April 3, 2023
10:00am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
APRIL 4, 2023
PAGE ITEM
40 4G *DELETED: (District
2)
40 4G *ADD-ON:
Certificate of Recognition honoring Grantley Coulthrust as Poll Worker
of the Year. (District 6)
40 4I *DELETED:
CHANGED TO: (District 4) / MOVED TO:
COMMISSIONER COMMENTS:
Request off-site proclamation approval.
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
APRIL 4, 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 9-39)
4. SPECIAL
PRESENTATIONS (Page 40)
5. REGULAR AGENDA (Pages 41-46)
6. BOARD APPOINTMENTS (Page 47)
7. STAFF
COMMENTS (Page 48)
8. BCC
COMMENTS (Page 49)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
50)
10. ADJOURNMENT (Page 51)
* * * * * * * * * * *
APRIL 4, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Approve contract with Bergeron Land
Development, Inc. for 365 calendars for the construction of Lawrence Road,
South of Ponza Place to Lantana Road; receive and file agreement with Town of
Lake Clarke Shores for joint participation and project funding for construction
utility adjustment; and budget amendment in the Impact Fee Zone 4 to recognize
reimbursement funding from the Town.
E. COMMUNITY SERVICES
Page 11
3E-1 Modification to Emergency Rental Assistance
Program 2 from U.S. Dept. of Treasury to increase funding, and an upward budget
amendment.
F. AIRPORTS
Page 12
3F-1 Receive
and file Public Transportation Grant Agreement with Florida Dept. of
Transportation for the Airport Access Roadway Rehabilitation Phase 1 at PBIA,
delegation of authority an approve budget amendment.
3F-2 Receive
and file Public Transportation Grant Agreement with Florida Dept. of
Transportation for the Runway 14-32 Expansion Design at North Palm Beach County
General Aviation Airport, delegation of authority and approve a budget
amendment.
Page 13
3F-3 Receive
and file Public Transportation Grant Agreement with Florida Dept. of
Transportation for the Hanger and Infrastructure Development at North Palm
Beach County General Aviation Airport, delegation of authority and a budget
amendment.
Page 14
3F-4 Receive
and file Amendment No. 1 to the Public Transportation Grant Agreement with
Florida Dept. of Transportation increasing original FDOT funding share and
revising the total cost for the Southside Redevelopment Project Phases 3 and 4,
delegation of authority and a budget amendment.
APRIL 4, 2023
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS (cont’d.)
Page 15
3F-5 Receive
and file registration for Distribution of Literature or Picketing at the PBI
issued to NetJets Association of Shared Aircraft Pilots, and authorizing
picketing by members of NJASAP.
Page 16
3F-6 Receive
and file fifteen Consents to Sublease space at Palm Beach International Airport
by Atlantic Aviation – West Palm Beach, LLC for subtenants.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Receive and file U.S. Dept. of Treasure Local
Assistance and Tribal Consistency Fund Grant CFDA commencing October 17, 2022
until funds are expended, and approve a budget amendment.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Receive and file First Amendment to the
Development and Conveyance Agreement with University of Florida Foundation,
Inc. extending the Due Diligence period.
Page 18
3H-2 Receive and file Termination of Interlocal
Agreement with the Town of Lake Park.
3H-3 Approve an increase
to the maximum cumulative value for the annual Asbestos and Lead Abatement
contract for Asbestos and Lead Abatement services as needed through 2026.
Page 19
3H-4 Approve Change Order No. 1 to sole source
contract with Amano McGann, Inc. to increase the
project duration of 225 calendar days for the Judicial Center Parking Garage
and State Attorney/Public Defender Parking Lot project.
Page 20
3H-5 Approval annual contract for electrical
services as needed through 2024 with Gilmore Electric Company, Inc.
Page 21
3H-6 Approval annual contracts with contracts
Cross Environmental Services, Inc. and The BG Group, LLC as needed through
2028.
APRIL 4, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 22
3H-7 Approve multiple
annual contracts as needed for painting and weatherproofing services.
Page 23
3H-8 Approval Consultant Services Authorization
No. 13 to the Annual Structural Engineering Services contract with WGI, Inc.
for the Peanut Island-Boat Dock Replacement project.
J. PLANNING, ZONING & BUILDING
Page 23
3J-1 Receive and file Task Order to Florida
Atlantic University Master Research Agreement to develop a Watershed Master
Plan for drainage basis and hydraulic analyses for Unincorporated Palm Beach
County.
M. PARKS & RECREATION
Page 24
3M-1 Adopt a resolution authorizing County
Administrator or designee to execute standard Promoter Amphitheater Rental
Agreement and delegate authority to the County Administrator.
Page 25
3M-2 Approve amendment to the Infrastructure
Surtax Project Plan and approve a budget transfer.
3M-3 Receive and file executed Amphitheater Rental
Agreement with AEG Properties SE, LLC for the Rise Against
Concert at Sunset Cove Amphitheater for one year.
Page 26
3M-4 Receive and file multiple amphitheater rental
agreements with DeutermanProductions.com, LLC for Jupiter Seafood Festival and
Genesis Marketing & Promotions, LLC for Blackluxe
Picnic Festival.
3M-5 Receive and file two entertainment contractor
agreements with Richard Benjamin for the Fabulons
concert and with Robert P. Watson for the Sand Dunes concert.
Page 27
3M-6 Receive and file entertainment contractor
agreement with Peter Sarfati for the Solid Brass
concert.
3M-7 Receive
and file multiple sound and light production service contractor agreements with
Sanderford Sound, Inc. for Carlin Park After Dark –
Solid Brass concert; Sanderford Sound, Inc. for Rise
Against concert; and Sanderford Sound for Blackluxe Picnic Festival.
APRIL 4, 2023
TABLE OF CONTENTS
CONSENT AGENDA
M. PARKS & RECREATION (cont’d.)
Page 28
3M-8 Receive and file Licensed Training Provider
Agreement with American National Red Cross to allow certified Parks and
Recreation Department employees to teach Red Cross courses at County Facilities
through 2026.
3M-9 Receive and file Addendum to the Licensed
Training Provider Agreement with American National Red Cross to allow County to
participate in the Red Cross Aquatic Centennial Initiative program through
2026.
P. COOPERATIVE EXTENSION SERVICE
Page 29
3P-1 Approve Grant agreement with Western Palm
Beach County Farm Bureau, Inc. from Agricultural Economic Development Program
funds to assist in conducting 2023 Palm Beach County Sweet Corn Fiesta.
S. FIRE RESCUE
Page 29
3S-1 Receive and file Amendment Memo to U.S.
Department of Homeland Security Federal Emergency Management Agency FY2021
Staffing for Adequate Fire and Emergency Response Grant Program.
3S-2 Receive and file municipal ordinance No. 2022-24
of the City of Lake Worth Beach extending the City’s participation in the
Fire/Rescue Municipal Services Taxing Unit.
Page 30
3S-3 Approve
and ratify Side Agreement amending Article 20-Work Week and Article
26-Certification, of the Collective Bargaining Agreement with Professional
Firefighters/Paramedics of Palm Beach County, Local #2928 IAFF, Inc.
3S-4 Approve three board appointments to the Fire
Code Board of Appeals and Adjustments.
X. PUBLIC SAFETY
Page 31
3X-1 Receive and file Second Chance Act Grant
award from the Department of Justice for three years.
Page 32
3X-2 Approve Memorandum of Understanding with the
Florida Department of Juvenile Justice to establish procedure for referring and
serving reentry youth from 2023 thru 2025.
3X-3 Receive and file Notice of Contract
Termination of Contractual Services Agreement for Expert Examining Committee
Member Services in Guardianship Matters.
APRIL 4, 2023
TABLE OF CONTENTS
CONSENT AGENDA
Z. RISK MANAGEMENT
Page 33
3Z-1 Approve Second Amendment to Contract for
Onsite Occupational Physician Services with Concentra for Physician/Medical
Director Services at the County occupational health clinic for two years with one additional two-year renewal option.
3Z-2 Approve one year contract with DSS
Sustainable Solutions USA, Inc. for professional/consultation e-learning
services with a retroactive commencement date with four automatic one-year
renewals.
BB. YOUTH SERVICES
Page 34
3BB-1 Receive and file Contract for
Consulting/Professional Services with Children’s Services Council of Palm Beach
County and McArthur’s Own to update the Youth Master Plan for one year.
3BB-2 Approve Contract for Consulting/Professional
Services with Julia Dyckman Andrus Memorial, Inc. for
recertification of the Palm Beach County Youth Services Department as a trauma
informed provider using Sanctuary Model, and a budget transfer.
CC. INTERNAL AUDITOR
Page 35
3CC-1 Receive and file audit report for Information
Systems Services, Facilities Development and Operations and Fire Rescue.
DD. SHERIFF
Page 35
3DD-1 Accept High Intensity Drug Trafficking Area
Program grant for the Palm Beach Narcotics Task Force and approve budget
amendment in the Sheriff’s Grant Fund.
Page 36
3DD-2 Receive and file Modification #5 to Subgrant Agreement between Florida Division of Emergency
Management and Palm Beach County Sheriff’s Office to extend the grant period.
EE. OFFICE OF RESILIENCE
Page 37
3EE-1 Ratify Mayor signature on Urban Agriculture and
Innovative Production Program grant application requesting funds for an assessment of small-scale, urban and
innovative farming opportunities; delegate authority to County Administrator or
designee; and authorize Director of the Office Resilience to serve as designee.
APRIL 4, 2023
TABLE OF CONTENTS
CONSENT AGENDA
EE. OFFICE OF RESILIENCE (cont’d.)
Page 38
3EE-2 Authorize County Administrator or designee to
pursue funding from U.S. Department of Energy’s Energy Efficient and
Conservation Block Grant Program; delegate authority; authorize County
Administrator or designee to complete and sign EECBG Program Pre-Award
Information Sheet; and delegate authority to County Administrator to sign all
grant applications and to execute forthcoming grant agreement.
