JUNE 3, 2014 – 9:30 a.m.

FINAL

 

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

JUNE 3, 2014

 

PAGE             ITEM

 

  7                    2C-3               ADD-ON: Certificate of Appreciation presented to Bill Eldridge for his extraordinary efforts and dedication in volunteering with the Palm Beach Sail & Power Squadron and teaching boating safety to residents of Palm Beach County. (Sponsored by Mayor Taylor)

 

  7                    2C-4               ADD-ON: Certificate of Appreciation presented to Bill Flanders for his extraordinary efforts and dedication in volunteering with the Palm Beach Sail & Power Squadron and teaching boating safety to residents of Palm Beach County. (Sponsored by Mayor Taylor)

 

13                    3E-6                REVISED TITLE: Staff recommends motion to: A) approve Renewal Agreement IP012-9500 to Standard Agreement No. IP012-9500 (R2012-1633) for Emergency Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., (AAA), for period April 1, 2014 to March 31, 2015, in an amount not to exceed $9,759 for services. This second and final renewal outlines funding allocation for the 2014-2015 Agreement period. This renewal amends paragraph 4 of Standard Agreement; revises and replaces Attachment III, Exhibit 1 and Attachment VII Budget Summary; revises Attachment VIII; and Attachment I paragraph 2.3.2.1.1; B)…1)..

 

2.         Amendment 003 to Standard Agreement No. IH012-9500 (R2012-1634) for Home Care for the Elderly (HCE) with AAA for period July 1, 2013 to June 30, 2014, to increase overall total funding by $15,000; amend Section D; revise Section LL and Section YY of Standard Agreement; and Attachment I Section II.C.1.2 and Attachment I Section III. B.1; and replace Attachment II, Budget Summary and Attachment III, CCE HCE Rate Sheet;

 

3.         Amendment 004 to Standard Agreement No. IZ012-9500 (R2012-1631) for Alzheimer’s Disease Initiative (ADI) with AAA for period July 1, 2013 to June 30, 2014, amend Section D; revise Section LL and Section YY of Standard Agreement; and Attachment I Section II.C.1.2 and Attachment I Section III. B.1; and replace Attachment II, Budget Summary and Attachment III, CCE ADI Rate Sheet; and…(Community Services)

 


34                    3AA-1             REVISED TITLE (2nd) & SUMMARY: Staff recommends motion to approve: Appointment of one At-Large member and Reappointments of two At-Large members to the Palm Tran Service Board (PTSB):

 

Nominee                                  Category/Seat No.                    Term to Expire             Nominated By:

NEW APPOINTMENT

Deidra F. Gibson                       Senior Citizen                           June 2, 2017                 Mayor Taylor

                                                Seat No. 7                                                                    Comm. Valeche

REAPPOINTMENTS

Terry Brown                               Representative with                   June 2, 2017                 Mayor Taylor

                                                Transportation Experience                                             Comm. Valeche

                                                Seat No. 1                                                                    Vice Mayor Burdick

                                                                                                                                    Comm. Vana

Comm. Abrams

 

John Wilson                              Citizen At-Large                         June 2, 2017                 Mayor Taylor

Seat No. 11                                                                   Comm. Valeche

                                                                                                                        Vice Mayor Burdick

                                                                                                                        Comm. Vana

Comm. Abrams

 

Summary: The Palm Tran Service Board is composed of 13 At-Large members and currently there are  four vacancies. is one (1) vacancy. The new appointment of Ms. Gibson, Seat 7, will fill that vacancy.  Incumbents of Seats 1 and 11 are members in good standing and have expressed their desire to continue to serve subsequent terms. A memo dated May 7, 2014 was circulated to the Board of County Commissioners requesting support of Mr. Brown and Mr. Wilson's reappointments or requesting additional nominations.  No additional nominations were received. Countywide (DR) (Palm Tran)

 

36                    3DD-1                        REVISED TITLE: Staff recommends motion to approve: 1) Third Amendment with Discover Palm Beach County, Inc. (R2012-1320) in the amount of $1,300,000; 2) Third Amendment with the Cultural Council of Palm Beach County, Inc. (R2012-1318) in the amount of $325,000; 3) Second Amendment with the Palm Beach County Sports Commission, Inc. (R2012-1321) in the amount of $175,000; and 4) Second Amendment with the Palm Beach County Film & Television TV Commission, Inc. (R2012-1319) in the amount of $175,000 to provide for receipt of additional bed tax funding for a marketing stimulus campaign;…(TDC)

 

37                    3DD-2                        REVISED TITLE & SUMMARY: Staff recommends motion to approve: A) the Fourth an Amendment to the Agreement with the Cultural Council of Palm Beach County, Inc., (the “Cultural Council”) (R2012-1318) for the provision of services under Palm Beach County’s Tourist Development Plan; and… SUMMARY:  The Fourth Amendment to the Agreement with the Cultural Council reflecting additional funds resulting in the cancellation of two Category B recipients grants to further assist with marketing and advertising efforts for the Cultural Council. (TDC)

 


42                    5F-1                ADD-ON, REVISED TITLE & SUMMARY & WAITING FOR BACKUP: Staff recommends motion to:

 

A) adopt a Resolution to approve the Local Agency Program (LAP) Supplemental Agreement Amendment Supplemental Number One (Amendment Supplemental) with the State of Florida Department of Transportation (FDOT) for the design of a canal bank slope protection project on the easternmost 1.5 miles of County Road 880 (Project);

 

B) approve a Federal-Aid Project Funding Request for the Project; and

 

C) approve a Budget Amendment of $17,437 in the Transportation Improvement Fund to recognize additional funding from FDOT and appropriate it to the CR 880 Embankment Repair project.

