8:00
am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS, DELETIONS, & SUBSTITUTIONS
JUNE 6, 2023
PAGE ITEM
31 4E *REVISED: Proclamation recognizing Joe Bergeron for his “40”
Years of Service.
34 5C1 *REVISED SUMMARY / (FDO) / 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 Joseph
Tomacic and Mary Tomacic (Tomacic parcel), Philip G. Rathof (Rathof
parcel), and Edward D. Quinn, Jr. (Quinn 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. 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 $525 for
the Tomacic parcel, and $525 for the Quinn 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)
NOTE:
Items that were revised, added, deleted, or
backup submitted and were not listed on the preliminary addition/deletion sheet
distributed to the Board the prior day are noted with an asterisk (*).
* * * * * * * * * * *
ORDER OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JUNE 6, 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 7-30)
4. SPECIAL
PRESENTATIONS (Page 31)
5. REGULAR AGENDA
(Pages 32 - 34)
6. BOARD APPOINTMENTS (Page 35)
7. STAFF
COMMENTS (Page 36)
8. BCC COMMENTS (Page 37)
9. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 38)
10. ADJOURNMENT (Page 39)
* * * * * * * * * * *
JUNE 6, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 7
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Reports of County Officials Bonds
C. ENGINEERING & PUBLIC WORKS
Page 7
3C-1 Supplement No. 1 under the Annual
Intersection Improvements Services Contract with Propel Engineering, Inc. for
professional services.
Page 8
3C-2 Approve contract with B&B Underground
Construction, Inc. for the construction of the Highview Road Drainage
Improvements; receive/file Interlocal Agreement with City of Boynton Beach for
joint participation and project funding for construction of utility
adjustments; and approve Budget Amendment.
Page 9
3C-3 Approve Traffic Signal Design Professional Continuing
Services Contract with Simmons & White, Inc.; and Traffic Signal Design
Professional Continuing Services Contract with HBC Engineering Company.
D. COUNTY ATTORNEY
Page 9
3D-1 Approval Legal Services Agreement with Kaplan
Kirsch & Rockwell LLP for legal services.
Page 10
3D-2 Approve Second Amendment to contract with
Furr and Cohen, P.A. to increase the amount.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 11
3G-1 Approve a negotiated settlement for full
satisfaction of code enforcement lien.
3G-2 Approve
a Budget Amendment to establish a budget for the bond process, costs of
insurance, and project costs in the 34.55M NAV Pub Imp Rev Bonds.
3G-3 Approve a Budget Amendment to establish a
budget for the bond proceeds, costs of insurance, and project costs in the
86.5M NAV Pub Imp Rev Bonds.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 12
3H-1 Contract with WGM Quality Painting, Inc. for
annual painting and weatherproofing services.
JUNE 6, 2023
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (cont’d.)
Page 13
3H-2 Approve annual contract with JF Acquisition,
LLC for general minor construction services.
Page 14
3H-3 Consultant Services Authorization with Currie
Sowards Aguila Architects, Inc. for the Fire Rescue Station No. 27 Restroom
Renovations project.
Page 15
3H-4 Work Order No. 23-004 to the annual
electrical contract with Protect Video, Inc. for the North County Aquatic
Center – Pool Heat Pump Replacement project
Page 16
3H-5 Approve annual contract with Saffold Paving,
Inc. for asphalt, pavers and pathway construction services.
Page 17
3H-6 Approve annual contracts with Key Mechanical
Services, Inc. and Air Conditioning Filters Plus, Inc. for an as needed basis.
Page 18
3H-7 Approve Sovereignty Submerged Lands Lease
Renewal at Ocean Inlet Park Marina located at Ocean Ridge.
3H-8 Approve Utility Easement with FPL for
overhead and underground electrical services and above ground pad-mounted
transformer to service the new Fire Station No. 40 Facility located at White
Feather Trail.
K. WATER UTILITIES
Page 19
3K-1 Two
executed Standard Potable Water and Wastewater Development Agreements; along
with Amendment to Standard Potable Water with Boca Raton Associates IX, LLLP.
Page 20
3K-2 Approve
Change Order No. 2 with Insituform Technologies, LLC for the Sanitary Sewer
Collection System Rehabilitation project for a contract extension of time.
JUNE 6, 2023
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 20
3L-1 Amendment No. 1 to the Material Removal
Agreement with Florida Inland Navigation District to provide for the upfront
payment.
Page 21
3L-2 Approve Governmental Agreement with South
Florida Water Management District for collection and analysis of water quality
data in Lake Worth Lagoon; and authorize County Administrator or designee.
3L-3 Approve Supplemental with Aptim
Environmental & Infrastructure, LLC for a decrease amount and removing
provisions for sea turtle monitoring.
M. PARKS & RECREATION
Page 22
3M-1 Entertainment Contractor Agreement with NHS
Consulting Inc. for the Legends of Motown concert.
3M-2 Sound and Light Production Service Contractor
Agreement with Sanderford Sound, Inc. for the Legends at Motown concert.
Page 23
3M-3 Downward Budget Amendment in the Park
Improvement Fund that the Department was ineligible to receive.
Q. CRIMINAL JUSTICE COMMISSION
Page 23-24
3Q-1 Ratify the Mayor’s signature for grant
application on Justice Assistance grant application; and authorize County
Administrator or designee.
U. INFORMATION SYSTEMS SERVICES
Page 24
3U-1 Interlocal Agreement to provide support
services with the Town of Jupiter.
Page 25
3U-2 Interlocal Agreement for application hosting
services with St. Johns County Clerk; and authorize County Administrator or
designee.
JUNE 6, 2023
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 26
3X-1 Agreements with Barry University, Inc. and
Nova Southeastern University, Inc. for mental health consulting services for
student interns.
Page 27
3X-2 Amendment 6 with Florida Council Against
Sexual Violence revising Amendment 5 to provide sexual assault services.
CC. SHERIFF
Page 28
3CC-1 Accept Sub-Recipient Agreement for Federal
Grant Funding Assistance with Florida Department of Law Enforcement; and
approve Budget Amendment.
3CC-2 Federally Funded Sub-Award and Grant Agreement
for FY19 State Homeland Security Grant; and approve Budget Amendment.
Page 29
3CC-3 Grant Modification 2 with the State of Florida,
Division of Emergency Management to extend the grant period.
3CC-4 Modification 3 to Subgrant Agreement to extend grant period.
Page 30
3CC-5 Federal Railroad Administration FY2022 Law
Enforcement Strategies grant award for Reducing Trespassing.