Page 39
3EE-3 Delegate authority to County Administrator or
designee to pursue funding from U.S. Environmental Protection Agency
Environmental Justice Government-to-Government Program; delegate County
Administrator or designee to sign all grant applications forms; and delegate County
Administrator or designee to execute forthcoming grant agreement.
SPECIAL PRESENTATIONS
Page 40
4A Lois Pope Day
4B Coach Marty Riger
Day
4C Second Chance Month
4D Earth Day
4E Drowning Prevention Awareness Month
4F National Community Development Week
4G
Proclamation of recognizing Audrey
Wolf
4H Certificate of Appreciation PBSO
4I Parental Alienation Awareness Day
4J Clerk of the Circuit Court &
Comptroller County Investment Update
REGULAR AGENDA
A. AIRPORTS
Page 41
5A-1 Approve Amendment No. 7 to the General
Consulting Agreement with RS&H, Inc. for Consulting/Professional Services
for the performance of professional Construction Administration and Resident
Project Representative Services for Concourse B Expansion – Package 1 project
at PBI.
APRIL 4, 2023
TABLE OF CONTENTS
REGULAR AGENDA
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 42
5B-1 Amending resolution related to personnel
classifications and pay grades for County Commission Administrative Assistants
and County Commission Secretaries.
C. FACILITIES DEVELOPMENT AND OPERATIONS
Page 42
5C-1 Approve Lease Agreement with John C. Bills
Enterprises, Ltd. for office space for a five year term and one five-year
renewal option, and a budget transfer.
Page 43-44
5C-2 Approve Agreement for Purchase and Sale of
1.3 acre parcel located north of Indiantown Road and east of Bee Line Highway
from Ann Frances Gwinnell and Will Scott Gwinnell; a Memorandum of Agreement with Ann Frances Gwinnell and William Scott Gwinnell;
Agreement for Purchase and Sale of 1.3 acre parcel north of Indiantown Road and
east of Bee Line Highway from Neville Washington and Laural
Washington; a Memorandum of Agreement with Neville Washington and Laurel
Washington; Agreement for Purchase and Sale of 1.5 acre parcel north of
Indiantown and east of Bee Line Highway from Laurel Washington, Neville
Washington, Lance Washington, and Dave Washington; a Memorandum of Agreement
with Laurel Washington, Neville Washington, Lance Washington and Dave
Washington.
Page 45
5C-3 Consider/Waive Conflict disclosed by Verdex Construction, LLC in its proposal in response to
County’s Request for Proposals for Construction Manager at Risk Services, the
Vista Center Expansion Project; ratify the Final Selection Committee’s recommendation
to award to Verdex, and authorize Facilities and
Development & Operations Department to prepare contract with Verdex for the project.
D. ADMINISTRATION
Page 46
5D-1 Receive and file Mid-Session Legislative
Update for the 2023 State Legislative Session.
BOARD
APPOINTMENTS (Page 47)
STAFF COMMENTS (Page 48)
COMMISSIONER COMMENTS (Page 49)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 50)
ADJOURNMENT (Page 51)
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends motion to approve: the following final minutes of the
Board of County Commissioners’ meetings:
Meeting Date Meeting Type
September
22, 2022 Zoning
October
04, 2022 Regular
October
18, 2022 Regular
November
01, 2022 Regular
December
06, 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
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to:
A) approve
a contract with Bergeron Land Development, Inc. (BLD) in the amount of
$7,659,014.25 with a contract time of three hundred and sixty-five (365)
calendar days for the construction of Lawrence Road, South of Ponza Place to
Lantana Road (Project); and
B) receive
and file an interlocal agreement (ILA) with the
Town of Lake Clarke Shores (Town) for joint participation and project funding
for construction of utility adjustments in the amount of $1,558,322.93 for the
Project; and
C) approve a budget amendment of $1,558,323 in the Impact Fee
Zone 4 Fund to recognize reimbursement funding from the Town and appropriate it
to the Project.
SUMMARY: Approval of
this contract will authorize the construction services necessary to add turn
lanes at the intersection of Lantana Road and Lawrence Road and widen Lawrence
Road from Ponza Place to Lantana Road. The Project was presented to the Goal
Setting Committee (GSC) on February 16, 2022. The GSC applied Affirmative
Procurement Initiatives (API) of 20% minimum mandatory Small Business
Enterprise (SBE) participation, of which 3% must be a Minority Business
Enterprise (MBE) of Hispanic and/or African-American owned firms. On September
9, 2022, a partial waiver was approved by the Office of Equal Business
Opportunity changing the API to 15% minimum mandatory SBE participation of
which 3% must be a MBE of Hispanic and/or African-American owned firms. BLD agreed
to 17.75% SBE participation and 4% MBE participation. Bids for the contract were received by the Engineering Department
on October 14, 2022. Approval of the
budget amendment will recognize the reimbursement funding from the Town, as
agreed to in the ILA, for utility work they requested. The Town shall be
responsible for operation and maintenance of their utility work upon completion
of the Project. The ILA with the Town was approved by the County Engineer on
March 6, 2023 by way of delegated authority in accordance with Palm Beach
County Administrative Code Section 404.00. The ILA is submitted in accordance
with Countywide PPM CW-O-051 which requires all delegated contracts, agreements
and grants to be submitted by the initiating department as a receive and file.
BLD was the lowest responsive bidder of five bidders. The contract time for the
Project is 365 calendar days. BLD
has an office located in Palm Beach County. This Project is included in the
Five-Year Road Program. District 2 (YBH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends motion to approve:
A) modification to Emergency Rental Assistance
Program 2 (ERAP 2), from the U.S. Department of the Treasury (Treasury), to
increase funding with reallocated funds in the amount $6,374,458.34 for a new
total funding amount of $67,558,734.10; and
B) an
upward budget amendment in the amount of $6,374,458 within the ERAP Fund
to recognize the additional funding
received from the Treasury for ERAP 2.
Summary: On October 13, 2022, the Deputy Secretary of the U.S. Treasury released
instructions on requesting additional ERAP 2 funding that may be available due
to reallocations from under-performing jurisdictions. As a high-performing
jurisdiction and based on program needs, Palm Beach County requested an
additional $10,000,000. On January 23, 2023, the Treasury awarded Palm Beach
County $6,374,458.34. The full requested amount was not available as the amount
of reallocated funds requested by eligible grantees was far greater than the
funding available to distribute. As of January 31, 2023, $87,245,980 has been
disbursed on behalf of 10,126 unduplicated households under ERAP. The Catalog
of Federal Domestic Assistance (CFDA) number for ERAP is 21.023. No County
match is required. (Division of Human Services) Countywide (HH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to:
A) receive and file a Public Transportation Grant Agreement (PTGA)
with the Florida
Department of Transportation (FDOT) in the amount of $2,000,000 for the Airport Access Roadway Rehabilitation -
Phase 1 at Palm Beach International Airport (PBI). Delegation of authority for execution of this PTGA
was approved by the BCC on August 25, 2020 (R2020-1017). This
PTGA is effective as of February 22, 2023 with an expiration date of December
31, 2024; and
B) approve a Budget Amendment of $2,000,000 in the
Airport's Improvement and
Development Fund to recognize the receipt of a grant from the FDOT and budget
additional project costs
of $2,000,000; which
is in the current budget.
Total project costs are $4,000,000.
Summary: The FDOT has issued a PTGA (CSFA No. 55.004) reflecting their commitment of funding to the above referenced project
in the amount of $2,000,000 or 50% of the eligible project costs, whichever is less for the
Airport Access Roadway Rehabilitation - Phase 1 at PBI. This funding will
provide for rehabilitation of aging terminal access roadways at PBI. The
required local match for this PTGA is
$2,000,000.
Countywide (AH)
2. Staff recommends
motion to:
A) receive and file a Public
Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) in the amount
of $500,000 for the Runway 14-32 Expansion Design at North
Palm Beach County General Aviation Airport (F45). Delegation of authority for execution of this PTGA was approved
by the BCC on August 25, 2020 (R-2020-1017).
This PTGA is effective as of February 22, 2023 with an expiration date of
December 31, 2024; and
B) approve a Budget Amendment of $1,000,000 in the
Airport's Improvement and Development Fund to recognize the receipt of a grant
from the FDOT
and transfer additional
project costs of $500,000 local match funds from Reserves. Total project costs
are $1,000,000.
Summary: The FDOT has issued a PTGA (CSFA No. 55.004) reflecting their commitment
of funding to the above referenced project in the amount of $500,000 or 50% of
the eligible project costs, whichever is less for the Runway 14-32 Expansion
Design at F45. This funding will provide design surfaces for a runway expansion
from 4,300 feet long x 75 feet wide to 6,000 feet long x 100 feet wide at F45.
The required local match for this PTGA is $500,000. Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
3. Staff
recommends motion to:
A) receive and file a Public Transportation Grant Agreement
(PTGA) with the Florida Department of Transportation (FDOT) in the amount of $2,000,000
for the Hangar and Infrastructure Development at North Palm Beach County
General Aviation Airport (F45). Delegation of authority for execution of this
PTGA was approved by the BCC on August 25, 2020 (R2020-1017). This PTGA is
effective as of February 23, 2023 with an expiration date of December 31, 2025;
and
B)
approve a Budget Amendment of $2,000,000 in the Airport's Improvement and
Development Fund to recognize the receipt of a grant from the FDOT and budget
additional project costs of $500,000 (which is in the current budget). Total
project costs for the initial grant agreement are $2,500,000.