 

SUMMARY: Adoption of the Resolution for the Amendment Supplemental will eliminate the requirement for the Palm Beach County (County) to provide 18% matching funds.  FDOT will provide up to $96,500 at 100% reimbursement.  The County will be responsible for all costs above this grant amount.  The Federal-Aid Project Funding Request reiterates the funding change in the Amendment Supplemental and the Budget Amendment recognizes the funding change. Approval of the LAP agreement by the Board of County Commissioners on February 4, 2014, R2014-0124 allowed the County to receive a grant of up to $79,062.45 for the Project whose current estimated design cost is $96,500. District 6 (MRE) (Engineering)

 

46                    9G                   ADD-ON: Request approval to present off-site, a Proclamation “Honoring Elmira Gilbert on the Occasion of her 99th Birthday” in Palm Beach County. (Sponsored by Mayor Taylor)

 

46                    9G                   ADD-ON: Request approval to present off-site, a Proclamation declaring June 20, 2014 as “National Summer Learning Day” in Palm Beach County. (Sponsored by Mayor Taylor)                    

 

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the 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 3, 2014

 

 

TUESDAY                                                                                                                COMMISSION

9:30 A.M.                                                                                                                   CHAMBERS

 

 

1.         CALL TO ORDER

 

A.        Roll Call

B.        Invocation

C.        Pledge of Allegiance

 

2.         AGENDA APPROVAL/SPECIAL PRESENTATIONS

 

A.        Additions, Deletions, Substitutions

B.        Adoption

            C.        Special Presentations (Page 7)

 

3.         CONSENT AGENDA (Pages 8 - 37)

 

4.         PUBLIC HEARINGS - 9:30 A.M. (Page 38)

 

5.         REGULAR AGENDA (Pages 39 - 42)

            TIME CERTAIN 11:00 A.M. (School District Sales Tax Referendum) (Page 39)

 

6.         BOARD APPOINTMENTS (Page 43)

 

7.         MATTERS BY THE PUBLIC – 2:00 P.M. (Page 44)

 

8.         STAFF COMMENTS (Page 45)

 

9.         COMMISSIONER COMMENTS (Page 46)

 

10.       ADJOURNMENT (Page 46)

 

 

 

 

* * * * * * * * * * *

 

JUNE 3, 2014

 

TABLE OF CONTENTS

 

 

SPECIAL PRESENTATIONS - 9:30 A.M.

Page 7

            2C-1   World Refugee Day

            2C-2   Veterans Children’s Day

 

 

CONSENT AGENDA

 

A.  ADMINISTRATION

Page 8

            3A-1    Countywide Community Revitalization Team projects

 

B. CLERK & COMPTROLLER

Page 8

            3B-1    Warrant list

            3B-2    Minutes: None

            3B-3    Contracts and claims settlements list

 

C. ENGINEERING & PUBLIC WORKS

Page 9

            3C-1   County Incentive Grant Program Agreement with FDOT for acquisition of right-of-way for turn lane improvements at Military Trail and Northlake Boulevard

            3C-2   Deleted

            3C-3   Work Order No. 2013052-019 with Community Asphalt Corp. to mill and resurface Corkscrew Boulevard (dead end east of Mutt Thomas Rd. to dead end west of Mutt Thomas Rd.)

            3C-4   Work Order No. 2013052-020 with Community Asphalt Corp. to mill and resurface a portion of County-maintained residential roads within the Palmetto Pines Subdivision

Page 10

            3C-5   Deleted

            3C-6   Interlocal Agreement with Town of Jupiter to allow the County assess for the construction of water serve improvements in the Imperial Woods Subdivision

 

D. COUNTY ATTORNEY

Page 10

            3D-1   Official transcript for the closing of the $12,000,000 Florida Revenue Bonds (Palm Beach Day Academy, Inc. project)

            3D-2   Official transcript for the closing of the $8,805,000, Florida Industrial Development Revenue Bond (YMCA of South Palm Beach County, Inc. project)

            3D-3   two Fifth Amendments to Loan Agreements with Wells Fargo Bank, N.A. in connection with the extension of the County’s lines of credit

 

E. COMMUNITY SERVICES

Page 11

            3E-1    Data Provision and Confidentiality Agreement with The Early Learning Coalition of Palm Beach County, Inc. to improve service delivery for infants and toddlers

