clarke Shores (Town) for
the construction of sanitary sewer improvements on Forest Hill Boulevard. That
project did not move forward and funding was reallocated to the rehabilitation
of sanitary sewer improvements in the unincorporated Maralago Cay and Seminole
Manor neighborhoods. The Town received
two bids totaling $981,100 and $1,143,200, and requires additional funds to
award the lowest bid. The Town has requested an additional $512,118 in CDBG
funds. Total CDBG funding will increase
from $224,882 to $737,000. The Town will install cured-in-place sewer pipe
lining, restore service line connections into the existing sewer mains, replace
gravity sewer lines, and rehabilitate lining of selected manholes in Maralago
Cay and Seminole Manor neighborhoods located south of Lantana Road, east and
west of Lawrence Road in unincorporated Palm Beach County. The rehabilitation
will be in the public right-of-way and the Town owns the sanitary sewer
utility. Per CDBG requirements, at least 51% of the residents of the project
service area are of low-and-moderate income. Total construction cost of the
project is estimated to be $981,100, and the Town will fund the balance. These are Federal CDBG funds, which do not
require a local match. Districts 2 & 3 (HJF)
FEBRUARY 7, 2023
6. REGULAR AGENDA
B. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to:
A) approve a budget transfer
in the amount of $287,709 from the American Rescue Plan Act (ARPA) Response
Replacement Fund to provide funding to the Community Land Trust of Palm Beach
County and the Treasure Coast (CLT of PBCTC) for the North “E” Street Cottage
Homes project (North “E” Street), toward the construction of three single
family homes;
B) direct staff to
negotiate the loan agreements; and
C) authorize
the County Administrator or designee to execute the loan agreement, amendments
thereto, and all other documents necessary for project implementation.
SUMMARY: On April
26, 2022, CLT of PBCTC submitted a funding proposal for two separate projects
(Davis Commons and North “E” Street) through Request for Proposals HED.2022.2
(RFP). Due to a technical inconsistency within the RFP relating to the maximum
funding per unit, the RFP was cancelled and re-issued. CLT of PBCTC submitted
only the Davis Commons project as part of the re-issued RFP (HED.2022.3) for
the entire amount available. The Davis Commons project was awarded and
approved by the Board of County Commissioners on September 13, 2022 for the
full $2,000,000 available. The North “E” Street Cottage Homes project in
the City of Lake Worth Beach did not receive any other funding and has not
proceeded. The project is comprised of three affordable single-family homes
built on three adjacent lots located in the heart of the City. The lots
were donated by the Lake Worth Beach CRA for the development of affordable
housing. All units will be three bedrooms, two baths and 1,277 square
feet. The homes will be sold to families with income between 60% - 120% of
Area Median Income. The homes will be sold under the community land trust
model of homeownership thereby ensuring they will remain affordable in
perpetuity. The total project development cost is $847,708.50. In an
effort to support shovel ready projects, we recommend providing the $287,709
requested in the prior CLT of PBCTC RFP application. The funding agreements and
related documents pursuant to these funds will be between the County and CLT of
PBCTC 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 Response Replacement funds that do not require a local match.
District 3 (HJF)
FEBRUARY 7, 2023
6. REGULAR AGENDA
B. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
4. Staff recommends
motion to:
A) approve an Allocation Plan for the $8,768,012 HOME
American Rescue Plan (HOME-ARP) grant award;
B) approve a budget amendment of $8,768,012 to
appropriate funds in the HOME-ARP Fund; and
C) authorize the County Administrator or designee to
execute a HOME-ARP grant agreement with the U.S. Department of Housing and
Urban Development (HUD), Standard Form SF-424 and Certifications, and all other
documents necessary to secure the grant award and implement the HOME-ARP
Program.
SUMMARY: HUD
allocated HOME-ARP funding in the amount of $8,768,012 to Palm Beach County to
respond to the COVID-19 pandemic. The HOME-ARP Program provides for housing and
related services for qualifying populations, including the homeless, those at
risk of homelessness and those experiencing housing instability. No later than March 31, 2023, the County
must submit to HUD a HOME-ARP Allocation Plan that provides data on qualifying
populations and identifies funding strategies. The HOME-ARP Allocation Plan
includes funding strategies that will increase the local inventory of housing
and residential facilities for qualifying populations through: New Construction
of Multifamily Housing $4,000,000; Acquisition and Rehabilitation of Existing
Properties $3,891,211; and Program Administration $876,801. Strategies were
developed in collaboration with the Community Services Department and in
consultation with the Homeless and Housing Alliance, local Public Housing
Authorities and the general public.