Summary: The
FDOT has issued a PTGA (CSFA No. 55.004) reflecting their commitment of funding
to the above referenced project in the amount of $2,000,000 or 80% of the
eligible project costs, whichever is less for the Hangar and Infrastructure
Development at F45. The required local match for this PTGA is $500,000. This is
a multiyear grant with $2,000,000 of state funding in year one followed by an
additional $2,000,000 of state funding planned for year two. The total project
costs is estimated at $5,000,000, with $4,000,000 in state funding and
$1,000,000 in local funding. The additional $2,000,000 in state funding and
$500,000 budgeted funding are planned in a future amendment. Countywide
(AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Staff
recommends motion to:
A)
receive and file Amendment
No. 1 to the Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) increasing the original FDOT funding share
by an additional $1,800,000 and revising the total cost of the project for
Southside Redevelopment Project - Phases 3 and 4 (Project) at Palm Beach County
Park Airport (LNA). Delegation of authority for execution of this PTGA was
approved by the BCC on August 25, 2020 (R2020-1017). This Amendment is
effective as of February 27, 2023 with an expiration date of December 31, 2024;
and
B)
approve a Budget Amendment of $1,800,000 in the Airport's Improvement and
Development Fund to recognize the receipt of a grant from the FDOT.
Summary: On
March 8, 2022 the BCC approved a PTGA (R2022-0178) with the FDOT in the amount
of $1,800,000 or 80% of the eligible project costs, whichever is less for the
Project at LNA under a multi-year funding plan. The FDOT has issued Amendment
No. 1 to the PTGA as part of the second year funding, increasing the original funding
share by an additional $1,800,000 for a revised FDOT participation of
$3,600,000 bringing the revised total cost of the Project to $4,500,000.
Airport required local match for this Project is $900,000. This additional
funding will provide for the final phases of design and construction for
improvements to existing landside facilities and infrastructure that began in
2018; this project will complete the final phases of aviation redevelopment on
the south side of the airfield, including security enhancements and access
control, landside parking and vehicle circulation improvements and related
utility infrastructure. The project to be funded with this grant will not
expand or increase airport/aviation capacity at LNA. The purpose of the project
is to improve the security and safety of LNA and rehabilitate/replace aging
infrastructure. Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
5.
Staff recommends motion to receive and file:
A) Registration for
Distribution of Literature or Picketing at the Palm Beach International Airport
(PBI) issued to NetJets Association of Shared Aircraft Pilots (NJASAP) on
February 7, 2023 (Prior Registration), authorizing picketing by members of
NJASAP at PBI on February 17, 2023, at no cost.
B) Registration for
Distribution of Literature or Picketing at PBI issued to NJASAP on February 16,
2023 (Registration), authorizing picketing by members of NJASAP at PBI on
February 17, 2023, at no cost and terminating the Prior Registration.
Summary: The Registration authorized NJASAP members
to picket at PBI, in locations identified in the Registration, in accordance
with the Airport Rules and Regulations (R98-220 as amended) on February 17,
2023. The Registration terminated the Prior Registration and modified the areas
on PBI where NJASAP members were authorized to conduct their activities.
Delegation of authority for the execution of the standard form Registration was
approved by the Board of October 3, 1995 (R-95-1410). Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
6. Staff recommends motion to receive and file: Fifteen (15)
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. 711 Finad LLC, effective as of April 1, 2022.
2. Air
Canada, effective as of September 1, 2022.
3. Air
Rutter International, LLC d/b/a Alerion Aviation (Alerion) and d/b/a Jet RX,
effective September 1, 2021.
4. Arebus Holdings LLC, effective as of April 1, 2022.
5. Cessna
Service Direct LLC, effective April 1, 2022.
6. EMB
Equipment LLC, effective as of November 1, 2022.
7. Executive
Jet Management, Inc., effective as of September 1, 2022.
8. Falcon
2000 Leasing, LLC, effective as of November 1, 2022.
9. Otter
Inspirations, LLC, effective as of January 1, 2023.
10. S.W.
Leasing Two LLC, effective as of December 1, 2022.
11. Tudor
Investment Corporation, effective as of November 1, 2022.
12. GDP
Aviation, LLC, effective as of September 1, 2022.
13. Acadian
Seaplanes, effective as of December 1, 2022.
14. CVS
Pharmacy, INC, effective as of January 1, 2023.
15. ACI Jet,
effective as of December 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 R-94-1453. Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff
recommends motion to:
A) receive
and file U.S. Department of the Treasury Local Assistance and Tribal
Consistency Fund (LATCF) Grant CFDA 21.032, which includes receipt of $100,000,
with a start date of October 17, 2022 until the funds are expended; and
B) approve a budget
amendment of $100,000 within the LATCF unit in the General Fund, to recognize
revenue, and to establish a budget for the accepted funding.
Summary: Section 605(b) of the Social
Security Act (the Act), as added by section 9901 of the American Rescue Plan
Act, Pub. L. No. 117-2 (March 11, 2021) authorizes the Department of Treasury
(Treasury) to make payments to certain recipients from the Local Assistance and
Tribal Consistency Fund. The County applied for and received a payment
of $50,000 on October 26, 2022, and will receive the
remaining $50,000 during FY 2023. The
County is able to use these funds to cover any cost incurred on or after March
15, 2021, for any governmental purpose other than a lobbying activity. These funds will be used to repair the
PBSO IT Room at the North County Courthouse that was damaged during a major
flooding event last year. The flooding
resulted from failed server A/C units, and a heat overload. This room serves a critical PBSO operation,
and will be redesigned to provide for better heat load management and expanded
capabilities into the future. This grant
does not require a County match. Countywide
(DB)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion to receive and file: First Amendment to the Development and
Conveyance Agreement with University of Florida Foundation, Inc. extending the Due
Diligence Period from 180 days to 270 days, concluding on May 22, 2023. SUMMARY: On August 23, 2022, the Board
of County Commissioners (Board) approved the Development and Conveyance
Agreement (R2022-0891) (the Agreement) with the University of Florida
(University) for the conveyance of approximately 5.03 acres of County-owned
property in West Palm Beach for the development of an urban educational campus.
The Agreement provided for a 180-day Due Diligence period which was set to
conclude on February 21, 2023. The
University requested an extension of the Due Diligence period for an additional
90 days. At the February 7, 2023 Board
of County Commissioners meeting, the Board approved the extension. This First Amendment formalizes the approval
of the Due Diligence period extension from 180 days to 270 days, such that it
will now conclude on May 22, 2023. The First Amendment was signed by the Mayor
on February 23, 2023 (Property & Real Estate Management) District 2 (HJF)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends motion to receive and file: Termination of Interlocal Agreement with the
Town of Lake Park, terminating the Interlocal Agreement dated November 16, 2010
(R2010-1943), as amended. SUMMARY:
In accordance with County PPM CW-O-051, all delegated contracts, agreements and
grants must be submitted by the initiating Department as a receive and file
agenda item. On September 13, 2022 (R2022-1036), the Board of County
Commissioners (Board) approved the termination of the Interlocal Agreement with
the Town of Lake Park (Town) related to Waterfront Access Bonds, and authorized
the County Administrator, or designee, who in this case was the Director of
Facilities Development & Operations, to execute documents to effectuate the
same. The Town approved the Termination
Agreement on February 1, 2023. This fully executed document is now being
submitted to the Board to receive and file. (Property & Real Estate
Management) District 7 (HJF)
3. Staff recommends motion to approve: an increase to
the maximum cumulative value for the annual Asbestos and Lead Abatement
contract in the amount of $1,000,000 for Asbestos and Lead Abatement services
on an as-needed basis through October 18, 2026.
SUMMARY: On October 19, 2021, the Board of County Commissioners
(Board) approved the annual Asbestos and Lead Abatement contracts (R2021-1494
though R2021-1498) for Asbestos and Lead Abatement services related to system
and component installations, upgrades, replacements, modifications and repairs.
To date, the County has awarded work orders in the amount of $325,521. In order
to accommodate additional anticipated new projects required to be accomplished
before the term of this contract expires on October 18, 2026, staff is
requesting to increase the maximum cumulative value for the annual Asbestos and
Lead Abatement contract in the amount of $1,000,000. This increase will bring
the maximum cumulative value of the annual Asbestos and Lead Abatement contract
to $1,500,000. Work will be awarded as work orders on a lump-sum, competitively
bid basis across all prequalified contractors. Contractors may qualify at any
time and be added to this annual Asbestos and Lead Abatement contract before
the term ends. Projects less than $100,000 are bid among the pool of certified
Small Business Enterprise (SBE) contractors, when three (3) or more small
businesses are qualified under the contract. Projects $100,000 or greater are
advertised on the vendor self-service (VSS) website while projects $200,000 or
greater are additionally advertised in the newspaper. The bidding pool is
further expanded to include additional bidders responding to the specific
project advertisement that submit a qualification application at least ten (10)
calendar days before the bid due date. Currently six (6) contractors are
prequalified. The annual Asbestos and Lead Abatement contract was presented to
the Goal Setting Committee on June 2, 2021 and the Committee established
Affirmative Procurement Initiatives (APIs) of sheltered market for projects
less than $100,000 (when three (3) or more small businesses are qualified under
the annual contract) or an SBE contractor will be given a price preference if
its bid is within 10% of the lowest non-small business bid. There are no SBE
contractors prequalified on the annual Asbestos and Lead Abatement contract.
(Capital Improvements) Countywide (MWJ)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends motion to approve: Change Order No.