SPECIAL
PRESENTATIONS
Page 31
4A Gerry O’Reilly Day
4B Code Enforcement Officers
Appreciation Week
4C National Gun Violence
Awareness Day
4D Alzheimer’s Community Care
Day
4E Joe Bergeron Years of
Service
4F Juneteenth Day
4G American Association of Caregiving Youth
Day
4H Certificate
of Recognition Marsha Solomon
4I Palm
Beach County Veteran Service Officers Appreciation Month
JUNE 6, 2023
TABLE OF CONTENTS
REGULAR AGENDA
A. ADMINISTRATION
Page 32
5A-1 2023 Legislative Session Report.
B. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 32
5B-1 Approve preliminary reading and to advertise
for Public Hearing Ordinance for the Unified Land Development Code Impact Fees.
C. FACILITIES DEVELOPMENT AND OPERATIONS
Page 33 - 34
5C-1 Approve the purchase of vacant land.
BOARD
APPOINTMENTS (Page 35)
STAFF COMMENTS (Page 36)
COMMISSIONER COMMENTS (Page 37)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 38)
ADJOURNMENT (Page 39)
JUNE 6, 2023
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting Type
February
07, 2023 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
4. Staff recommends
motion to:
A) review for sufficiency
Report of County Officials Bonds dated January 2023, and
B) receive and
file Report of County Officials Bonds dated June 2023.
Summary: Ordinance No. 98-51 sets the various bond amounts for specified County
officers and provides for examination of the sufficiency of all the bonds at
the regular meeting of the Board of County Commissioners in January and June of
each year. Countywide (DB)
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to approve: Supplement No. 1 (Supplement) to the Work Task Order (WTO) dated May 6, 2021 under the Annual Intersection Improvements Services Contract (R2020-0542), dated June 2, 2020 (Contract) with Propel Engineering, Inc. (PEI) in the amount of $114,548.77 for professional services for the Belvedere Road and SR 7 Intersection Improvements (Project). SUMMARY: Approval of this Supplement will provide the professional services necessary to prepare construction plans for the intersection improvements. The original WTO provided analysis of three different alternatives. This supplement will now provide services to design construction plans for the approved alternative. The Contract was presented to the Goal Setting Committee (GSC) on May 1, 2019. The GSC applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. PEI has agreed to 89% SBE participation for the Contract. They agreed to 100% SBE participation for this Supplement. Their cumulative SBE participation to date for the Contract including this Supplement is 94.22%. PEI has an office located in Palm Beach County and is a certified SBE company. Prior to this meeting date, approximately $1,152,453.02 has been encumbered under this Contract. District 6 (YBH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to:
A) approve
a contract with B & B Underground Construction, Inc. (B&B) in the
amount of $698,935 with a contract time of 270 calendar days for the
construction of the Highview Road Drainage Improvements (Project);
B) receive
and file an interlocal agreement (ILA) with the City of Boynton Beach
(City) for joint participation and project funding for construction of utility
adjustments in the amount of $82,281.25 for
the Project; and
C) approve a Budget Amendment of $82,282 in the
Transportation Improvement Fund to recognize reimbursement funding from the
City and appropriate it to the Project.
SUMMARY: Approval of this contract and Budget Amendment
will authorize the construction services necessary to provide drainage
improvements to Ridge Road, Highland Road, and Highview Road, between Summit Road and Overlook Road, and Overlook
Road between Ridge Road and Highview Road.
The Project was presented to the Goal Setting Committee (GSC) on October 5,
2022. The GSC applied an Affirmative Procurement Initiative of a 20% minimum
mandatory Small Business Enterprise (SBE) participation. B&B agreed to 100% SBE participation. Bids for the contract
were received by the Engineering Department on December 13, 2022. Approval of
the Budget Amendment will recognize the reimbursement funding from the City, as
agreed to in the ILA, for utility work they requested. The City shall be
responsible for operation and maintenance of their utility work upon completion
of the Project. The ILA with the City was approved by the County Engineer 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, all delegated contracts, agreements and grants must be submitted by
the initiating department as a receive and file as part of the corresponding
agenda item. B&B was the lowest responsive bidder of four bidders. The
contract time for the Project is 270 calendar days. B&B has an office located in Palm Beach County and is a certified SBE
company. This Project is included
in the Five-Year Road Program. District 7 (YBH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve:
A) the
Traffic Signal Design Professional Continuing Services Contract with Simmons & White, Inc. (S&W) to
be in effect for 36 months from the date of approval by the Board of County
Commissioners (BCC); and
B) the Traffic Signal Design Professional
Continuing Services Contract
with HBC Engineering Company (HBC) to be in effect for 36 months from the date
of approval by the BCC.
SUMMARY:
Approval of these contracts will
provide the professional engineering services necessary for traffic signal
design throughout Palm Beach County (County) on a consultant service
authorization basis. The contract period for these contracts is thirty-six
months from the date of approval by the BCC. The Affirmative Procurement
Initiatives selected for these contracts on January 5, 2022 by the Goal Setting
Committee are a 20% minimum mandatory
Small Business Enterprise (SBE) participation and an SBE evaluation preference.
S&W agreed to 28% SBE participation for the contract. HBC agreed to 93% SBE
participation for the contract. On January 5, 2023, the Consultant’s Competitive
Negotiations Act Selection Committee selected S&W and HBC and, in
accordance with PPM CW-O-048, the BCC was notified of the selection on January
6, 2023. S&W and HBC have offices located in the County. HBC is a certified
SBE company. Countywide (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Legal Services Agreement between
Palm Beach County and Kaplan Kirsch & Rockwell LLP for legal services in an
amount not to exceed $322,500 for the period August 31, 2023, through September
30, 2025, with two additional two-year renewal periods. Summary: This Agreement is for expert legal
services with Kaplan, Kirsch & Rockwell in an amount not to exceed $300,000
plus $22,500 for out of pocket expenses for various legal matters requiring
expertise in aviation law. This Agreement is necessary for the continued
legal services by Kaplan, Kirsch and Rockwell, whose current contract expires
on August 30, 2023. Countywide (AH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (cont’d.)
2. Staff recommends
motion to approve: Second Amendment to Contract for Professional
legal Services By and Between Palm Beach County and Furr and Cohen, P.A., to
increase the contract amount by $30,000.