Specific projects will be identified through funding solicitations, and
funding awards will be brought back to the Board of County Commissioners for
approval. Attachment 1 to this agenda item is a summary of data and funding
strategies. Attachment 2 to this agenda
item is the HOME-ARP Allocation Plan prepared in the HUD-prescribed template.
HUD requires that all HOME-ARP funds be expended by September 30, 2030. The
proposed budget amendment is necessary to allow for discrete accounting of the
grant funds. To facilitate delivery of grant funds, staff requests delegation
of signatory authority to the County Administrator or designee for the HOME-ARP
grant agreement with HUD, Standard Form SF 424 and Certifications, and all
other documents necessary for grant implementation. These are Federal
HOME-ARP grant funds, which require no local match. Countywide (HJF)
FEBRUARY 7, 2023
6. REGULAR AGENDA
C. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve the second amendment to Deed of Conservation
Easement (Second Amendment) to release 2.73 acres of vacant land (Release Area)
in Loxahatchee Slough Natural Area (Natural Area) from a conservation easement
held by South Florida Water Management District (SFWMD), but preserving SFWMD’s
ingress/egress rights over the Release Area, and contingent upon final County
and SFWMD approval of revised sketch and legal descriptions;
B) accept the donation of approximately 14.12 acres
of high-quality environmentally sensitive lands (Donation Parcel) via a
Statutory Warranty Deed, as referenced and stipulated in the amended Agreement
for Purchase and Sale between GB Ranch, LLC, a Florida limited liability
company, and Florida Power & Light Company (FPL), a Florida corporation,
contingent upon delivery of the original SFWMD-executed Second Amendment as
identified in Motion A above and successful completion of necessary due
diligence items;
C) authorize transfer of the Donation Parcel into the
County’s Conservation Lands Program and permanent preservation of the Donation
Parcel as part of the Natural Area contingent upon conveyance of the Donation
Parcel to the County;
D) authorize conveyance of a permanent, non-exclusive
Utility Easement Agreement (Utility Easement) over five 15-foot-wide strips of
land, totaling approximately 2.8 acres (Easement Area), within the Natural Area
to FPL, contingent upon conveyance of the Donation Parcel to the County and
delivery of the original SFWMD-executed Second Amendment as identified in
Motion A above;
E) approve Memorandum of Understanding between FPL and
the County providing that the Utility Easement will be provided to FPL at the
closing of the Donation Parcel and will be null and void if the sale does not
close; and
F) approve Temporary Construction Easement and Fencing
Agreement (Fencing Agreement) requiring FPL to install permanent fencing within
the portions of the Easement Area and Donation Parcel that are located within
fifteen feet of the right of way for Beeline Highway, subject to receipt of the
Donation Parcel by the County and conveyance of the Utility Easement to FPL.
FEBRUARY 7, 2023
6. REGULAR AGENDA
C. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
1. (Cont’d) SUMMARY: This is the second of two agenda items to
come before the Board of County Commissioners (Board) in compliance with the
County’s Conservation Lands Protection Ordinance (Ordinance No. 2003-052, CLPO). This item formally authorizes the County’s
conveyance of a permanent, non-exclusive Utility Easement to FPL over a
2.8-acre portion of the Natural Area (County-owned Conservation Land), in
exchange for FPL’s donation of approximately five times as much high-quality
environmentally sensitive lands to the County. This item also authorizes
transfer of the Donation Parcel into the County’s Conservation Lands Program
and permanent preservation of the Donation Parcel as part of the Natural
Area. The Board conceptually approved
these actions at a December 20, 2022 public hearing (R2022-1539) after
determining that FPL’s request to acquire the 2.8-acre Utility Easement in
exchange for the donation of the approximate 14.12-acre Donation Parcel met all
of the relevant criteria as specified in the CLPO. The requested Utility
Easement will allow FPL to construct, maintain, and operate a new 230 kV
transmission line between its Ryder Substation, located north of PGA Boulevard
and east of the C-18 Canal, and Cayman Substation, located east of Military
Trail and north of 45th Street. The proposed transmission line will fulfill a
substantial public need by helping FPL maintain regional reliability, avoid
system overload, and meet future load growth in Palm Beach County. It also will
help FPL comply with North American Electric Reliability Corporation planning
standards. There is no acceptable alternative that would meet the specified
public need other than the use of conservation lands. Before the County can
convey the requested Utility Easement to FPL, a 2.73-acre portion of the
Easement Area that lies north of the right of way for Beeline Highway must be
released from a Deed of Conservation Easement that was conveyed by the County
to SFWMD (OR Book 22317, Page 563; Conservation Easement), and amended by the
First Amendment to Deed of Conservation Easement (OR Book 22725, Page 1381). On
December 8, 2022, the SFWMD Governing Board approved the Second Amendment to
initiate the release of the 2.73-acre Release Area from the amended
Conservation Easement, but preserving SFWMD’s ingress/egress rights over the
Release Area. SFWMD approval was contingent upon successful completion of
revised sketch and legal descriptions by FPL and approval of those revised
sketch and legal descriptions by SFWMD and County Survey Divisions. Board
approval and subsequent recording of the Second Amendment will complete the
release and allow the County to convey a Utility Easement to FPL over this
portion of the Easement Area. There are no legal restrictions that prohibit the
conveyance of the Utility Easement over the remaining 0.07-acre portion of the
Easement Area. In accordance with the requirements of the CLPO, FPL must convey
ownership of the Donation Parcel to the County before, or simultaneously with,
the County’s conveyance of the Utility Easement to FPL. Therefore, the second
action approved by the Board as part of this item is the acceptance of the
Donation Parcel that adjoins the Natural Area on two sides.