1 to the sole source contract (R2021-1070) with Amano McGann,
Inc. in the amount of $47,055 with an increase to the project duration of 225
calendar days for the Judicial Center Parking Garage, and the State
Attorney/Public Defender (SAPD) Parking Lot project. SUMMARY: On August 17, 2021, the Board
of County Commissioners (Board) approved a sole source contract (R2021-1070)
with Amano McGann, Inc. in the amount of $336,974.60
for a period of 60 days from permit issuance for the installation of the OPUS
parking access and revenue control systems at the entry and exit lanes for the
Judicial Center Parking Garage, and the SAPD Parking Lot project. Change
Order No. 1 to the sole source contract (R2021-1070) authorizes the replacement
of the existing gate arms with gate arms with integrated lighting, installation
of electrical patch panels and additional low voltage wiring, installation of
additional revenue collection equipment and the furnishing of additional OPUS
supplies. Change Order No. 1 to the sole source contract (R2021-1070) will also
authorize an increase in the project duration of 225 calendar days to
accommodate the fiber network replacement. In accordance with the Equal
Business Opportunity (EBO) ordinance, sole source procurements are exempt from
EBO requirements. Funding for this
project is from the Public Building Improvement Fund. (Capital
Improvements Division) District 7 (MWJ)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends motion to approve: an annual contract with the following
contractor for electrical services on an as-needed basis through November 18,
2024.
Contractor Status SBE or Non-SBE
Gilmore Electric Company, Inc. Local SBE
SUMMARY: On November 19,
2019, the Board of County Commissioners (Board) approved the annual Electrical
contract (R2019-1752 through R2019-1758). The work consists of electrical
repairs, improvements and renovations to County-owned properties on an as
needed basis. The contractor now joins the list of sixteen (16) prequalified
contractors for a total of seventeen (17) prequalified contractors with a
contract expiration date of November 18, 2024. The specific requirements of the
work will be determined by individual work orders issued against this annual
Electrical contract. These contracts are five (5) year indefinite-quantity
contracts with a maximum cumulative value of $6,000,000 across all prequalified
contractors. Work will be awarded as work orders on a lump-sum, competitively
bid basis across all prequalified contractors. Contractors may qualify at any
time and be added to this annual Electrical contract before the term ends.
Projects less than $100,000 are bid among the pool of certified Small Business
Enterprise (SBE) contractors, when three (3) or more small businesses are
qualified under the contract. Projects $100,000 or greater are advertised on
the vendor self-service (VSS) website while projects $200,000 or greater are
additionally advertised in the newspaper. The bidding pool is further expanded
to include additional bidders responding to the specific project advertisement
that submit a qualification application at least ten (10) calendar days before
the bid due date. The annual Electrical contract was presented to the Goal
Setting Committee on June 5, 2019 and the Committee established Affirmative
Procurement Initiatives (APIs) of sheltered market for projects less than
$100,000 (when three (3) or more small businesses are qualified under the
annual contract) or an SBE contractor will be given a price preference if its
bid is within 10% of the lowest non-small business bid. Actual
Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be
identified on each work order, and will be tracked cumulatively for all work
orders issued. To date, the cumulative S/M/WBE participation for all work orders
under the annual Electrical contract is 78.09%. (Capital Improvements) Countywide
(MWJ)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
6. Staff recommends motion to approve: annual contracts
with the following contractors for demolition services on an as-needed basis
through April 3, 2028.
Contractor
Status SBE
or Non- SBE
A)
Cross Environmental Services, Inc. Non-Local Non-SBE
B)
The BG Group, LLC Local Non-SBE
SUMMARY: The purpose of
this annual contract is to pre-qualify contractors to provide demolition
services on an as-needed basis. The specific requirements of the work shall be
determined by individual work orders issued against this annual demolition
contract. These contracts are five (5) year indefinite-quantity contracts with
a maximum cumulative value of $1,000,000 across all prequalified contractors.
Work will be awarded as work orders on a lump-sum, competitively bid basis
across all prequalified contractors. Contractors may qualify at any time and be
added to this annual demolition contract before the term ends. Projects less
than $100,000 are bid among the pool of certified Small Business Enterprise
(SBE) contractors, when three (3) or more small businesses are qualified under
the contract. Projects $100,000 or greater are advertised on the County’s
vendor self-service (VSS) website while projects $200,000 or greater are
additionally advertised in the newspaper. The bidding pool is further expanded
to include additional bidders responding to the specific project advertisement
that submit a qualification application at least ten (10) calendar days before
the bid due date. Currently two (2) contractors are prequalified. The annual
demolition contract was presented to the Goal Setting Committee on December 7,
2022 and the Committee established Affirmative Procurement Initiatives (APIs)
of sheltered market for projects less than $100,000 (when three (3) or more
small businesses are qualified under the annual contract) or a SBE contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. Actual Small/Minority/Women Owned Business Enterprise
(S/M/WBE) participation will be identified on each work order, and will be
tracked cumulatively for all work orders issued. (Capital Improvements) Countywide
(MWJ)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
7. Staff recommends motion to approve: annual contracts with the following
contractors for painting and weatherproofing services on an as-needed basis
through April 3, 2028.
Contractor Status
SBE or Non- SBE
A)
A to Z Paint Contracting, Inc. Local S/WBE
B)
Gustafson Industries, Inc. Local SBE
C)
I.D. Painting Corp. Non-Local Non-SBE
D)
Razorback LLC Non-Local Non-SBE
E)
Roof Painting by Hartzell, Inc.
Non-Local Non-SBE
SUMMARY: The purpose of
this annual contract is to pre-qualify contractors to provide painting and
weatherproofing services on an as-needed basis. The specific requirements of
the work shall be determined by individual work orders issued against this
annual painting and weatherproofing contract. These contracts are five (5) year
indefinite-quantity contracts with a maximum cumulative value of $3,000,000
across all prequalified contractors. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual painting and
weatherproofing contract before the term ends. Projects less than $100,000 are
bid among the pool of certified Small Business Enterprise (SBE) contractors,
when three (3) or more small businesses are qualified under the contract.
Projects $100,000 or greater are advertised on the County’s vendor self-service
(VSS) website while projects $200,000 or greater are additionally advertised in
the newspaper. The bidding pool is further expanded to include additional
bidders responding to the specific project advertisement that submit a
qualification application at least ten (10) calendar days before the bid due
date. Currently five (5) contractors are prequalified. The annual painting and
weatherproofing contract was presented to the Goal Setting Committee on
December 7, 2022 and the Committee established Affirmative Procurement
Initiatives (APIs) of sheltered market for projects less than $100,000 (when three
(3) or more small businesses are qualified under the annual contract) or a SBE
contractor will be given a price preference if its bid is within 10% of the
lowest non-small business bid. Actual Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation will be identified on each work order, and
will be tracked cumulatively for all work orders issued. (Capital Improvements)
Countywide (MWJ)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
8. Staff recommends motion to approve: Consultant Services Authorization (CSA) No.
13 to the Annual Structural Engineering Services contract (R2020-0550) with
WGI, Inc. (Consultant) in the amount of $175,734.37 for the Peanut Island-Boat
Dock Replacement project. SUMMARY: On June 2, 2020, the Board of County
Commissioners (Board) approved the Annual Structural Engineering Services
contract (R2020-0550) with the Consultant to provide structural engineering
design services. Under CSA No. 13, the Consultant will provide the professional
services (i.e. design, permitting and construction administration services)
necessary for the Peanut Island-Boat Dock Replacement project. The boat docks
at the south end of Peanut Island will be replaced to match the approximate
location, length and width of the existing docks. The Annual Structural
Engineering Services contract was presented to the Goal Setting Committee on
April 3, 2019 and the Committee established Affirmative Procurement Initiatives
(APIs) of a minimum mandatory 20% Small Business Enterprise (SBE)
participation. The Consultant committed to achieving an SBE goal of 28%. The
SBE participation on this CSA is 40.43%. Cumulative SBE participation on the
contract is 33.70%. The Consultant is a local firm. Funding for this project is
from the 50.0M GO 06, Waterfront Access Fund and Parks Improvement Fund.
(Capital Improvements Division) District 1 (MWJ)
J. PLANNING, ZONING AND BUILDING
1. Staff recommends motion to received and
file: a Task Order to
Florida Atlantic University (FAU) Master Research Agreement # C-22-229 to
develop a Watershed Master Plan (WMP) for drainage basin and hydraulic analyses
for Unincorporated Palm Beach County, and any additional related work pursuant
to the agreement for a total amount of $210,000. Summary: On November 1, 2022, the Board of County
Commissioners (BCC) approve the Master Research Agreement with FAU to develop a WMP for drainage basin and
hydraulic analyses for Unincorporated Palm Beach County. This is a prerequisite
for all communities to achieve a Class 4 or higher Community Rating System (CRS)
rating and is important to understanding floodplain management and the ways in
which water travels in a community. On January 10, 2023 the Department
submitted a grant award agreement from the Florida Department of Emergency
Management (FDEM) as a receive and file to the BCC, this funding will cover 75%
of the total task order with a total reimbursement amount of $210,000, based on
a total project cost of approximately $280,000. Countywide (RM)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends motion to:
A)
adopt a Resolution,
repealing Resolution 2011-1960, authorizing the County Administrator or
designee to execute a standard Promoter Amphitheater Rental Agreement; and
B) delegate
authority to the County Administrator or designee, which shall be the Director
or Deputy Director of the Parks and Recreation Department, to execute standard
Promoter Amphitheater Rental Agreements and Amendments.
Summary: On December 6, 2011, the Board
of County Commissioners (BCC) adopted Resolution 2011-1960 authorizing the
County Administrator or designee to execute standard Amphitheater Rental
Agreements used exclusively by promoter AEG Live SE, LLC (AEG). The Department
wishes to repeal this resolution and instead adopt a new resolution that will
establish a standard Promoter Amphitheater Rental Agreement that can be
utilized by any qualified promoter. The standard Promoter Amphitheater
Rental Agreement specifically identifies
the responsibilities and expectations of the renter and holds the renter
accountable for damages, personal injury, misrepresentation, payment of fees
and charges, insurance coverage, and compliance with County ordinances and park
rules and regulations. The Department processed 15 Promoter Amphitheater Rental
Agreements within the last year and with the time frame necessary to bring
matters before the BCC, staff is recommending that the BCC adopt a Resolution
to repeal R2011-1960 and delegate authority to the County Administrator or
designee to execute standard Promoter Amphitheater Rental Agreements and minor
amendments that do not change the terms or conditions of the standard Promoter
Amphitheater Rental Agreement. Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
2. Staff recommends motion to approve:
A) An amendment
to the Infrastructure Surtax (IST) Project Plan approved by the Board of County
Commissioners (BCC) on April 4, 2017, later revised on January 4, 2022; and
B)
A budget transfer of $40,000 within the IST Fund from IST Departmental
Reserves to Morikami Lake Biwa Pavilion Replacement
Project.