Summary: On January 10, 2022, the County Attorney’s Office entered into a
contract with Furr and Cohen, P.A. (the Contract) for pre-suit legal services
to be provided to the County and four additional taxing authorities: The School District of Palm Beach County; The
Town of Palm Beach; The Health Care District of Palm Beach County; and the
Children’s Services Council of Palm Beach County (the taxing authorities). The taxing authorities were threatened with a
lawsuit by a bankruptcy trustee who sought reimbursement of property taxes paid
in 2013 and 2014 by individuals alleged to have made fraudulent transfers of
funds received as part of a Ponzi scheme, in order to pay those taxes. The taxing authorities each entered into
contracts for representation with Furr and Cohen, with each bearing a
percentage of the total legal expenses proportional to their potential
liability. The County’s potential
liability is approximately $125,000, which is approximately 28% of the amount
sought by the trustee. The County’s Contract was in the amount of $10,000, and
was executed by the County Attorney. The
taxing authorities determined to challenge the bankruptcy trustee’s claim, and
when suit was filed, the County executed a First Amendment to the Contract to
expand the scope of legal representation, and to increase the not-to-exceed
contract amount to $40,000.00. It is now necessary to increase the contract
amount by an additional $30,000, which is the amount Furr and Cohen estimates
as the County’s share of the total fees necessary to submit and receive a
ruling on a summary judgment motion on behalf of the taxing authorities. A summary judgment ruling will resolve the
outstanding legal issues in this case, including the taxing authorities’
affirmative defenses of sovereign immunity, statute of limitations, and res judicata, among others. Staff recommends approval of this
Amendment. Countywide (HH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated
settlement offer in the amount of $17,802 for the full satisfaction of a code
enforcement lien entered against Walter Ungermann on May 12, 2021. SUMMARY: The
Code Enforcement Special Magistrate (CESM) entered an order on March 6, 2020
for the property owned by Mr. Walter Ungermann, giving him until July 2, 2020 to
bring his property located at 11368 165th Rd N., Jupiter, Florida into full
code compliance. The property was cited for the construction of a fence and
gate without a valid building permit. Compliance with the CESM’s Order was not
achieved, and a fine of $50 per day was imposed. The CESM entered an order imposing a code lien against
Walter Ungermann on May 12, 2021. The Code Enforcement Division (Code
Enforcement) issued an affidavit of compliance for the property on January 27,
2023. The total fine on February 24, 2023 was $44,506, the date on which
settlement discussions began. Ms. Leslie Taylor, heir of Mr. Walter Ungermann,
has agreed to pay Palm Beach County $17,802 (40%) for full settlement of the
outstanding code enforcement lien. District 1 (RS)
2. Staff recommends
motion to approve: a Budget Amendment of $39,487,510 to
establish the budget for the bond proceeds, costs of issuance, and project
costs in the 34.55M NAV Pub Imp Rev Bonds, Series 2023A Capital Project
Fund. SUMMARY: On March 14, 2023, the Board approved Resolution No.
R2023-0371 which authorized the issuance of the Series 2023A Bonds. The tax exempt Series 2023A Bonds are for the
purpose of funding the construction of the Roger Dean Jupiter Stadium Expansion
and to pay the cost of issuance of the bonds.
The bonds, issued for a 25 year term at 4.097%,
will provide the amount needed to fully fund the County’s commitment to the
project. Through an electronic bid process,
the County awarded the sale to BNY Mellon Capital Markets, LLC. The average annual debt service is $2.967
million and interest payments will begin FY 2024. This budget amendment will establish the
budget for the proceeds of the sale of the tax exempt Series 2023A Bonds. Countywide (DB)
3. Staff recommends
motion to approve: a Budget Amendment of $87,630,905 to
establish the budget for the bond proceeds, costs of issuance, and project
costs in the 86.5M NAV Pub Imp Rev Bonds, Tax Series 2023B Capital Project
Fund. SUMMARY: On March 14, 2023, the Board approved Resolution No.
R2023-0371 which authorized the issuance of the Series 2023B Bonds. The taxable Series 2023B Bonds are for the
purpose of funding the construction of the Roger Dean Jupiter Stadium Expansion
and to pay the cost of issuance of the bonds.
The bonds, issued for a 19 year term at 4.720%, will provide the amount
needed to fully fund the County’s commitment to the project. Through an electronic bid process, the County
awarded the sale to Wells Fargo Bank, N.A. Municipal Finance Group. The average annual debt service is $7.112 million
and interest payments will begin FY 2024.
This budget amendment will establish the budget for the proceeds of the
sale of the tax exempt Series 2023B Bonds. Countywide (DB)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an
annual contract with the following contractor for painting and weatherproofing
services on an as-needed basis through April 3, 2028.
Contractor
Status
SBE or Non-SBE
WGM
Quality Painting, Inc.
Local
S/M/WBE
SUMMARY: On April 4, 2023,
the Board of County Commissioners (Board) approved the annual painting and
weatherproofing services contract (R2023-0416 though R2023-0420). The work
consists of painting and weatherproofing services to County-owned properties on
an as needed basis. The Contractor now joins the list of five (5) prequalified
contractors for a total of six (6) prequalified contractors with a contract
expiration date of April 3, 2028. The specific requirements of the work will be
determined by individual work orders issued against this annual painting and
weatherproofing services 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 services 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 painting and weatherproofing services 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 an SBE contractor will be given a price preference for
projects $100,000 or greater 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)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: an annual contract with the following contractor for
general minor construction services on an as-needed basis through February 10,
2025.
Contractor Status SBE
or Non-SBE
JF Acquisition, LLC DBA Non-Local Non-SBE
JF
Petroleum Group
SUMMARY: On February 11,
2020, the Board of County Commissioners (Board) approved the annual minor
construction contract (R2020-0142 through R2020-0151). The work consists of
construction services associated with repairs, improvements and renovations to
County-owned properties on an as needed basis. The Contractor now joins the
list of thirty-seven (37) prequalified contractors for a total of thirty-eight
(38) prequalified contractors with a contract expiration date of February 10,
2025. The specific requirements of the work will be determined by individual
work orders issued against this annual minor construction contract. These
contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $25,000,000 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 minor construction 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 minor construction contract was presented to the Goal Setting
Committee on August 21, 2019 and the Committee established three Affirmative
Procurement Initiatives (APIs): 1) sheltered market for projects under
$100,000; or 2) a small business enterprise (SBE) contractor will be given a
price preference if its bid is within 10% of the lowest non-small business bid
on a single trade project $100,000 or greater; or 3) a mandatory 25% SBE
subcontracting goal for a multi-trade project $100,000 or greater. 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 minor construction contract is 59.13%. (Capital
Improvements) Countywide (MWJ)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H.