FEBRUARY 7, 2023
6. REGULAR AGENDA
C. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
1. (Cont’d) SUMMARY: The Donation Parcel will be conveyed directly
from the current owner, GB Ranch, LLC, to the County via a Statutory Warranty
Deed pursuant to a County-approved Purchase and Sale Agreement. The underlying owners of GB Ranch, LLC
include: John C. Bills (35%), Virginia K. Bills (35%), John Clark Bills
(14.85%) and Catherine Warren (14.85%); the J & G Family Corporation owns
0.3 percent of the Donation Parcel. Most
of the Donation Parcel will be conveyed subject to a Perpetual Conservation and
Flowage/Inundation Easement (“Flowage Easement”) in favor of SFWMD, as amended.
This Flowage Easement is compatible with preservation and management of the
Donation Parcel as part of the Natural Area.
The only portion of the Donation Parcel that will not be conveyed
subject to the Flowage Easement is an approximately 15-foot-wide by
815-foot-long strip of land located immediately north of the right of way for
Beeline Highway. This strip of land will
be conveyed to the County subject to a pending FPL utility easement which is a
westerly extension of the Utility Easement that will be placed over the Release
Area. County acceptance of the Donation Parcel is contingent upon successful
completion of all necessary due diligence items. The third action authorized by this item is
the permanent preservation of the Donation Parcel as part of the County’s
Conservation Lands Program once the parcel has been acquired by the
County. The donated lands will be
managed as part of the Natural Area by the County’s Department of Environmental
Resources Management (ERM). The fourth action approved by the Board as part of
this item is the County’s conveyance of the Utility Easement to FPL. This
conveyance is expressly contingent upon conveyance of the Donation Parcel to
the County. The fifth action authorized by this item is a Memorandum of
Understanding between FPL and the County to reflect that the Utility Easement
will be delivered to FPL at the closing of the Donation Parcel and will be null
and void if the closing does not occur. The
final action authorized by this item is the approval of the Fencing Agreement.
As part of its CLPO utility easement application, FPL agreed to install
permanent fencing to protect County-owned natural area lands lying north of
Beeline Highway once construction of the transmission line project is
completed. Pursuant to the Fencing Agreement, FPL must install permanent
fencing that meets ERM standards within the utility easement areas located
within the Release Area and Donation Parcel. The permanent fencing must be
installed within 60 days of completion of the transmission line project, or no
later than 24 months following execution of the Fencing Agreement. Temporary construction fencing must be
maintained north of Beeline Highway until such time as the permanent fencing
has been installed. The Second Amendment and Utility Easement will be recorded
after conveyance of the Donation Parcel to the County. There is no cost
associated with this item; FPL will pay all necessary costs associated with
this item. Acceptance of the Donation Parcel must be approved by a supermajority
vote (5 Commissioners). District
1 (SF)
FEBRUARY 7, 2023
6. REGULAR
AGENDA
D. PARKS & RECREATION
1. Staff recommends
motion to approve:
A) Amendment to the Infrastructure Surtax (IST) Project Plan
approved by the Board of County Commissioners on April 4, 2017, later revised
on January 4, 2022;
B) a budget transfer of $3,000,000
within the IST Fund from Acreage Community Park Recreation Center to Acreage
Community Park Expansion;
and
C)
an Infrastructure
Surtax Funding Agreement (Funding Agreement) between Palm Beach County (County)
and Indian Trail Improvement District (ITID) for the Acreage Community Park
South Expansion Project (Project) in the amount of $3,000,000 from the IST
Fund.