Summary: On April 4, 2017,
the BCC adopted a project plan to implement the IST funded projects and
included an allocation of $300,000 towards the replacement of the Lake Biwa
Pavilion at Morikami Park. A consultant (Architecture Green) was engaged
by the County’s Capital Improvements Division (CID) in 2020 to provide a cost
estimate for the replacement of the structure.
It was subsequently determined that the replacement cost significantly
exceeded the original amount budgeted for this project and that renovation of
the pavilion provided a more cost effective approach; however, estimates for
the renovation project have exceeded the available funding by $40,000
necessitating a transfer from IST Departmental Reserves. The Infrastructure
Sales Tax Independent Citizen Oversight Committee reviewed this request at
their February 16, 2023 meeting, and approved it unanimously. This
project is funded through the infrastructure sales tax. District 5
(AH)
3. Staff recommends motion to receive and file: an executed Amphitheater Rental
Agreement with AEG Presents SE, LLC for the
Rise Against Concert at Sunset Cove Amphitheater, for the period February 16,
2023 through February 17, 2023. 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)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
4. Staff recommends motion to receive and file: the following two (2) executed
Amphitheater Rental Agreements:
A) DEUTERMANPRODUCTIONS.COM.LLC, for the
Jupiter Seafood Festival at Seabreeze Amphitheater,
for the period of February 15, 2023 through February 20, 2023; and
B)
Genesis Marketing & Promotions, LLC for the Blackluxe
Picnic Festival at Sunset Cove Amphitheater, for the period of February 18,
2023 through February 19, 2023.
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. Districts 1 and 5 (AH)
5. Staff recommends motion to receive and file: the following two (2) executed Entertainment Contractor
Agreements:
A) Richard Benjamin in an amount not to
exceed $600 for the Fabulons concert at Canyon
Amphitheater, on January 21, 2023; and
B) Robert P. Watson in an amount
not to exceed $500 for the Sand Dunes concert at Canyon Amphitheater, on
February 18, 2023.
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 $6,000 for the Legends of the Lawn events 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)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
6. Staff recommends motion to receive and file: the executed Entertainment Contractor Agreement for Peter Sarfati in an amount not to exceed $2,000 for the Solid
Brass concert at Seabreeze Amphitheater, on February
14, 2023. 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 $20,000 for
the Carlin Park After Dark concert series from Vic
Canales Media Group LLC offset the expenses of this event at the Seabreeze Amphitheater. This Entertainment
Contractor 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 2008-1109, 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 1 (AH)
7. Staff recommends motion to receive and file: the following three (3) executed
Sound and Light Production Service
Contractor Agreements:
A) Sanderford
Sound, Inc. in an amount not to exceed $2,285 for Carlin Park After
Dark
– Solid Brass concert at Seabreeze Amphitheater, on
February 14, 2023; and
B) Sanderford
Sound, Inc. in an amount not to exceed $700 for Rise Against concert at Sunset
Cove Amphitheater, for the period of February 16, 2023 through February 17,
2023; and
C) Sanderford
Sound, Inc. in an amount not to exceed $700 for Blackluxe
Picnic Festival at Sunset Cove Amphitheater, for the period of February 18,
2023 through February 19, 2023.
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. Districts
1 and 5 (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
8. Staff recommends
motion to receive and file: an executed Licensed Training Provider Agreement with the American
National Red Cross (Red Cross) to allow properly certified Parks and
Recreation Department employees to teach Red Cross courses at County facilities
for the period of January 26, 2023 through January 26, 2026. Summary: The Parks and Recreation Department’s
Aquatics Division utilizes the Red Cross safety services courses to certify
lifeguards, teach swimming lessons and train staff to teach instructor level
safety services courses. This Agreement
requires the Department to ensure that instructors maintain the appropriate Red
Cross certifications for courses being taught, operate in accordance with Red
Cross policies, pay the provider fees associated with the courses taught and
properly submit course records to the Red Cross. The Red Cross will provide course materials,
certifications for courses and access to the Red Cross electronic
resources. In accordance with County PPM
CW-O-051, all delegated agreements must be submitted by the initiating
Department as a receive and file agenda item. This Agreement has been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of Purchasing
in accordance with section 2.53(d) of the Purchasing Code, and is now being
submitted to the BCC to receive and file.
Countywide (AH)
9.
Staff recommends motion to receive and file:
an executed
Addendum to the Licensed Training Provider Agreement with the American National
Red Cross (Red Cross) to allow the County to participate in the Red Cross
Aquatic Centennial Initiative program for the period of January 26, 2023
through January 26, 2026. Summary: The
addendum allows the County to receive funding from the Red Cross to offset
participant program fees for swimming lessons, lifeguard training, and water
safety instructor programs as part of the Red Cross Aquatic Centennial
Initiative program. In accordance with County PPM CW-O-051, all delegated
agreements must be submitted by the initiating Department as a
receive and file agenda item. This Agreement has been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of Purchasing
in accordance with section 2.53(d) of the Purchasing Code, and is now being
submitted to the BCC to receive and file. Countywide (AH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
P. COOPERATIVE EXTENSION SERVICE
1.
Staff
recommends motion to approve:
Grant
agreement with the Western Palm Beach County Farm Bureau, Inc. in an amount not
to exceed $25,000 from Agricultural Economic Development Program funds to
assist in conducting the 2023 Palm Beach County Sweet Corn Fiesta. Summary: The 2023 Palm Beach County Sweet Corn
Fiesta will be held on April 30, 2023. This Agreement allows for reimbursement of expenses
incurred after December 1, 2022.
This event will increase public awareness of local agriculture on a
regional and statewide basis. It
provides an opportunity for a local agricultural organization, the Western Palm
Beach County Farm Bureau, to stage an event that will make our residents more
aware of the economic significance of our largest vegetable row crop in our
County’s billion-dollar agricultural industry while bringing in people from
surrounding counties. This is the 23rd
year for the event. The Palm Beach
County Agricultural Enhancement Council has reviewed the request and met with
representatives of the Western Palm Beach County Farm Bureau. Countywide (AH)
S. FIRE RESCUE
1. Staff recommends motion to receive
and file: an
Amendment Memo to the U.S.
Department of Homeland Security Federal Emergency
Management Agency (“FEMA”), FY2021 Staffing for Adequate Fire and Emergency
Response Grant (“SAFER”) Program Agreement No. EMW-2021-FF-00908 modifying the
performance period from March 14, 2023 through March 13, 2026 to January 9,
2023 through January 8, 2026. Summary: On November 15, 2022
(Agenda Item 3S1), the Board accepted a SAFER grant award from FEMA for a
period of March 14, 2023 through March 13, 2026, and delegated authority to the
County Administrator, or designee, to accept, approve, execute and submit
certain grant documents including time frame changes. Palm Beach county Fire
Rescue (“PBCFR”) requested an amendment to the Period of Performance to
coincide with the start date of a Recruit Academy. After FEMA reviewed and
approved the amendment, PBCFR received the attached Amendment Memo and related
grant documents modifying the performance period and indicating that the
County’s signature is not required. This Amendment Memo is now being submitted
to the Board to receive and file. Countywide
(SB)
2. Staff recommends motion to receive and
file: a
copy of municipal ordinance No.
2022-24 of the
City of Lake Worth Beach (“City”), extending the City’s participation in the
Fire/Rescue Municipal Services Taxing Unit (“MSTU”) through December 31, 2025. SUMMARY: The Fire/Rescue
MSTU encompasses the unincorporated areas of Palm Beach County plus the
incorporated areas within municipalities that have opted to join the MSTU. The
County has provided fire rescue services to the City as part of the Fire/Rescue
MSTU since October 1, 2009. The City adopted Ordinance No. 2022-24 to extend
their participation through December 31, 2025 to fund fire-rescue services by
the County through 7:30 a.m. on October 1, 2026. The City Ordinance is now
being submitted to the Board of County Commissioners to receive and file.
Countywide (SB)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(cont’d.)
3. Staff recommends motion to approve and
ratify: a Side Agreement
amending
Article 20 – Work Week and Article 26 –
Certification, of the Collective Bargaining Agreement (“CBA”) with the
Professional Firefighters/Paramedics of Palm Beach County, Local #2928, IAFF,
Inc. Summary: Both parties are requesting a side agreement
to the current CBA, October 1, 2021 – September 30, 2024 (R2021-1555). This Side Agreement addresses changes to
Article 20 Section 2. Non-Twenty-Four (24) Hour Shift Employees (A) Community
Risk Reduction and Mobile Integrated Health (MIH) Employees; and Article 26
Section 4. Recertification, to include the Fire Rescue Medical Social Worker
Position into the CBA as agreed jointly by Fire Rescue staff and Union
Leadership. Countywide (MM)
4. Staff recommends motion to approve: Three (3)
appointments to the Fire Code Board of Appeals and Adjustments beginning April
4, 2023 through September 30, 2026.