FACILITIES DEVELOPMENT &
OPERATIONS (cont’d.)
3. Staff recommends
motion to receive and file: Consultant Services Authorization (CSA) No.
21 to the project specific contract (R2020-1045) with Currie Sowards Aguila
Architects, Inc. (Consultant) in the amount of $22,010 for the Fire Rescue
Station No. 27 Restroom Renovations project.
SUMMARY: On August 25, 2020, the Board of County Commissioners
(Board) approved the project specific contract (R2020-1045) with the Consultant
to provide professional services for the Fire Rescue Comprehensive Fire Station
Capital Improvements Program. CSA No. 21 authorized professional services
necessary for renovations and improvements to the existing restrooms at Fire
Station No. 27 in order to meet Fire Rescue’s new building standards in the
amount of $22,010. In accordance with Policy and Procedure Memorandum (PPM)
CW-F-050, when the cumulative value of changes or additional work exceeds the greater
of $250,000 or 5% of the original contract value (Threshold Amount), then an
agenda item notifying the Board of the item that puts the cumulative value in
the excess category must be presented as a receive and file. The cumulative
value of CSAs, including CSA No. 21, totals $267,275.30. This agenda item is
being submitted to notify the Board that the cumulative value of additional
work is in excess of the $250,000 Threshold Amount established by PPM CW-F-050.
The contract was presented to the Goal Setting Committee on December 4, 2019
and the Committee established Affirmative Procurement Initiatives (APIs) of a
minimum mandatory 25% Small Business Enterprise (SBE) participation and an SBE
evaluation preference for the selection. The Consultant committed to achieving
an SBE goal of 52%. The SBE participation on this CSA is 100%. Cumulative SBE
participation on the contract is 74.40%. The Consultant is a certified SBE firm
and a Palm Beach County business. Funding for this project is from the Fire
Rescue Improvement Fund. (Capital Improvements Division) District 6
(MWJ)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT &
OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: Work Order No. 23-004 (Work Order) to the annual
electrical contract (R2019-1756) with Protect Video, Inc. (Contractor) in the
amount of $230,162 for the North County Aquatic Center - Pool Heat Pump
Replacement project for a period of 180 calendar days from notice to
proceed. SUMMARY: The existing
geothermal heat pump/chilling units are failing and are in need of replacement
to better accommodate the needs of the aquatic center. This project includes,
but is not limited to, the removal and replacement of the existing six (6)
geothermal heat pump/chilling units with twelve (12) heat pump/chilling units,
together with the accompanying electrical and plumbing work necessary to
facilitate the additional heat pump/chilling units. The new geothermal heat
pump/chilling units will benefit all users of the aquatic center especially the
large swim programs that rely heavily on a targeted water temperature
year-round. This project was competitively advertised and new contractors were
invited to bid on the project by submitting prequalification documents prior to
the submission of the bid response. The Contractor will have 180 calendar days
from notice to proceed to substantially complete the project. Liquidated
damages for failure to achieve certification of substantial completion within
the contract time or approved time extension thereof are $120 per day. This
Work Order was solicited pursuant to the annual electrical contract and the
requirements of the Equal Business Opportunity (EBO) Ordinance. 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 for projects $100,000 or greater if its bid is
within 10% of the lowest non-small business bid. The SBE participation on this
Work Order is 100%. The cumulative SBE participation on the annual electrical
contract is 87.02%. The Contractor is a local SBE certified business. Funding
for this project is from the Park Improvement Fund. (Capital Improvements
Division) District 1 (MWJ)
JUNE 6, 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
asphalt, pavers and pathway construction services on an as-needed basis through
May 15, 2028.
Contractor Status SBE
or Non-SBE
Saffold
Paving, Inc. Local S/MBE
SUMMARY: On May 16, 2023,
the Board of County Commissioners (Board) approved the annual asphalt, pavers
and pathway construction services contract. The work consists of asphalt,
pavers and pathway construction services to County-owned properties on an as
needed basis. The Contractor now joins the list of two (2) prequalified
contractors for a total of three (3) prequalified contractors with a contract
expiration date of May 15, 2028. The specific requirements of the work will be
determined by individual work orders issued against this annual asphalt, pavers
and pathway construction services 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 asphalt, pavers
and pathway construction services 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 asphalt, pavers and pathway construction services contract was
presented to the Goal Setting Committee on January 4, 2023 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 for projects $100,000 or greater 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)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT & OPERATIONS
(cont’d.)
6. Staff recommends
motion to approve: an annual contract with the following contractors
for Heating, Ventilation and Air Conditioning (HVAC) services on an as-needed
basis through January 6, 2025.
Contractors Status SBE or Non-SBE
Key Mechanical
Services, Inc. Non-Local Non-SBE
Air Conditioning
Filters Plus, Inc. Local S/MBE
SUMMARY: On January 7,
2020, the Board of County Commissioners (Board) approved the annual HVAC
contract (R2020-0019 though R2020-0023). The work consists of HVAC services
related to system and component installations, upgrades, replacements,
modifications and repairs to County-owned properties on an as needed basis. The
Contractors now join the list of nineteen (19) prequalified contractors for a
total of twenty-one (21) prequalified contractors with a contract expiration
date of January 6, 2025. The specific requirements of the work will be
determined by individual work orders issued against this annual HVAC contract.
These contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $23,000,000 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 HVAC 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
HVAC contract was presented to the Goal Setting Committee on August 21, 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 for projects $100,000 or greater 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
HVAC contract is 28.33%. (Capital Improvements) Countywide (MWJ)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (cont’d.)