            3E-2    Notice of Project Award from FDOE relating to the Farmworker Jobs & Education Program

            3E-3    Community Services Block Grant Agreement with FDEO to provide self sufficiency services for low-income individuals and families

Page 12

            3E-4    Contract for Provision of Financial Assistance with The Jerome Golden Center for Behavioral Health, Inc. for up to 40 permanent housing beds for disabled, homeless individuals

            3E-5    Amendment No. 2 to Head Start Contracted Services Agreement with The School Board of Palm Beach County to increase enrollment by 74 children and donation of assets and classroom furnishings

Page 13

            3E-6    Renewal Agreement for Emergency Home Energy Assistance Program with Area Agency on Aging

 

JUNE 3, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

E. COMMUNITY SERVICES (Cont’d)

Page 14

            3E-7    Community Action Advisory Board appointments

            3E-8    Ratify signature on the FY 2014 Request for Cost of Living Adjustment Head Start/Early Head Start Grant Application

 

F. AIRPORTS

Page 15

            3F-1    Extension of Time to the Joint Participation Agreement with FDOT for the Terminal Apron rehabilitation & taxilane construction project at Palm Beach County Glades Airport

            3F-2    Award Modification of Law Enforcement Officer Reimbursement Program Other Transactional Agreement with TSA for law enforcement services at PBIA

            3F-3    Amendment No. 5 with The Morganti Group, Inc. relative to the terminal improvements at PBIA

Page 16

            3F-4    Access Agreement with Enterprise Leasing Company of Florida, LLC to enter and evaluate the condition of the property at 2401 Turnage Boulevard at PBIA

            3F-5    License Agreement with Morpho Trust USA, LLC for use of space at the terminal building at PBIA to perform and complete applicant enrollments for the TSA Pre-Check Program

            3F-6    License Agreement with Enterprise Leasing Company of Florida, LLC for parking of Enterprise’s passenger vehicles at PBIA

            3F-7    Budget Transfer in the Airports Improvement and Development Fund for compensatory wetland mitigation at North Palm Beach County General Aviation Airport

 

G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 17

            3G-1   Certify the non-ad valorem assessment roll on electronic media to the Tax Collector

 

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 17

            3H-1   Amendment No. 4 with Hedrick Brothers Construction Company, Inc. for renovation of the former West Atlantic Palm Beach County Sheriff’s Office District 4 Substation

            3H-2   Interlocal Agreement with Florida Department of Highway Safety and Motor Vehicles relative to the County’s 800 MHz radio system

Page 18

            3H-3   Second Amendment with the Veteran’s Affairs West Palm Beach Medical Center relative to the County’s 800 MHz radio system

            3H-4   First Amendment with the Village of Wellington to lease and maintain a fuel control reader at the Village’s public works facility

Page 19

            3H-5   Waiver of the deadline to obtain all required permits under the Tri-Party Agreement with the City of Riviera Beach and Lockhead Martin Corporation to provide public access to the Intercoastal Waterway through construction of a fishing pier and water taxi facility

 

I. ECONOMIC SUSTAINABILITY

Page 19

            3I-1     Termination of a Loan Agreement with Ivy Green Veterans Housing, LLC relative to construction of a 75 unit affordable apartment building

Page 20

            3I-2     Receive and file four amendments under various housing programs

Page 21

            3I-3     Community Development Block Grant funding for the Riviera Beach Community Redevelopment Agency for architectural and engineering costs associated with the preparation of construction plans for the Riviera Beach Public Market


JUNE 3, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

I. ECONOMIC SUSTAINABILITY (Cont’d)

Page 22

            3I-4     Receive and file various documents under the Section 108 Loan Program (A& E Auto Sales and Doctors Scientific Organica)

Page 23

            3I-5     Receive and file various document under the Section 108 Loan Program (Medical Career Institute of South Florida and America’s Sound, Inc.)

Page 24

            3I-6     Receive and file various documents under the Section 108 Loan Program (Simco, Inc. and Jupiter CY, LLC)

            3I-7     Agreement with City of Belle Glades providing for Community Services Block Grant funding to lease vehicles for code enforcement activities

           

J. PLANNING, ZONING & BUILDING  -  None

 

K. WATER UTILITIES

Page 25

            3K-1    Contracts for engineering/professional consulting services with nine firms

Page 26

            3K-2    Settlement Agreement with Jacobs Engineering Group, Inc. relative to the PFL Reclaimed Treatment Facility

            3K-3    Work Authorization No. 23 with Globaltech, Inc. for the Southern Region Water Reclamation Facility Digester Gas improvement project

            3K-4    Work Authorization No. 7 with Centerline Utilities, Inc. for the SR 715 Water Main replacement project

Page 27

            3K-5    Work Authorization No. 24 with Globaltech, Inc. for the WTP No. 8 Filters 1-3 Valve replacement project

            3K-6    Receive and file one Standard Potable Water and Wastewater Development Agreement

            3K-7    Change Order No. 1 with Southeast Drilling Services, Inc. for the WTP No. 8 well replacement and rehabilitation project