Nominee Category Seat No. Nominated By
Roger Held Building
Official 3 Mayor Weiss
Commissioner
Marino
Commissioner
Barnett
Commissioner
Woodward
Anthony Caliendo Fire
Alarm Contractor 6 Mayor Weiss
Commissioner
Marino
Commissioner
Barnett
Commissioner
Woodward
Martin Perrone Resident At-Large 8 Mayor Weiss
Commissioner
Marino
Commissioner
Barnett
Commissioner
Woodward
Summary:
The Fire Code Board of
Appeals and Adjustments is maintained in accordance with the Palm Beach County
Local Amendments to the Florida Fire Prevention Code (Section 12-57, Palm Beach
County Code). On February 3, 2023 a memo was distributed to the Commissioners
requesting nominations to this eight (8) - member board (At-Large). This board
is appointed by the Board of County Commissioners and members serve no more
than three (3) consecutive three (3) year terms. No other nominations were received. The Board consists of eight (8) members. Upon
approval of this item, four (4) seats will be filled with a diversity count of
Caucasian: 4 (100%) and African-American: 0 (0%), and a gender ratio (male:
female) of 4:0. Staff will continue to address the need to increase diversity
on our boards. Countywide (RM)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A) ratify the Mayor's signature on the
Community Reentry Program grant application from the Department of Justice
(DOJ) in the amount of $750,000 for a period of three (3) years beginning
October 3, 2022; and
B) ratify
grant award Grant #15PBJA-22-GK-04898-CSCR from the DOJ in the amount of
$750,000 for a period of three (3) years beginning October 1, 2022 through
September 30, 2025; and
C) 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; and
D) approve
the addition of one (1) full time Reentry Program Coordinator (pay grade 35) to
the Justice Services complement; and
E) approve a budget amendment of $750,000 in the Justice
Service Grant Fund to recognize the award.
Summary: Palm Beach County (PBC) facilitates the
successful reintegration of individuals returning from a period of
incarceration back to Palm Beach County.
This award (Grant #15PBJA-22-GK-04898-CSCR) (CFDA#16.812) will allow for
Reentry Programs to enhance and implement clinical services and other
evidence-based responses to improve reentry, reduce recidivism, and address the
treatment and recovery needs of the people with mental health, substance use,
or co-occurring disorder who are currently involved in the criminal justice
system or were formerly involved. Through
partnerships with State agencies, community providers, and non-profit and faith
based organizations, this funding will allow our local government to enhance
reentry and behavioral health services for our underserved communities in the
Glades area. It will also create a new
Reentry Program Coordinator position for the Justice Services Division to help
manage the grant. If grant funding
ceases, the position will be deleted from the Justice Services complement. The emergency signature process was utilized
due to the short turnaround time for the grant application. Due to an oversight, the application was not
ratified within the proper time frame and the award was accepted without proper
approval authority. No County matching
funds are required for this grant. Countywide
(SF)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
2. Staff
recommends motion to approve: Memorandum of Understanding (MOU) with
the Florida Department of Juvenile Justice (FLDJJ) to establish
procedures for referring and serving reentry youth for the period of April 4, 2023 through September 30,
2025. Summary: This MOU establishes the general
conditions and joint processes that will enable the Palm Beach County (PBC)
Public Safety Department’s Youth Reentry Program and FLDJJ to effectively
collaborate as partners in regard to serving youth returning from incarceration
within the juvenile justice system. Youth reentry services are comprised of
targeted case management, certified peer support, support services, and
partnerships with community partners to create a continuum of coordinated care
across systems and providers. This is the first MOU between PBC and FLDJJ. Countywide
(RS)
3. Staff
recommends motion to receive and file: Notice of Contract Termination of
Contractual Services Agreement for Expert Examining Committee Member
Services in Guardianship Matters. (R2022-0999). Summary: On September 13, 2022, the Board of County
Commissioners entered into Contractual Services Agreement Expert Examining
Committee Member Services (R2022-0999) with the Fifteenth Judicial Circuit
Court to provide expert services in guardianship cases.
The County wishes to exercise the right to terminate the Agreement with 30 days
written notice. The Court has been notified and does not have an objection to
the termination of the Agreement as they maintain a list of mental health
professionals whom they contract with to provide these services. In April 2020,
there was an audit report released from the County’s Internal Auditor.
They recommended that we evaluate the continuing need for the court
psychologists due to the abrupt change in the number of referrals they received
because of a change in Administrative Order No. 2.601 (which reduced the number
of competency evaluations per defendant) and budgetary restraints at the state
level, which the Court relies on to pay for these evaluations. As we have seen
the number of cases coming into Court Psychology decrease, we stopped filling
positions. Last year, the Public Safety Department approached the Youth
Services Department about transitioning the two remaining long-time County
staff to Highridge Family Center, where their skills
could be utilized within the juvenile population and still accessible to the
Court. Of the five psychologist positions, four have either resigned or
retired. Two forensic psychology positions (one vacant and one filled) were
transferred to the Youth Services Department during the County’s budget process
on September 13, 2022. Countywide
(SF)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends motion to approve: The Second Amendment to Contract for
Onsite Occupational Physician Services (R2022-0367) with Concentra for
Physician/Medical Director Services at the County occupational health clinic
for the period of April 12, 2023 through April 11, 2025 with one (1) additional
two (2)-year renewal option at the County’s sole discretion in a not-to-exceed
amount of $1,043,023. Summary: In April of 2022, after a competitive bid process, Risk Management entered
into a one (1) year contract with Concentra for on-site occupational health
physician services 5 days per week, 8 hours per day. The contract contained a provision allowing
the County to exercise two (2), two (2)-year renewals, at the County’s sole
discretion. The contract also contained
annual Consumer Price Index increases at an amount not to exceed 3%. On
December 20, 2022 the First Amendment to the Contract was approved (R2022-1548)
to allow for lab services and additional staffing as necessary to meet time
sensitive deadlines and/or staffing shortages. This Second Amendment exercises
the first of the two (2), two (2)-year renewal options, extending the term of
the agreement to April 11, 2025, and accounts for the annual Consumer Price
Index increases. Countywide (HH)
2. Staff recommends motion to approve: a one (1) year
contract with DSS Sustainable Solutions USA, Inc., (DSS), for
professional/consultation e-learning services with a retroactive commencement
date of February 28, 2023 in the amount of $72,552 for the first year, with
four (4) automatic one (1) year renewals in the amount of $71,772 annually, for
a total not-to-exceed contract amount of $359,640. Summary:
Risk Management has used e-learning as a training tool for many years to ensure
County employees have all the necessary safety and health training in
accordance with applicable regulations and County policies. Because this contract covers training, it is
exempt from the Purchasing Code; however, Risk Management performed an
extensive review of the marketplace including obtaining quotes from other
vendors for like services. After this
review, DSS was selected as the agency that best meets the County’s needs. This
selection was based on quality of training, customization options, and overall
cost. After the selection, Risk Management worked with DSS and the County Attorney’s Office to create a five (5) year
contract that allows for annual opt-out options after sixty (60) days notice is given. The contract has a retroactive start
date of approximately one month to allow for continuous service while the
contract was being negotiated and brought to the BCC for final approval. As
part of this Contract, the vendor requires the County to enter into a Support,
Warranty & License Agreement that contains a limitation of liability
provision different from the County’s standard requirements, which limits DSS’s
liability to $1,000,000. Risk Management and the County Attorney’s Office
approved of the non-standard liability provision. Countywide (HH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
BB. YOUTH SERVICES
1. Staff
recommends motion to receive and file: a Contract for Consulting/Professional
Services with Children’s Services Council of Palm Beach County (CSC) and
McArthur’s Own, Inc., for professional/facilitation services in relation to the
update of the Youth Master Plan, for the period January 21, 2023, through December
23, 2023, in an amount not to exceed $35,000.
Summary:
The Youth Master Plan for Palm Beach County (YMP) was published in 2016 and
provided a blueprint for setting priorities and taking action to improve the
lives of children and youth in Palm Beach County. Many changes have occurred since 2016,
including but not limited to, the COVID-19 pandemic, which had significant
impact on children. This Contract will
provide for McArthur’s Own, Inc. to plan and facilitate community conversations
for the development of the YMP 2.0. CSC
has agreed to equally share the cost of this Contract. Facilitation Services are exempt from the
Purchasing Code and the contract amount threshold permitted the Contract to be
signed by the Director of Purchasing.
The Director of Purchasing executed the Contract on February 7,
2023. McArthur’s Own, Inc. has received
certification as a Small/Minority/Women Business Enterprise with the Office of
Equal Business Opportunity. Countywide
(HH)
2. Staff
recommends motion to approve:
A) a Contract for Consulting/Professional Services with Julia Dyckman Andrus Memorial, Inc. (d/b/a
ANDRUS Sanctuary Institute) (ANDRUS), for recertification of the Palm
Beach County Youth Services Department (YSD) as a trauma informed care provider
using the Sanctuary ModelSM (Sanctuary) in
the amount of $27,880, from April 4, 2023, through September 30, 2025; and
B) a Budget Transfer of $7,889 in
the General Fund from the Evidence-Based Programming unit (Unit 1451) to Trauma
Informed Care unit (Unit 2900) to fund the cost associated with the Contract
for year one.
Summary: In 2019, YSD’s Highridge Family Center (Highridge) received its initial certification as a trauma
informed care provider using the Sanctuary ModelSM. In July 2020, the Board approved a Contract
for Consulting/Professional Services with ANDRUS for the Sanctuary
recertification of Highridge as well as Sanctuary
certification of all of YSD. In
September 2022, YSD received Sanctuary certification.
Approval of this contract will continue the recertification process of YSD,
which occurs every three (3) years. Countywide
(HH)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
CC. INTERNAL AUDITOR
1. Staff
recommends motion to receive and file:
A) Audit report reviewed by the Audit Committee
at its March 15, 2023 meeting as
follows:
1. 2023-03
Information Systems Services - IT Systems Access Controls
(2022-02), and
2. 2023-04
Facilities Development and Operations - Electronic Services and
Security- Contractors and After-Hours
(2021-05), and
3. 2023-05
Fire Rescue - Operations Reporting (2021-02).