7. Staff recommends
motion to approve: a Sovereignty Submerged Lands Lease Renewal with the
Board of Trustees of the Internal Improvement Trust Fund at Ocean Inlet Park
Marina located in Ocean Ridge retroactively from October 24, 2022 through
October 24, 2032 at an initial annual rent of $6,210.03. SUMMARY: The
County owns and operates the Ocean Inlet Marina, located at 6970 N. Ocean Boulevard
in Ocean Ridge, a portion of which was constructed over sovereign submerged
lands owned by the Board of Trustees of the Internal Improvement Trust Fund
(TIITF). The County currently leases 46,240 sf (1.06 acres) of sovereign
submerged lands from TIITF as part of the operations of 21-slips of commercial
docking facility with boatlifts. The current lease (R2020-0434) expired on
October 24, 2022. Staff had been working
with TIITF to finalize this renewal which was finally approved by TIITF's legal
department on February 23, 2023. This Lease will extend the term for ten years
through October 24, 2032. The County
agrees to pay an initial annual rent of $6,210.03, plus sales tax within 30
days of receipt of the fully executed Lease. The annual fee for the remaining
years of the Lease shall be adjusted pursuant to provisions of Rule 18-21.011,
Florida Administrative Code. The State
of Florida Department of Environmental Protection, Division of State Lands
(Division) will notify the County in writing of the amount and the due date of
subsequent annual rent each year throughout the term of this Lease. All annual rent is budgeted by Parks and
Recreation Department (Parks) under their annual operating expenses for Ocean Inlet
Park. Parks will continue to have
administrative responsibility for this Lease. (PREM) District 4 (HJF)
8. Staff recommends
motion to approve: a Utility Easement Agreement (Easement) in favor of
Florida Power & Light Company (FPL) for overhead and underground electrical
services and an above ground pad-mounted transformer to service the new Fire
Station No. 40 Facility (Facility) located on White Feather Trail in
unincorporated Palm Beach County. SUMMARY: The Facility is located at 4700 White
Feather Trail, just east of Military Trail in unincorporated Palm Beach County.
During the development process, underground electric service and an above
ground pad-mounted transformer were installed.
The Easement includes two easement areas, Easement Premise 1 and
Easement Premise 2. Easement Premise 1
is an underground utility being approximately 39 feet in length and 10 feet in
width, containing approximately 353.78 square feet (0.01 acre) and provides
service to the Facility’s transformer that connects to Easement Premise 2. Easement Premise 2 is for existing overhead
and underground utility lines being approximately 660 feet in length and 10
feet in width, containing approximately 6,629.7 square feet (0.1522 acre). A
non-exclusive easement will be granted at no charge as the electrical utility
provides service to the Facility.
(Property & Real Estate Management) District 2 (HJF)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: Two (2) executed Standard Potable Water and
Wastewater Development Agreements and One (1) Amendment to Standard (Potable
Water, Wastewater, and/or Reclaimed Water) Development Agreement for the month
of February 2023.
A) Standard Potable Water and Wastewater Development
Agreement with PBA Holdings, INC., SDA #11-01020-000 (District 6), Recorded in
OR BK 34140 PG 1832;
B) Standard Potable Water and Wastewater Development
Agreement with Finfrock Properties South Florida, LLC, SDA #14-01006-000
(District 6), Recorded in OR BK 34140 PG 1821; and
C) Amendment to Standard (Potable Water, Wastewater
and/or Reclaimed Water) Development Agreement with Boca Raton Associates IX,
LLLP, SDA # 09-01098-000 (District 5), Recorded in OR BK 34140 PG 1844.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants/ procurement items must be submitted by the
initiating Department as a receive and file agenda item and are attached unless
the documents have been recorded in the Public Records of Palm Beach County. The
documents have been fully executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Palm Beach County Water Utilities
Department (PBCWUD) in accordance with Resolutions R93-1619, R96-0228, and
R2003-0539 and are now being submitted to the BCC to receive and file. Districts
5 & 6 (MWJ)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES (cont’d.)
2. Staff recommends
motion to approve: Change
Order (CO) No. 2 with Insituform Technologies, LLC (Contractor) for the Sanitary
Sewer Collection System Rehabilitation (Project) in the amount of $158,238.90
and for a Contract time extension of two hundred (200) calendar days. Summary: On November 2, 2021, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2021-1619)
with Contractor. The Project provides for the rehabilitation of gravity sewer
mains, gravity sewer laterals using cured-in-place pipe and the rehabilitation
of gravity sewer manholes in lift station (LS) basins LS104, LS109, LS114,
LS160, LS165, LS169, LS170, LS181, LS193 located in West Palm Beach and LS303
located in Delray Beach. Contractor has identified eighteen (18) gravity sewer
laterals out of seven hundred thirty-six (736) that cannot be lined as a result
of deterioration. Therefore, CO No. 2 provides for the replacement of those
sewer laterals and the appurtenances thereof, installation of clean outs,
pavement restoration, driveway restoration, sod installation and a time
extension. The Contract was procured under the requirements of the Equal Business
Opportunity Ordinance. On October 7,
2020 the Goal Setting Committee applied an Affirmative Procurement Initiative
of a Small Business Enterprise (SBE) Price Preference. The Contract provides for 9.08% SBE
participation. CO No. 2 includes 100.00%
SBE participation. The Cumulative SBE participation including CO No. 2 is
3.53%. Contractor is headquarted in Chesterfield, Missouri. The Project is
included in the PBCWUD FY23 budget. (PBCWUD Project 20-063) Districts 2, 3
and 7 (MWJ)
L. ENVIRONMENTAL RESOURCES
MANAGEMENT
1. Staff
recommends motion to approve: Amendment Number 1 to the Material Removal Agreement (Agreement) with Florida Inland Navigation
District (District) to provide for the upfront payment of $3,247,200 to the
County. Summary: On August
23, 2022, the Board of County Commissioners (BCC) approved Agreement
(R2022-0884) for payment from the District to the County on a reimbursement
basis of up to $3,500,000 or $20 per cubic yard, whichever amount is less, for
the removal of an estimated 164,000 cubic yards of spoil material from the
Dredge Material Management Area Peanut Island (DMMA PI). The spoil material will be used to construct
the Bonefish Cove Project (Project), in partnership with the U.S. Army Corps of
Engineers (USACE), with the County as the local sponsor. The County is required to provide its share
of funds to USACE before it releases the Project for bid. This upfront payment by the District will
serve as a portion of the County’s monetary contribution to USACE as the local
sponsor. There is no cost to the County associated with this item. Districts 1, 2, 4, 7 (SF)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
2. Staff recommends
motion to:
A) approve
a Governmental Agreement No. 4600004724 (Agreement) with the South
Florida Water Management District (District) for the collection and analysis of
water quality data in Lake Worth Lagoon (LWL) effective July 1, 2023 for a term
of five years; and
B) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Agreement, and
any necessary minor amendments that do not substantially change the scope of
work, terms, or conditions of the Agreement.
Summary: The
Agreement outlines the cooperative process in which Palm Beach County (PBC)
Environmental Resources Management (ERM) will collect monthly surface water
quality samples and associated field parameters at 14 stations in LWL and will
deploy and retrieve calibrated sondes provided by the District. The District
shall operate two sondes and one autosampler, analyze the samples collected and
post the data on the District’s data base, DBHYDRO. Each party is responsible
for their own expenses under this Agreement. The Agreement contains
indemnification and liability provisions that differ from that adopted for use
by the County under PPM CW-F-049. In accordance with PPM CW-F-049, Risk
Management and the County Attorney’s Office have reviewed the language and
advised the Department of the associated risks.