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 28

            3L-1    Receive and file two documents relating to two Environmental Resources Management Department projects

 

M. PARKS & RECREATION

Page 28

            3M-1   Receive and file three Independent Contractor Agreements

Page 29

            3M-2   Receive and file one Amphitheater Rental Agreement

            3M-3   Receive and file two Amphitheater Rental Agreements

            3M-4   Budget Transfer relating to the Morikami Museum and Japanese Gardens improvements project

 

N. LIBRARY  -  None

 

P. COOPERATIVE EXTENSION SERVICE  -  None

 

Q. CRIMINAL JUSTICE COMMISSION

Page 30

            3Q-1   Receive and file five Grant Adjustment Notices with the Office of Juvenile Justice and Delinquency Prevention Second Change Act Grant


JUNE 3, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

R. HUMAN RESOURCES  -  None

 

S. FIRE RESCUE

Page 30

            3S-1    Donation Agreement relating to pump equipment acquired by the PBSO through a federal grant and being donated to Fire Rescue

            3S-2    Donation and title transfer of a surplus vehicle to the PBSO for emergency response

 

T. HEALTH DEPARTMENT  -  None

 

U. INFORMATION SYSTEMS SERVICES

Page 31

            3U-1   Affiliate Connection Agreement with Florida LambdaRail, LLC allowing continued access to high-speed network services

            3U-2   Agreement with Lutheran Services Florida, Inc. for ISS network services

            3U-3   First Amendment with the Village of Royal Palm Beach for network services

 

V. METROPOLITAN PLANNING ORGANIZATION  -  None

 

W. PUBLIC AFFAIRS  -  None

 

X. PUBLIC SAFETY

Page 32

            3X-1    First Amendment with Emergency Specialist of Wellington, LLC to continue funding a Sexual Assault Nurse Examiner/Nurse Coordinator at the sexual assault forensic exam facility

            3X-2    Agency Affiliation Agreement for psychology practicum students from Carlos Albizu University to obtain training and experience in family and youth counseling in the Youth Affairs Division

Page 33

            3X-3    Addition of one full-time Sexual Assault Nurse Examiner Program Coordinator at the sexual assault forensic exam facility

 

Y. PURCHASING  -  None

 

Z. RISK MANAGEMENT  - None

 

AA. PALM TRAN 

Page 34

            3AA-1 Palm Tran Service Board appointment/reappointments

 

BB. SHERIFF’S OFFICE

Page 34

            3BB-1 Accept Amendment Letter-UASI2012GY under the Miami Urban Area Security Initiative providing additional funding for the Surveillance Vehicle project

Page 35

            3BB-2 Budget Transfer from the Law Enforcement Trust Fund to various crime and drug education and prevention programs

 

CC. SUPERVISOR OF ELECTIONS

Page 36

            3CC-1            Precinct boundary changes


JUNE 3, 2014

 

TABLE OF CONTENTS

 

 

CONSENT AGENDA CONTINUED

 

 

DD. TOURIST DEVELOPMENT COUNCIL

Page 36

            3DD-1            Amendments to agreements with the four Tourist Development agencies to reflect additional funding for a marketing stimulus campaign

Page 37

            3DD-2            Amendment with the Cultural Council of Palm Beach County reflecting additional funding as a result of cancellation of two Category B grants

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

Page 38

            4A       Application of Oxbridge Academy Foundation, Inc. for the issuance of Adjustable Mode Revenue Bonds

 

 

REGULAR AGENDA

 

ADMINISTRATION

Page 39

            5A-1    2014 Legislative Session Final Report

            5A-2    Interlocal Agreement with Children’s Services Council providing for payment of matching funds for the Head Start Program and expansion of County sponsored youth and young adult programming

           

            COUNTY ATTORNEY

Page 39

            5B-1    Resolution calling for a November 4, 2014 referendum to continue an annual levy of 0.25 mills for school operational purposes – TIME CERTAIN 11:00 A.M.

 

            ECONOMIC DEVELOPMENT

Page 40

            5C-1   Resolution authorizing the issuance of Industrial Development Revenue Bonds (Gulfstream Goodwill Industries, Inc. project)

 

            FACILITIES DEVELOPMENT & OPERATIONS

Page 40

            5D-1   Concessionaire Service Agreement with Little Deeper Charters, Inc. for operation of a multi service concession at Phil Foster Park

Page 41

            5D-2   Resolution to convey/Deposit Receipt and Contract for Sale and Purchase with Marta Warzel for 0.13 acre parcel of vacant land on Eden Lawn Terrace 

 

PALM TRAN

Page 42

            5E-1    Resolution adopting a revised Disadvantaged Business Enterprise Program for the County’s public transit system, Palm Tran

 

BOARD APPOINTMENTS  (Page 43)

 

MATTERS BY THE PUBLIC – 2:00 P.M. (Page 44)

 

STAFF COMMENTS  (Page 45)

 

COMMISSIONER COMMENTS (Page 46)

 

ADJOURNMENT (Page 46)

 

JUNE 3, 2014

 

 

2C.      SPECIAL PRESENTATIONS – 9:30 A.M.