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. At its meeting
on March 15, 2023 the Internal Audit Committee reviewed the attached audit
reports. We are submitting these reports to the Board of County Commissioners
as required by the County Code. Countywide (DB)
DD. SHERIFF
1. Staff recommends motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a High Intensity Drug Trafficking Area (HIDTA) Program grant in
the amount of $105,154 for the Palm Beach Narcotics Task Force, for the period
of January 1, 2023 through December 31, 2024; and
B) approve a budget amendment of $105,154 in the Sheriff’s Grant Fund.
Summary: On March 6, 2023,
the Palm Beach County Sheriff’s Office (PBSO) received a grant award from the Office of National Drug Control Policy
(ONDCP) in the amount of $105,154 for the period of January 1, 2023 through
December 31, 2024. The funds will be
used for overtime and other expenses to support the Palm Beach Narcotics Task
Force investigations. There is no match requirement associated
with this award. The Catalog of
Federal Domestic Assistance (CFDA) number is 95.001 and the contract
number is G23MI0011A. Countywide
(RS)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF (cont’d.)
2. Staff recommends motion to: receive and file a Modification #5 to Subgrant
Agreement between the Florida Division of Emergency Management and the Palm
Beach County Sheriff’s Office, to extend the grant period through June 30, 2023. Summary: The Board of County Commissioners (BCC) accepted this grant for $461,000
on December 17, 2019 (R2019-1941). The SHSGP Program provides funding
for enhanced domestic security. On
April 6, 2021, the BCC approved an extension through September 30, 2021
(R2021-0452). On October 19, 2021, the
BCC approved an extension through March 31, 2022 (R2021-1565). On May 3, 2022, the BCC approved an extension
through September 30, 2022 (R2022-0453). On September 13, 2022, the BCC
approved an extension through December 31, 2022 (R2022-1007). This agenda item will extend the grant period
through June 30, 2023. The Catalog of Federal Domestic
Assistance (CFDA) Number for this program is 97.067 and the contract number is
R0096. Countywide (RS)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF RESILIENCE
1. Staff
recommends motion to:
A)
ratify the signature of the Mayor on an Urban Agriculture and Innovative
Production
(UAIP) Program grant application submitted to the U.S. Department of
Agriculture (USDA) on March 27, 2023, requesting $250,000 to fund an assessment
of small-scale, urban and innovative farming opportunities in Palm Beach
County; and
B)
delegate authority to the
County Administrator or designee to execute the forthcoming grant project
agreement and all future time extensions, task assignments, certifications, and
other forms associated with the forthcoming grant agreement and any necessary
minor amendments that do not change the scope of work, or conditions of the
forthcoming grant agreement by more than 20% of the agreement, if funding is
awarded; and
C)
authorize the Director of the Office of Resilience (OOR) to serve as designee and
liaison with USDA for this project.
SUMMARY: OOR and the Cooperative Extension Office
have applied for a USDA UAIP planning grant to increase food resilience through
sustainable, urban agriculture in Palm Beach County. The team will collaborate
with County departments and stakeholders to develop a plan to increase community
food access and opportunities for small-scale, sustainable urban farming while
demonstrating economic and environmental benefits. This project will prioritize
historically underserved communities with high food insecurity. No match is required for this grant. Due to grant-related items requiring timely
execution by the County, staff is requesting Board
approval for the County Administrator or designee to approve grant documents
and for the OOR Director to act as the designee and liaison for this project.
If the grant funding is awarded, the grant term will begin September 30, 2023
and end three (3) years after execution on September 29, 2026. USDA’s timeframe
for this application did not allow for prior approval by the Board of County
Commissioners (BCC). To meet the grant
application deadline, Mayor Weiss approved the authorization of OOR’s Director
to act as an Authorized Organization Representative and to sign the grant
application on behalf of the Board as authorized by Palm Beach County
Administrative Code, Section 309.00. The code requires the grant application be
presented to the BCC for approval at the next available meeting after signature
by the Mayor. Countywide (RM)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF RESILIENCE (cont’d.)
2. Staff
recommends motion to:
A)
authorize the County
Administrator or designee to pursue funding from the U.S. Department of
Energy’s (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program,
for which the County is entitled to $652,450 through the DOE’s formula
non-competitive grant funding allocation; and
B)
delegate authority to the County Administrator or designee to
complete and sign the EECBG Program Pre-Award Information Sheet, due April 28,
2023; and
C)
authorize the County
Administrator or designee to coordinate among the County departments to assess
potential County projects that would qualify and select the project/projects
for which the County will apply through the EECBG program; and
D)
delegate authority to the
County Administrator or designee to sign all grant application forms and supporting
documents and complete all registration requirements; and
E)
delegate authority to the
County Administrator or designee to execute the forthcoming grant agreement and
all future time extensions, task assignments, certifications, and other forms
associated with the forthcoming grant agreement and any necessary minor
amendments that do not substantially change the scope of work, terms, or
conditions of the forthcoming grant agreement.
Summary: The
DOE EECBG Program provides funding for projects and programs that cut carbon
emissions, improve energy efficiency, and reduce energy use. The funding is
flexible and can be used for a wide variety of activities including strategy
development, technical assistance, energy audits, financial incentives, energy
retrofits, and renewable energy technology for both buildings and
transportation. Local governments can apply now through January 2024. The
Office of Resilience (OOR) is facilitating the project application process and
collaborating with County departments to identify projects for County
Administration to consider. No match is
required for the grant. Countywide (RM)
APRIL 4, 2023
3. CONSENT
AGENDA APPROVAL
EE. OFFICE OF RESILIENCE (cont’d.)
3. Staff
recommends motion to delegate authority to:
A)
the County
Administrator or designee to pursue funding from the U.S. Environmental
Protection Agency (EPA) Environmental Justice Government-to-Government Program
(EJG2G) for a $1,000,000 grant, estimated to begin on the date of contract
execution in December 2023 and ending after three (3) years in November 2026; and
B)
the County Administrator or
designee to sign all grant application forms and supporting documents and
complete all registration requirements; and
C) the County Administrator or designee to execute the forthcoming grant
agreement and all future time extensions, task assignments, certifications, and
other forms associated with the forthcoming grant agreement and any necessary
minor amendments that do not change the scope of work, or conditions of the
forthcoming grant agreement by more than 20% of the agreement, if funding is
awarded.
Summary: The Office of Resilience, Parks and Recreation Department, Cooperative
Extension, Information Systems Services, and community stakeholders are
collaborating on a project to improve air quality and reduce heat islands in
Western Palm Beach County through tree planting activities in local parks. The
proposed project will help the Parks and Recreation Department execute its regreening strategy and help the County reduce climate
change impacts. No match is required for
this grant. District 6 (RM)
* * * * * * * * * * * *
APRIL 4, 2023
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring April 4, 2023 as Lois Pope Day. (District 5)
B) Proclamation declaring April 23, 2023 as Coach Marty Riger
Day. (District 7)
C) Proclamation
declaring April 2023 as Second Chance Month.
(District 2)
D) Proclamation declaring April 22, 2023 as Earth Day. (District 7)
E) Proclamation
declaring April 2023 as Drowning Prevention Awareness Month. (District 2)
F) Proclamation
declaring April 10-14, 2023 as National Community Development Week. (District
7)
G) Proclamation
recognizing Audrey Wolf for Her 32 Years of Service. (District 2)
H) Certificate of Appreciation to PBSO Community Policing Deputies for
their exemplary services, outstanding commitment, and dedication to the
community policing efforts to improve the quality of life for residents in Palm
Beach County. (District 1)
I) Proclamation declaring April 25, 2023 as
Parental Alienation Awareness Day. (District 5)
J) County Investment Portfolio Update - Clerk of the Circuit Court &
Comptroller, Palm Beach County presentation.
* * * * * * * * * * * *
5. REGULAR AGENDA
A. AIRPORTS
1. Staff recommends motion to approve:
Amendment No. 7 to the
General Consulting Agreement with RS&H, Inc.
for Consulting/Professional Services in the amount
of $1,109,482.80 for the performance of professional Construction
Administration (CA) and Resident Project Representative (RPR) services for the Concourse B Expansion - Package 1 project at Palm Beach International
Airport (PBI). Summary: The Consulting Agreement with RS&H, Inc.
for general airport
planning and design was approved by the
Board on May 7, 2019
(R2019-0612) in the amount of $2,004,570.58 in order to carry out the approved Capital
Improvement Programs for the County's Airports. Amendment No. 1 was approved by the Board on May 5, 2020 (R2020-0414) increasing the amount of the contract by $2,304,608.30. Amendment No. 2 was approved by the Board on
October 20, 2020 (R2020-1607) increasing the amount of the contract by
$3,196,990.03. Amendment No. 3 was approved
by the Board on May 4, 2021 (R2021-0576) exercising
the first one (1) year renewal
option for the continuation of services provided
under this agreement. Amendment No. 4 was
approved by the
Board on June
15, 2021 (R2021-0844) increasing the
amount of the contract by $2,644,110.87. Amendment No. 5 was approved by the Board on
March 22, 2022 (R2022-0263) increasing the amount of the contract
by $1,325,943.87 and exercising the second and final one
year renewal option.
Amendment No. 6 was approved
by the Board on January 24, 2023 (R2023-0103) increasing the amount of
the contract by $1,175,706.57.
Amendment No. 7 will provide an additional $1,109,482.80 to complete Task I Services - Concourse B Expansion Package
1 - CA and Partial
RPR Services. RS&H, Inc. is a Jacksonville, Florida based firm;
however, the majority
of the work to be completed in this
agreement will be managed
through their Fort Lauderdale, Florida
offices in conjunction with several Palm Beach
County-based and South Florida-based sub-consultants and firms. A Disadvantaged Business Enterprise (DBE)
goal of 18% was set
for this contract. RS&H, Inc. committed
to 23% DBE participation for this agreement. The anticipated DBE participation
based upon the approved tasks is 35.07%. The current paid to date DBE
participation is 34.14%. The DBE participation for this Amendment is 10.23%.