Due to business needs and the benefits to be derived from the agreement,
Risk Management and the County Attorney’s Office have agreed to allow the
Department to move the agreement forward for Board of County Commissioner
approval. Countywide (SF)
3. Staff
recommends motion to approve: Supplement No. APTIM-01A to Consultant Services Authorization (CSA) No.
APTIM-01 to Contract (R2023-0019), approved on January 10, 2023 with Aptim
Environmental & Infrastructure, LLC (APTIM) for a credit, in the deductive
amount of $111,820.16 removing provisions for sea turtle monitoring services
during the 2023 sea turtle nesting season. Summary: The Board of County
Commissioners approved the Contract (R2023-0019) with APTIM, a Palm Beach
County (PBC) company, on January 10, 2023.
This Supplement removes sea turtle monitoring services in association
with the Singer Island Dune Restoration Project for the months of April through
December 2023. The CSA is funded by the Beach Improvement Fund and is eligible
for cost sharing from the Florida Department of Environmental Protection
(FDEP). The Contract requires APTIM to adhere to 20% mandatory Small Business
Enterprise (SBE) subcontracting goal as the Affirmative Procurement Initiative.
APTIM committed to an overall 22.0% SBE participation in the contract. SBE
participation for this CSA, including the Supplement reduction, is 95.7%. Districts
1 and 4 (YBH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Entertainment Contractor Agreement with NHS Consulting Inc., in
an amount not to exceed $1,600 for the Legends of Motown concert at Seabreeze
Amphitheater, on April 8, 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 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 1 (AH)
2. Staff recommends
motion to receive and file: an executed Sound and Light Production Service Contractor Agreement with Sanderford
Sound, Inc., in an amount not to exceed $2,285 for the Legends of Motown
concert at Seabreeze Amphitheater, on April 8, 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 Sound and Light Production
Service 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 2009-0592,
amended by Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179.
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
1 (AH)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
3. Staff recommends
motion to approve: a downward
Budget Amendment of $125,000 in the Park Improvement Fund to recognize a
decrease in revenue of $125,000 from a Florida Inland Navigation District
(FIND) Waterways Assistance Program (WAP) Grant that the Department was
ineligible to receive. Summary:
On May 7, 2019, the Board of County Commissioners (BCC) authorized submission
of a $125,000 FIND WAP grant application, (R2019-0648), to fund a portion of
the planning, design and permitting costs associated with the redevelopment of
the southern portion of Bert Winters Park.
The grant was awarded (Project Number PB19-206) and submitted to the BCC
to receive and file and establish budget on January 7, 2020 (R2020-0036).The
grant reimbursement was contingent upon completing the planning, design and
permitting by September 30, 2022 and executing a construction contract by
September 30, 2023. The project was delayed and the grant deadlines were not
met. The Department of Parks and
Recreation reapplied for the grant which was ratified by the Mayor on the
October 4, 2022 BCC agenda. The grant
reapplication received FIND approval on November 1, 2022. This Budget Amendment in the Park Improvement
Fund is necessary to correct the appropriations. District 1 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff recommends
motion to:
A) ratify the Mayor’s signature on a Justice and Mental Health Collaboration Bureau of Justice Assistance (BJA) grant application for Federal Fiscal Year 2023 (County Fiscal Year 2024) in the amount of $550,000 beginning October 1, 2023 through September 30, 2026 to be used for cross-system collaboration programs to reduce criminal justice system involvement and improve outcomes for individuals with mental health disorders (MHDs) or co-occurring mental health and substance use disorders (MHSUDs) who have come into contact with the criminal justice system or are leaving a custodial setting; and
B) authorize the County Administrator or designee to execute the grant award, amendments, documents, and electronic grant reporting forms, related to this grant, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budget allocations.
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (cont’d.)
1. SUMMARY: In February
of 2023, the Criminal Justice Commission (CJC) was notified about this BJA
grant (CFDA 16.745). Funding is being requested for a one-year planning grant
in the amount of $100,000 and a two-year implementation grant of $450,000 to
create, and in some cases, enhance the systems and processes serving youth with
MHDs or MHSUDs who are at risk of, or who have, encountered the
juvenile/criminal justice system. Through this initiative, a well-coordinated
system of care will be developed that targets youth at the high school level
when they are facing disciplinary actions, such as in-school or out-of-school
suspensions, or when they encounter law enforcement. This systems approach will
offer two highly effective evidence-based programs, the Icelandic Prevention
Model (IPM), and the Teen Intervene Model (TIM), both of which show empirical
evidence of reducing recidivism, improving school attendance, and lowering
substance use among youth. Funds for this collaboration afford the CJC the
opportunity to provide direct funding to community-based providers to address
the needs of youth, particularly females, with MHDs and to intentionally engage
youth, families and residents historically underserved, marginalized and
adversely affected by system inequalities and disproportionately impacted by
crime, violence and the criminal justice system. The emergency procedure was
used because of the limited time for submission of the grant application. County
cash or in-kind matching funds of 20% years one and two, and 40% year three are
required, total of $231,250. The application includes an additional in-kind
overmatch of $296,418 totaling $527,668 provided by CJC and Southeast Florida
Behavioral Health Network (SEFBHN) in terms of staff time and operating
expenses. Countywide (HH)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Interlocal Agreement for Information Systems
Services (ISS) support services to provide the Town of Jupiter assistance in
preparing their non-ad valorem (NAV) assessment rolls. SUMMARY: Section 197.3632,
Florida Statutes, establishes a uniform method for levying collection and
enforcement of non-ad valorem assessments imposed by counties, municipalities,
and special districts. These assessments
are calculated on a unit basis rather than on property value and are used to
pay for an improvement or service to the property such as drainage, lighting,
paving or fire hydrants. ISS has historically
assisted special districts and municipalities in the final preparation of their
assessment rolls. Countywide (DB)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (cont’d.)
2. Staff recommends
motion to:
A)
approve Interlocal Agreement for application hosting
services with St. Johns County Clerk for an annual revenue total of $7,915;
and
B) authorize the County Administrator or designee, to
approve and execute Task Orders associated with these services, up to a maximum
dollar value of $50,000 per Task Order.
SUMMARY: St. Johns County Clerk is
requesting to lease a version of the County’s Inspector General Information
Management System (IGIMS). IGIMS is a
case management application designed to track activity for Audits,
Investigations, and Contracts. The
application will be hosted on Palm Beach County servers with connectivity
provided through the Florida LambdaRail.