 

 

1.         Proclamation declaring June 20, 2014 as “World Refugee Day” in Palm Beach County. (Sponsored by Commissioner Abrams)

 

 

2.         Proclamation declaring June 7, 2014 as “Veterans Children’s Day” in Palm Beach County. (Sponsored by Mayor Taylor)

 

 

            3.         ADD-ON: Certificate of Appreciation presented to Bill Eldridge for his extraordinary efforts and dedication in volunteering with the Palm Beach Sail & Power Squadron and teaching boating safety to residents of Palm Beach County. (Sponsored by Mayor Taylor)

 

 

4.         ADD-ON: Certificate of Appreciation presented to Bill Flanders for his extraordinary efforts and dedication in volunteering with the Palm Beach Sail & Power Squadron and teaching boating safety to residents of Palm Beach County. (Sponsored by Mayor Taylor)

 

 

* * * * * * * * * * * *


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

A.        ADMINISTRATION

 

1.         Staff recommends motion to approve:

 

A) the allocation of $87,380 by the Office of Community Revitalization for the implementation of the following projects:

 

1) Limestone Creek – funding toward the construction of a community identity sign ($12,380); and

 

2) All Districts – funding toward Putting Kids First ($75,000); and

 

B) Budget Transfer of $87,380 from the CCRT Reserve Funding Account to establish project budgets for these projects.

 

SUMMARY: The above projects were reviewed and recommended for funding by the Countywide Community Revitalization Team (CCRT) on March 11, 2014. The CCRT is comprised of neighborhood representatives as well as representatives from various County departments and agencies, including: the School District, the Palm Beach County Sheriff’s Office, Community Services, Water Utilities Department, Engineering Department, Department of Economic Sustainability, Code Enforcement, Planning, Zoning and Building Divisions, Parks and Recreation, Fire Rescue, Animal Care and Control, Drowning Prevention, Health Department, and the Solid Waste Authority. Putting Kids First is a program established by the Board in 2006 to provide school supplies to approximately 12,000 underserved kids throughout Palm Beach County. Along with school supplies, children also receive free school physicals, immunizations, haircuts, and clothing to ensure that they are admitted to school. Additionally, the Putting Kids First event provides the families exposure to other community resources to help them on their road to self-sufficiency and improve their children’s success in school. Funding for this and the community identity sign for Limestone Creek is available from CCRT Recouped Funding Reserves, which resulted from previously scheduled or completed CCRT projects. Countywide (AH)

 

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to approve:  Warrant List.

 

 

2.         Staff recommends motion to approve:  the following final minutes of the Board of County Commissioners’ meetings:  None

 

 

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

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to: 

 

A) adopt a Resolution to approve the County Incentive Grant Program (CIGP) Agreement with the State of Florida Department of Transportation (FDOT) for the acquisition of right-of-way (R/W) for turn lane improvements at the intersection of Military Trail and Northlake Boulevard;

 

B) approve the Memorandum of Agreement for the CIGP agreement which outlines the financial requirements for the CIGP agreement;

 

C) approve a Budget Transfer of $190,000 from Impact Fee Zone 1 Reserves and appropriate it to the Military Trail and Northlake Boulevard Intersection Improvement Project to increase the existing line item to $290,000 and to fully fund Palm Beach County’s (County) 50% share of the R/W acquisition cost; and

 

D) approve a $288,933 payment to FDOT for the County’s 50% share of the R/W acquisition cost.

 

SUMMARY:  Approval of this CIGP Agreement will allow the County to receive a grant of up to $288,933 (50/50 matching funds) for R/W acquisition for turn lane improvements at the intersection of Military Trail and Northlake Boulevard.  The current estimated total cost of the R/W acquisition is $577,866. However, since FDOT has decided to acquire the R/W for the turn lane improvements, the County will not actually collect the $288,933 grant amount from FDOT.  The grant amount will be kept by FDOT and added to the matching funds from the County to fully fund the R/W acquisition.  The County will be responsible for all costs above the estimated total cost of the R/W acquisition. District 1 (MRE)

 

 

2.         DELETED

 

 

3.         Staff recommends motion to approve: Work Order No. 2013052-019 (Work Order) in the amount of $447,000 to mill and resurface approximately three miles of Corkscrew Boulevard from the dead end east of Mutt Thomas Road to the dead end west of Mutt Thomas Road (Improvements) utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2013-0235 with Community Asphalt Corp.  SUMMARY: Approval of this Work Order will allow the contractual services necessary to construct the Improvements. Funding is provided through the “Glades Area Repair/Reconstruction” account within the Five Year Road Program. Per County PPM CW-F-050, this Work Order exceeds the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners.  District 6 (MRE)

 

 