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)
APRIL 4, 2023
5. REGULAR AGENDA
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff requests Board direction regarding: Amending Resolution No. R2017-1096 relating to
personnel classifications and pay grades for County Commission Administrative
Assistants and County Commission Secretaries.
Summary: On January 31, 2023, the Board directed
staff to return with options for budgetary/staffing changes based on
recommendations provided by the Board of Commissioners. Suggestions from the
Board included providing flexibility to hire a new Commission staff member 10%
above the minimum of the pay grade minimum or providing a fixed budget which
allows the Commissioners the flexibility to hire the number of staff they want
at the rate of pay they want dependent upon the hire’s experience. Countywide (DO)
C. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends a motion to approve:
A) a Lease Agreement
with John C. Bills Enterprises, Ltd (Landlord) for approximately 12,497 square
feet of office space for a term of five years with one five-year renewal option
at an initial annual rate of $374,910 ($30.00/sf); and
B) a Budget Transfer in the amount of $10,000 in the
Contingency Reserves Fund to setup a transfer and allocate funds to
Rent-Building for the Lease Agreement with John C. Bills Enterprises, Ltd.
SUMMARY:
This
Lease Agreement (Agreement) is for approximately 12,497 square feet of office
space for use by the Palm Beach County Sheriff's Office (PBSO). The term of the
lease is for five (5) years with the option to extend for one additional term
of five (5) years. The gross rent is
$374,910 per year ($30.00/sf) and will be adjusted based on the Consumer Price
Index (CPI), not to exceed 7%. Tenant improvements required by PBSO will be
performed by the Landlord at its sole cost and expense. County will be
responsible for utilities and custodial and pest services. (Property & Real
Estate Management) District 1
(HJF)
APRIL 4, 2023
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS
(cont’d.)
2. Staff recommends motion to approve:
A) an Agreement for Purchase and Sale of a 1.3
acre parcel of vacant land located north of Indiantown Road and east of Bee
Line Highway from Ann Frances Gwinnell and William
Scott Gwinnell for $20,150 plus closing, title
insurance and recording costs estimated to be $515;
B) a Memorandum of Agreement with Ann Frances Gwinnell and William Scott Gwinnell;
C) an Agreement for Purchase and Sale of a 1.3
acre parcel of vacant land located north of Indiantown Road and east of Bee
Line Highway from Neville Washington and Laurel Washington for $20,150 plus
closing, title insurance and recording costs estimated to be $515;
D) a Memorandum of
Agreement with Neville Washington and Laurel Washington;
E) an Agreement for Purchase and Sale of a 1.5
acre parcel of vacant land located north of Indiantown Road and east of Bee
Line Highway from Laurel Washington, Neville Washington, Lance Washington and
Dave Washington for $23,250 plus closing, title insurance and recording costs
estimated to be $535; and
F) a Memorandum of
Agreement with Laurel Washington, Neville Washington, Lance Washington and Dave
Washington;
APRIL 4, 2023
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS
(cont’d.)
2. SUMMARY: On November 2,
2021, the Board of County Commissioners (Board) approved a Fiscal Strategy for
the spending of American Rescue Plan Act (ARPA) funds, which included an
allocation of $4,000,000 for the acquisition of environmentally sensitive
lands. The parcels owned by Ann Frances Gwinnell and
William Scott Gwinnell (Gwinnell
parcel), Neville Washington and Laurel Washington (Washington parcel), Laurel
Washington, Neville Washington, Lance Washington and Dave Washington
(Washington Family parcel), are interior parcels located in an area known as
Palm Beach Heights (part of the Pal-Mar Ecosite). The Pal-Mar Ecosite
is part of a large ecological greenway that stretches from just west of the
Atlantic Ocean to just east of Lake Okeechobee.
The area provides habitat for a wide variety of native plants and
animals and it is part of a hydrologically significant region that includes the
headwaters of the federally designated Wild and Scenic Northwest Fork of the
Loxahatchee River. Hence its value as environmentally sensitive land. Palm
Beach Heights is an old, non-confirming subdivision and, as described in the
County’s “Report on Lack of Development Potential of Palm Beach Heights Parcels
– April 2017,” most of its parcels, including the subject parcels, cannot meet
current land development regulations and are therefore, unbuildable. Appraisals were obtained from Anderson & Carr, Inc. and M.R. Ford & Associates, Inc. who
assigned a $15,000 and $16,000 per acre value for interior Palm
Beach Heights parcels, respectively. Callaway & Price, Inc. reviewed
the appraisals and concluded a reasonable aggregate value of $15,500 per acre
for interior Palm Beach Heights parcels, which is the
basis of the offers. The Agreements
allow for the County’s due diligence review of the parcels within 45 days of
Board approval. The County will pay
title insurance policy premiums, closing and recording costs estimated to be
$515 for the Gwinnell parcel, $515 for the Washington
parcel and $535 for the Washington Family parcel. The Environmental Resources
and Management (ERM) Department will perform pre-acquisition environmental
assessments for the parcels prior to closing.
Boundary surveys will not be obtained for any of the parcels due to
their remote locations. ERM will be
responsible for the administration of the parcels. All costs related to the acquisitions will be
paid from existing funds received from the ARPA Response Replacement Fund. These are County ARPA Response Replacement
funds that do not require a local match.
These acquisitions must be approved by a supermajority vote (5
Commissioners). (Property & Real
Estate Management) District 1 (HJF)
APRIL 4, 2023
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS
(cont’d.)
3. Staff recommends motion to:
A) Consider/Waive
Conflict disclosed by Verdex Construction, LLC (Verdex) in its proposal in response to the County’s Request
for Proposals (RFP) for Construction Manager (CM) at Risk Services, the Vista
Center Expansion (Building Division) Project No. 2022-020957 (Project); and
B) Ratify the Final
Selection Committee’s recommendation for award to Verdex;
and
C) Authorize the
Facilities Development & Operations Department (FDO) to prepare a contract
with Verdex for the Project.
SUMMARY:
The
RFP to select a CM for the Project was advertised on November 6, 2022 with
Final Selection taking place on January 31, 2023; all in accordance with the
County’s policy and procedures memorandum (PPM) CW-O-092. The County’s Final
Selection Committee recommended award to Verdex. In
its proposal, Verdex disclosed a conflict of interest
and its receipt of an ethics opinion from the County’s Committee on Ethics
(COE). Under PPM CW-O-092, FDO is required to disclose this conflict to the
Board of County Commissioners (Board) for consideration/waiver of the conflict,
ratification of the Final Selection Committee’s recommendation and
authorization for FDO to prepare a contract with the recommended awardee which
contract will be submitted to the Board for approval. The Project involves the
selection of a CM to provide construction management at risk services
consisting of pre-construction services, developing a guaranteed maximum price,
and construction for the approximately 20,000 square foot expansion of office
and support space to serve the needs of the Building Division in the County’s
Planning, Zoning and Building Department (Vista Office Building) located at
2300 North Jog Road in West Palm Beach. Verdex in its
proposal disclosed that its President, Rex Kirby, is a member of both the
County’s Construction Board of Adjustments and Appeals (CBAA) and the
Infrastructure Surtax Independent Citizen Oversight Committee (ISICOC) and that
Verdex had obtained an ethics opinion from the
County’s COE. The COE found that both boards were purely advisory with 1) the
CBAA being purely advisory and having no contract oversight for this contract,
requiring the conflict to be disclosed to the Board; and 2) the ISICOC being
advisory but having contract oversight therefore, requiring the conflict to be
disclosed to, and waived by, the Board. (Capital Improvements Division) District
7 (MWJ)
APRIL 4, 2023
5. REGULAR AGENDA
D. ADMINISTRATION
1. Staff recommends motion to receive and file: Mid-Session Legislative Update for the 2023
State Legislative Session. Summary:
County staff will present the 2023 Mid-Session Legislative Update to inform the
Board of County Commissioners of what has transpired during the first half of
the 2023 State Legislative Session. The update will include updates of the
County’s legislative and appropriation priorities that were approved by the
Board of County Commissioners on January 10, 2023. Countywide (AH)
* * * * * * * * * * * *
APRIL 4, 2023
6. BOARD
APPOINTMENTS
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
APRIL 4, 2023
7. STAFF
COMMENTS
A. ADMINISTRATION
COMMENTS
1. Staff recommends motion to receive and file: The updated Board Directive
Reports which include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County
Commissioners Meeting, direction was given to the County Administrator to
submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2)
Completed Items. The report continues
to be updated on an on-going basis. Countywide
(DC)
B. COUNTY ATTORNEY
APRIL 4, 2023
8. COMMISSIONER
COMMENTS
District 1 – COMMISSIONER MARIA G. MARINO
Requesting approval for off-site Proclamation
recognizing the 15th Anniversary of Bella’s Angels
Inc. (Off-site date 4/16/23)
Requesting approval for off-site Proclamation declaring May 21-27, 2023
as Emergency Medical Services Week. (Off-site date 5/18/23)
District 2 – COMMISSIONER GREGG K. WEISS
Requesting approval for off-site
Proclamation declaring April 9-15, 2023 as Palm Beach County
Public Safety Telecommunicators Week.
(Off-site date 4/6/23)
Requesting approval for off-site Proclamation declaring April 23-29,
2023 as National Crime Victims’
Rights Week. (Off-site date 4/24/23)
Requesting approval for off-site Proclamation declaring April 2023 as
Child Abuse Prevention and Volunteer Appreciation Month.
District 3 – COMMISSIONER MICHAEL A. BARNETT
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
APRIL 4, 2023
9. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
APRIL 4, 2023
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."