The Agreement is for an initial period of one (1) year
with four (4) automatic one-year renewals unless notice is given by either
party and will generate $7,915 in annual revenue to Palm Beach County. In addition, St. Johns County Clerk will
fully reimburse Palm Beach County $4,375 for one-time installation and
professional services. Countywide (DB)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends motion
to approve: the
following Agreements to collaborate as partners for the placement of mental
health counseling student interns for the period June 6, 2023 through June 5,
2028 unless terminated earlier, with no financial obligation.
A) Agreement with Barry University, Inc. (Barry); and
B) Agreement with Nova Southeastern University, Inc. (NSU).
Summary: In 2018, Palm
Beach County (County) entered into five year Agreements with Barry and NSU for
the placement of student interns. The parties wish to continue the
partnerships. These
Agreements formalize the cooperative arrangements between Barry, NSU and the
County for the development and implementation of the practicum and internship
program for social work and mental health counseling students. It outlines the
respective duties, responsibilities, policies, and procedures for Barry, NSU
and the County. Barry and NSU will refer students to the County that completed
the required prerequisites for the internship.
The
County’s Public Safety Department and Palm Beach County Fire Rescue (PBCFR)
already have internship programs in place to train students from local colleges
and universities who are seeking degrees in social work or mental health
counseling. The County will
provide a training program and training facilities, designate a supervisor,
ensure students receive the required service hours, and evaluate performance by
completing evaluations for each semester.
The County, Barry and NSU are each responsible for their own costs. Countywide
(RS)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
2. Staff recommends
motion to: receive and file executed Amendment 6 for subcontract 18SAS26 with the Florida Council
Against Sexual Violence (FCASV) revising Amendment 5 to provide sexual assault
services for the period retroactive to January 1, 2023 through July 31, 2023. Summary: This is year five of a Sexual Assault
Services Program (SASP) Formula Grant (CFDA#16.017) that was awarded by FCASV
to Palm Beach County Public Safety Department’s Division of Victim Services
(PBCDVS) to support and provide sexual assault services to primary and
secondary victims. Amendment 6 to contract #18SAS26 (R2018-1038) revises
Attachment I, Section C.1.a.Task List, 1) Services, b) as follows: Identify a minimum of two
unduplicated social service providers with whom the provider has never had
contact or has limited contact and create a list of each provider; conduct a minimum
of one meeting with each identified local social service provider and ensure
that each meeting promotes diversity, equity, and inclusion outreach to
survivors of sexual assault; gather feedback at each meeting identifying best
practices for providing Sexual Assault Services, service gaps, unique needs of
the identified underserved population and action steps for inclusion or
outreach to at least one underserved population. The Amendment also requires a
sign-in sheet/attendance log for each in person or virtual meeting and a
meeting report that is to be submitted with the July 2023 invoice. Amendment 6 also revises Attachment I,
Section D.2.adding financial consequences for not conducting the meetings and
creating/submitting the required report. This grant provides funding
to the County for one full time Victim Advocate position to increase intervention, advocacy, accompaniment and
support services to adult, youth, and child victims of sexual assault and those
collaterally impacted by the victimization. Emphasis is on the lesbian, gay,
bi-sexual, transgender and queer (LGBTQ) communities. If grant funding ceases, the position
associated with this grant will be deleted from the PBCDVS complement.
R2018-1038 authorizes the County Administrator or designee to execute FCASV
grant contracts and amendments on behalf of the County. No County matching funds are required. Countywide (RS)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a Sub-Recipient Agreement For Federal Grant Funding Assistance between
the Florida Department
of Law Enforcement and the Palm Beach County Sheriff’s Office through a FY22
Paul Coverdell Forensic Sciences Improvement Act Formula Grant in the amount of
$92,476 for the period of October 1, 2022 through September 30, 2024; and
B) approve a Budget Amendment of $92,476 in the Sheriff’s Grant Fund.
Summary: On March 16, 2023, the
Florida Department of Law Enforcement awarded $92,476 in grant funding to the
Palm Beach County Sheriff's Office under the FY22 Paul Coverdell National Forensic Sciences
Improvement Grant Program which is
pass-through the U.S. Department of Justice, Bureau of Justice Assistance. The grant funds will be used to improve
forensic science services at the Crime Laboratory through new
equipment/instruments, lab supplies and travel/training costs. The Catalog of
Federal Domestic Assistance (CFDA) number is 16.742 and the grant number is
15PBJA-22-GG-01948-COVE. There is no match requirement associated with this award. Countywide (RS)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach
County Sheriff’s Office, a Federally Funded Sub-Award & Grant
Agreement for a FY19 State Homeland Security Grant in the amount of $79,000 for
the period of September 1, 2019 through June 30, 2023; and
B) approve a Budget Amendment in the amount of $79,000
in the Sheriff’s Grant Fund.
Summary: On April 25,
2023, the Palm Beach County Sheriff’s Office (PBSO) received a FY19 State
Homeland Security Grant Program (SHSGP) award from the State of Florida, Division of Emergency
Management. These funds will be used to offset the costs of a training course
for Region 7 bomb technicians. There is no match associated with this
award. The Catalog of Federal
Domestic Assistance (CFDA) Number for this program is 97.067 and the contract
number is R0737. Countywide (RS)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
3. Staff recommends
motion to: receive and file Grant Modification 2 to the FY21 State
Homeland Security Subgrant Agreement with the State of Florida, Division of
Emergency Management, to extend the grant period through September 30, 2023. Summary: On March 22, 2022, the Board of County
Commissioners (BCC) approved a grant award from the State of Florida, Division of Emergency
Management in the amount of $763,240 for the period of January 18, 2022 through
March 31, 2023 to support various domestic security initiatives
(R2022-0254). On December 6, 2022, the
BCC approved grant modification #1 which provided supplemental funds in the
amount of $462,317 to support a statewide law enforcement data sharing system
administered by the Florida Department of Law Enforcement, for a total grant
award of $1,225,557 (R2022-1475). This agenda item will extend the grant period
through September 30, 2023 to allow more time to complete our domestic security
initiatives. There is no match associated with this award. The
Catalog of Federal Domestic Assistance (CFDA) Number for this
program is 97.067 and the contract number is R0515. Countywide (RS)
4. Staff recommends
motion to: receive and file a Modification #3 to Subgrant Agreement
between the Florida Division of Emergency Management and the Palm Beach County
Sheriff’s Office, to
extend the grant period through September 30, 2023. Summary: The Board of County Commissioners (BCC)
accepted this grant for $1,103,100 on February 2, 2021 (R2021-0205). On March
22, 2022, the BCC approved the extension of this grant through September 30,
2022 (R2022-0256). On October 4, 2022.