4.         Staff recommends motion to approve: Work Order No. 2013052-020  (Work Order) in the amount of $285,000 to mill and resurface a portion of the County-maintained residential roads within the Palmetto Pines Subdivision (Improvements) utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing contract R2013-0235 with Community Asphalt Corp.  SUMMARY: Approval of this Work Order will allow the contractual services necessary to construct the Improvements. Per County PPM CW-F-050, this Work Order exceeds the threshold relating to staff approvals of contracts, thus requiring approval from the Board of County Commissioners. The remaining County-maintained residential roads that are within Palmetto Pines are either scheduled to be resurfaced, or have been resurfaced by the County’s Water Utilities Department. District 5 (MRE)

 

JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         DELETED

 

 

6.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Town of Jupiter (Town) to allow Palm Beach County (County) to assess for the construction of water service improvements in the Imperial Woods Subdivision (Project), through the Municipal Service Taxing Units (MSTU) assessment program.  SUMMARY: Approval of this Agreement will allow the Town to proceed with the Project as desired. The Town desires to expand its water service into unincorporated Palm Beach County and assess for costs using the County’s MSTU program. Chapter 163, Florida Statutes, as amended, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. The Town has agreed to advance the funds for design, permitting and construction of the Project.  Upon completion of the Project, the County will assess the benefitting property owners over a 20 year period at an interest rate not to exceed 5% per annum through the MSTU assessment program. The County will then transfer the collected funds to the Town. District 1 (MRE)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to receive and file:  the official transcript for the closing of the $12,000,000 Palm Beach County, Florida Revenue Bonds, (Palm Beach Day Academy, Inc, Project), Series 2013 (the “Bonds”). SUMMARY: The official transcript for the Bonds has been provided.  This transcript should now be received and filed in the Minutes Department.  Countywide (PFK)

 

 

2.         Staff recommends motion to receive and file:  the official transcript for the closing of the $8,805,000 Palm Beach County, Florida Industrial Development Revenue Bonds, (Young Men’s Christian Association of South Palm Beach County, Inc.), Series 2013 (the “Bonds”).  SUMMARY: The official transcript for the Bonds has been provided.  This transcript should now be received and filed in the Minutes Department.  Countywide (PFK)

 

 

3.         Staff recommends motion to receive and file: the two Fifth Amendments to Loan Agreements dated May 20, 2014 and June 3, 2014 between Palm Beach County and Wells Fargo Bank, N.A. in connection with the extension of the County’s lines of credit with Wells Fargo Bank, N.A. as approved by Resolution R2014-0503. SUMMARY: Resolution R2014-0503 authorized the execution of two Fifth Amendments to Loan Agreements and granted authority to the Mayor to sign any subsequent documents. The two Fifth Amendments to Loan Agreements extended for another year the two existing lines of credit with Wells Fargo Bank that satisfy the debt service requirements for 11 County bond issues. There were no other changes in the terms. The Mayor and Wells Fargo Bank have signed these documents which should now be received and filed in the Minutes Department. Countywide (PFK)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to receive and file: Data Provision and Confidentiality Agreement with The Early Learning Coalition of Palm Beach County, Inc. (ELC), effective April 14, 2014, to improve service delivery for infants and toddlers.  Summary:  This Agreement assists the Head Start program in its continued efforts to increase recruitment for qualified families and ensures a seamless transition to a new grantee in order to provide services to infants and toddlers. The data sharing collaboration includes, but is not limited to educational assessments, participant application information, income verification documents, program eligibility, health disability and inclusion records. Federal and State initiatives encourage the development of collaborative agreements between agencies. This Agreement reduces duplication of services; facilitates improved service delivery for infants and toddlers and utilizes available resources more effectively. This Agreement is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item.  This Agreement was executed by delegated authority. On March 11, 2014, the Board of County Commissioners authorized the County Administrator to execute data sharing agreements for this purpose. No County funds are required. (Head Start) Countywide (TKF)

 

 

2.         Staff recommends motion to:

 

A)  receive and file Project Award Notification No. 760-4054A-4CFJ1 from the Florida Department of Education, for the budget period July 1, 2013, through June 30, 2014, in an amount not to exceed $219,369; and

 

B)  receive and file Project Award Notification Amendment No. 1 to Project Award No. 760-4054A-4CFJ1 from the Florida Department of Education, for the budget period July 1, 2013, through June 30, 2014, in an amount not to exceed $5,484.23; and

 

C) approve Budget Amendment of $5,484 in the Farmworker Jobs & Education Program Fund to reconcile the budget with the grant amount.