SUMMARY: Acreage Community Park is located at 140th Avenue North in unincorporated
Palm Beach County and is managed and maintained by ITID. This 45-acre park
features athletic fields, multipurpose fields, a track, amphitheater,
playground, picnic facilities, walking paths and restrooms. The park is
adjacent to the County’s 124-acre Acreage Pines Natural Area. ITID currently
leases approximately 28-acres of Acreage Community Park from the County,
hereinafter referred to as Acreage Community Park South. On April 4, 2017, the
County adopted a project plan to implement the Surtax funded projects, which included
an ITID park project allocation of $3,000,000 towards the construction
of a recreation center at Acreage Community Park. On April 27, 2022, the ITID
Board approved Resolution No. 2022-010 requesting that the funding assigned for
the recreation center be reallocated to other deferred outdoor recreation infrastructure
amenities such as multipurpose fields, skate park, and associated
infrastructure. The Infrastructure Sales Tax Independent Citizen Oversight
Committee reviewed ITID’s request during its May 19, 2022 meeting, and is
recommending the reallocation be approved. This Funding Agreement allows for
reimbursement of eligible expenses for the development, design, permitting
and/or construction of the project in an amount not to exceed $3,000,000. This
project is funded through the infrastructure surtax. District 6 (AH)
FEBRUARY 7, 2023
6. REGULAR
AGENDA
E. WATER UTILITIES
1. DELETED FOR FURTHER STAFF REVIEW Staff
recommends motion to approve: Irrevocable Directive of Project
Proceeds (Directive) for Florida Design Drilling Corporation (FDD). SUMMARY: On October 6, 2020, the Board
of County Commissioners (BCC) approved the Palm Beach County Water Utilities
Department (PBCWUD) Contract (R2020-1584) with FDD for the Wellfield
Improvements Phase 1 in the amount of $10,344,000, and on December 21, 2021,
the BCC approved the PBCWUD Contract (R2021-1923) with FDD for the Wellfield
Improvements Phase 2 in the amount of $9,944,000 (Phase 1 and Phase 2
hereinafter referred to collectively as the Project). PBCWUD has received the
Directive from FDD, in which FDD directs that all contract funds, balances,
claims, and retainages now or hereinafter payable in connection with the
Project be made payable to FDD and forwarded directly to FDD, c/o Great Horn
Financial Services, LLC and any payments made via wire or ACH transfer shall be
directed to First National Bank of Pennsylvania. As to Phase 1, the Directive is irrevocable
by FDD without the written consent of Philadelphia Indemnity Insurance
Company. As to Phase 2, the Directive is
irrevocable by FDD without the written consent of Great Midwest Insurance
Company. Districts 2, 3 & 5 (MWJ)
F. INTERGOVERNMENTAL
AFFAIRS
1. Staff recommends
motion to adopt: the
proposed 2023 Federal Legislative Agenda. SUMMARY: Staff requests Board
approval of the 2023 Federal Legislative Agenda, which outlines issues the
County’s Intergovernmental Affairs Office and federal lobbyists are working on
for the 118th Congress. The agenda addresses legislative matters, grant-funding
opportunities, and general issues to support and monitor. New agenda items
include Bipartisan Infrastructure Law funding, HUD Affordable Housing
calculations, an increase in farmworker housing repair and renovation, and the
reauthorization of the Farm Bill and the National Flood Insurance Program. Countywide
(AH)
* * * * * * * * * * * *
FEBRUARY 7, 2023
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
FEBRUARY 7, 2023
A. ADMINISTRATION
COMMENTS
1. Staff
recommends motion to receive and file: the updated Board Directive Reports which
include in process and completed board directive items. SUMMARY: At the
February 6, 2018 Board of County Commissioners Meeting, direction was given to
the County Administrator to submit monthly a status report of the board
directives. The report categorizes: 1)
In Process Items and 2) Completed
Items. The report continues to be
updated on an on-going basis. Countywide (DC)
B. COUNTY ATTORNEY
FEBRUARY 7, 2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
Request for off-site Proclamation declaring March 30, 2023 as Signature
Gives Back Volunteer Day in Palm Beach County
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
Request for off-site Certificate of Recognition presented to Titus Rich
for his 24 years of service to the Palm Beach County Fire Rescue Advisory Board
FEBRUARY 7, 2023
10. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
FEBRUARY 7, 2023
11. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."