The BCC approved the extension of this grant through March 31, 2023
(R2022-1164). This agenda item will
extend the grant period through September 30, 2023. The
Catalog of Federal Domestic Assistance (CFDA) Number for this
program is 97.067 and the contract number is R0286. There
is no match associated with this award.
Countywide (RS)
JUNE 6, 2023
3. CONSENT
AGENDA APPROVAL
CC. SHERIFF (cont’d.)
5. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office a U.S. Department of Transportation, Federal Railroad Administration
FY2022 Law Enforcement Strategies for Reducing Trespassing grant award in the
amount of $120,000 for the period of December 1, 2022 through June 30, 2024; and
B) approve
a budget amendment of $120,000 in the Sheriff’s Grants Fund.
Summary: On December 1,
2022 the Palm Beach County Sheriff’s Office (PBSO) received a Federal grant
award in the amount of $120,000 to address railroad trespassing in the City of
Lake Worth which can be the cause of accidents, injuries, death, and vicarious
trauma; due to grant award system technical issues the award was not fully
executed until April 27, 2023. Funding provided will be used for overtime costs
associated with a robust enforcement campaign.
There is no match associated with this award. The U.S. Department of Transportation
Programs Catalog of Federal Domestic Assistance (CFDA) Number for this program
is 20.325 and the agreement # is 69A36523420040CRSFL. Countywide (RS)
* * * * * * * * * * * *
JUNE 6, 2023
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A)
Proclamation
declaring June 6, 2023 as Gerry O’Reilly Day. (District 2)
B)
Proclamation
declaring June 6 – 10, 2023 Code Enforcement Officers Appreciation Week. (District
1)
C) Proclamation
declaring the First Friday in June as National Gun Violence Awareness Day.
(District 2)
D) Proclamation
declaring June 21, 2023 as Alzheimer’s Community Care Day. (District 1)
E) Proclamation
recognizing Joe Bergeron for his 40 Years of Service. (District 2)
F) Proclamation
declaring June 19, 2023 as Juneteenth Day. (District 3)
G) Proclamation
declaring June 6, 2023 as American Association of Caregiving Youth Day.
(District 5)
H) Certificate
of Recognition presented to Marsha Solomon. (District 6)
I) Proclamation declaring June 2023 as Palm
Beach County Veteran Service Officers Appreciation Month. (District 5)
* * * * * * * * * * * *
JUNE 6, 2023
A. ADMINISTRATION
1. Staff recommends
motion to receive and file:
2023 Legislative Session
Report Summary: County
staff will present the 2023 Legislative Session Report for the Board of County
Commissioners, including a review of the County’s 2023 legislative and
appropriation based priorities. Members of the county’s professional contract
lobbying team will also be present to review legislation affecting Palm Beach
County. Topics covered will include, but are not limited to: state budget
highlights; Palm Beach County appropriations; statewide legislation; statewide
local government preemptions; and local bills affecting Palm Beach County. Countywide
(SS)
B. OFFICE OF FINANCIAL MANAGEMENT &
BUDGET
1. Staff recommends motion to: Approve on preliminary reading and grant
permission to advertise for Public Hearing on JULY 11, 2023 at 9:30 am: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
AMENDING THE PALM BEACH COUNTY UNIFIED LAND DEVELOPMENT CODE, ORDINANCE
2003-067, AS AMENDED, BY AMENDING ARTICLE 2, CHAPTER G, SECTION 3 CONCERNING
BOARD MEMBERSHIP QUALIFICATIONS AND TERM LIMITS FOR MEMBERS OF THE IMPACT FEE
REVIEW COMMITTEE; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE UNIFIED LAND DEVELOPMENT CODE;
PROVIDING FOR AN EFFECTIVE DATE. SUMMARY: During staff’s presentation of the last Impact Fee Rate Update Study and
Report (Report) at the Board of County Commissioner’s second public hearing on
September 13, 2022, the Board voted to add a designated seat on the Impact Fee
Review Committee (IFRC) for the Associated General Contractors of America
Florida East Coast Chapter (AGC) and indicated their desire to eliminate term
limits for IFRC members. This additional Committee member will bring the total
number of Committee members to eight members. To maintain the odd number of
voting members, staff recommends adding another at-large Committee member. Upon approval of this item, the Committee
will have nine voting and three alternate members with no term limits. The
membership will include three representatives from municipalities within Palm
Beach County, four representatives from the business community of which one
seat is designated for AGC, and two members selected at-large. Countywide
(RM)
JUNE 6, 2023
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS
1. 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 Joseph Tomacic and Mary
Tomacic for $20,150 plus closing, title insurance and recording costs estimated
to be $525;
B) a
Memorandum of Agreement with Joseph Tomacic and Mary Tomacic to be
recorded in the public records to provide
notice of this Agreement;
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 Edward D. Quinn, Jr., for
$20,150 plus closing, title insurance and recording costs estimated to be $525;
and
D) a
Memorandum of Agreement with Edward D. Quinn, Jr., to be recorded in the public
records to provide notice of this Agreement.
JUNE 6, 2023
5. REGULAR AGENDA
C. FACILITIES DEVELOPMENT AND OPERATIONS (cont’d.)
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 Joseph
Tomacic and Mary Tomacic (Tomacic parcel), Philip G. Rathof (Rathof
parcel), and Edward D. Quinn, Jr. (Quinn 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. 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 $525 for the Tomacic
parcel, and $525 for the Quinn 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)
* * * * * * * * * * * *
JUNE 6, 2023
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JUNE 6, 2023
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: The updated Board Directive Reports which
include in process and completed board directive items. SUMMARY: At the February 6, 2018 Board of County
Commissioners Meeting, direction was given to the County Administrator to
submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2)
Completed Items. The report continues
to be updated on an on-going basis. Countywide
(DC)
B. COUNTY ATTORNEY
JUNE 6, 2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request approval for off-site
Proclamation declaring June 19-25, 2023 as Amateur Radio Week.
Request approval for off-site Certificate of Recognition for Philippine
American Society, Inc. for 24 years of service.
District 3 – COMMISSIONER MICHAEL A. BARNETT
Request approval for off-site
Proclamation declaring June 2023 as Summer Reading Month.
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
JUNE 6, 2023
9. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
JUNE 6, 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."