 

Summary:  A Project Award Notification was received on September 10, 2013 from the Florida Department of Education issuing grant amount of $219,369 in the National Farmworker Jobs Program, Title I Section 167. On March 18, 2014, Amendment No. 1 to National Farmworker Jobs Program, Title 1 Section 167 was received from the Florida Department of Education issuing a budget increase in the amount of $5,484.23, for a total grant amount not to exceed $224,853.23. The Amendment is based on exceeded performance goals. The funds will be utilized to pay educational/vocational fees for participants enrolled in the program. No County funds are required. This receive and file item is being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive this item. (Farmworker Jobs & Education Program) Countywide (TKF)

 

 

3.         Staff recommends motion to receive and file: Community Service Block Grant (CSBG) Agreement No. 14SB-0D-10-60-01-021 with the State of Florida, Department of Economic Opportunity, for the period October 1, 2013, through September 30, 2014, in an amount not to exceed $1,190,074, to provide self sufficiency services for low income individuals and families throughout Palm Beach County.  Summary:  The State of Florida, Department of Economic Opportunity awarded the Palm Beach County Community Action Program (CAP) $1,190,074 in CSBG funds. The funding will enable CAP to provide employment skill trainings, entrepreneur training, emergency and self-sufficiency services to additional low income families. No County match funds are required. (Community Action Program)  Countywide (TKF)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to approve: Contract for Provision of Financial Assistance with The Jerome Golden Center for Behavioral Health, Inc. for the period May 23, 2014, through May 22, 2015, in an amount not to exceed $392,820 for up to 40 permanent housing beds for disabled, homeless individuals.  Summary:  The Human Services Division (Division) has received funds from the U.S. Department of Housing and Urban Development Continuum of Care Program grant to provide rental assistance for permanent housing beds.  As a result, the Division is contracting with The Jerome Golden Center for Behavioral Health, Inc. to provide permanent housing beds for up to 40 homeless, disabled individuals.  Thomas McKissack of The Jerome Golden Center for Behavioral Health, Inc., serves on the Palm Beach County HIV Care Council advisory board.  This board provides no regulation, oversight, management, or policy-setting recommendations regarding the activities funded by this contract. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code of Ethics.  No County funds are required.  (Human Services)  Countywide (TKF)

 

 

5.         Staff recommends motion to:

 

A)  approve Amendment No. 2 to Head Start Contracted Services Agreement with The School Board of Palm Beach County (District) (R2013-1495), for the period October 1, 2013, through September 30, 2014, to increase enrollment by 74 children for the period June 11, 2014 through June 30, 2014, and increase funding by $27,796, for a new total contract amount not to exceed $1,698,647; and

 

B)  approve donation of Palm Beach County owned assets and classroom furnishings

from the Palm Glades Head Start site to the School Board of Palm Beach County.

 

Summary: This Amendment is necessary in order to provide continued comprehensive services to Head Start children and families.  The child care services provided at Palm Glades Head Start will be delegated to the District and relocated to Belle Glade Elementary and Pioneer Park Elementary.  In lieu of giving the District additional dollars for classroom furnishings, it is recommended that existing inventory be transferred to the District, as we are vacating the site and no longer have use for these items.  The appropriate documents have been submitted and routed through the Fixed Assets Management Office. No new County funds are required. (Head Start) Countywide (TKF)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

6.         REVISED TITLE: Staff recommends motion to:

 

A) approve Renewal Agreement IP012-9500 to Standard Agreement No. IP012-9500 (R2012-1633) for Emergency Home Energy Assistance Program (EHEAP) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., (AAA), for period April 1, 2014 to March 31, 2015, in an amount not to exceed $9,759 for services. This second and final renewal outlines funding allocation for the 2014-2015 Agreement period. This renewal amends paragraph 4 of Standard Agreement; revises and replaces Attachment III, Exhibit 1 and Attachment VII Budget Summary; revises Attachment VIII; and Attachment I paragraph 2.3.2.1.1;

 

B) receive and file

 

1.   Amendment 004 to Standard Agreement No. IC012-9500 (R2012-1632) for Community Care for the Elderly (CCE) with Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA) for period July 1, 2013 to June 30, 2014, to decrease overall total funding by $15,000; amend Section D; revise Section LL and Section YY of Standard Agreement; and Attachment I Section II.C.1.2 and Attachment I Section III. B.1; and replace Attachment II, Budget Summary and Attachment III, CCE Rate Sheet;

 

2.   Amendment 003 to Standard Agreement No. IH012-9500 (R2012-1634) for Home Care for the Elderly (HCE) with AAA for period July 1, 2013 to June 30, 2014, to increase overall total funding by $15,000; amend Section D; revise Section LL and Section YY of Standard Agreement; and Attachment I Section II.C.1.2 and Attachment I Section III. B.1; and replace Attachment II, Budget Summary and Attachment III, CCE HCE Rate Sheet;

 

3.   Amendment 004 to Standard Agreement No. IZ012-9500 (R2012-1631) for Alzheimer’s Disease Initiative (ADI) with AAA for period July 1, 2013 to June 30, 2014, amend Section D; revise Section LL and Section YY of Standard Agreement; and Attachment I Section II.C.1.2 and Attachment I Section III. B.1; and replace Attachment II, Budget Summary and Attachment III, CCE ADI Rate Sheet; and

 

C) approve Budget Amendment of $7,938 in the DOSS Administration Fund to align the budget to the actual grant award for fiscal year 2014.

 

SUMMARY: Grant adjustments are made during the contract year to align services with need. These amendments were executed by the County Administrator in accordance with Resolution R2013-0242, which delegated authority to the County Administrator, or his designee, to sign documents related to DOSS/AAA grant amendments. These items are being submitted in accordance with Countywide PPM No. CW-O-051 to allow the Clerk’s Office to note and receive the executed amendments.  The Budget Amendment is aligning the County budget with the actual grant award.  (DOSS)  Countywide except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Rd (TKF)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

E.        COMMUNITY SERVICES (Cont’d)

 

7.         Staff recommends motion to approve: appointment of the following representatives to the Community Action Advisory Board effective June 3, 2014:

 

Seat No.

Appointment

Member Category

Term Expire

Nominated By

 

 

 

 

 

7

Martina Walker

Private Sector

9/30/2015

CAAB

 

8

 

William Washington

 

Private Sector

 

9/30/2015

 

CAAB

 

15

 

Corey Smith

 

Low-Income Sector

 

9/30/2015

 

Democratically Selected in

Riviera Beach

 

Summary:  The Community Action Advisory Board (CAAB) is a 15 member board comprised of one-third elected public officials or their representatives, one-third private sector members recommended by the CAAB and one-third low-income representatives selected by a democratic process in the target neighborhoods served. New appointments will be filling seats vacated due to term expiration, resignations, or removal from the Board. The appointments meet all applicable guidelines and requirements outlined in the Resolution adopted by the Board of County Commissioners on May 6, 2014.  (Community Action)  Countywide (TKF)

 

 

8.         Staff recommends motion to:

 

A) ratify the signature of the Mayor on the FY 2014 Request for Cost of Living Adjustment (COLA) Head Start/Early Head Start Grant Application, for the period of October 1, 2013, through June 30, 2014, in an amount of $166,764, for the Head Start/Early Head Start Programs; and

 

B) approve Amendment No. 2 to Head Start Delegate Agency Agreements with the below listed agencies, for the period October 1, 2013, through June 30, 2014 for a COLA increase:

 

1.   Hispanic Human Resources Council, Inc. (R2013-1482), for an increase of $32,166, for a new amount not to exceed $1,672,877; and

 

2.   Florence Fuller Child Development Centers, Inc. (R2013-1488), for an increase of $19,227, for a new amount not to exceed $999,881; and

 

3.   The Young Women’s Christian Association of Palm Beach County, Florida (R2013-1481), for an increase of $10,357, for a new amount not to exceed $538,402.

 

SUMMARY: This Application for $166,764 will allow Head Start and Early Head Start to partially offset the 3% increase provided by Palm Beach County in October 2013. The COLA application is also applicable to the program’s Delegate Agencies, which are Hispanic Human Resources Council, Florence Fuller Child Development Centers, Inc., and Young Women’s Christian Association of Palm Beach County, Florida. The amendments are necessary to incorporate the COLA increase to the current budget.  The Delegate Agencies will utilize the COLA award to increase salary and fringe benefits as submitted in the funding application and contingent upon approval by the Region IV Office of Head Start.  Funds are available for the County match in the amount of $33,353 in the current budget. (Head Start) Countywide (TKF)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS

 

1.         Staff recommends motion to receive and file:  an Extension of Time to the following Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT): Terminal Apron Rehab & Taxilane Construction at Palm Beach County Glades Airport, Fin. Proj. No.: 422481-1-94-01 approved by the Board on August 16, 2011 (R2011-1159), is hereby extended until June 30, 2015. SUMMARY: Delegation of authority for execution of the above Extension of Time to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide (AH)

 

 

2.         Staff recommends motion to:

 

A) receive and file an Award Modification (Modification P00002) of Law Enforcement Officer (LEO) Reimbursement Program Other Transactional Agreement (OTA) HSTS0213HSLR043 with the Transportation Security Administration (TSA) in the amount of $265,600 for law enforcement services at Palm Beach International Airport (PBIA); and

 

B) approve a Budget Amendment in the Airport’s Operating Fund, for the receipt of $265,600 of partial funding from the TSA for Fiscal Year 2014; and an increase to Airport’s Reserve in the amount of $265,600.

 

SUMMARY:  Delegation of authority for execution of the initial OTA was approved by the Board of County Commissioners on August 14, 2012 (R2012-1093). Countywide (AH)

 

 

3.         Staff recommends motion to approve:

 

A) Amendment No. 5 to the Construction Manager (CM) at Risk Contract with The Morganti Group, Inc. for CM at Risk Services for Terminal Improvements at Palm Beach International Airport (PBIA) in the amount of $4,726,000 and 460 calendar days for Task M-5: Security Improvements Phase 2 at PBIA; and

 

B) a Budget Transfer of $383,100 in the Airports’ Improvement and Development Fund to provide for the Morganti contract.  This includes a transfer from Reserves of $383,100.

 

SUMMARY:   The CM at Risk Contract with The Morganti Group, Inc. for CM at Risk Services for Terminal Improvements at PBIA was approved by the Board on June 4, 2013 (R2013-0663).  The Contract is for two years with three one-year renewal options and is a task order based contract for CM at Risk Services at PBIA.  The Morganti Group, Inc. is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County. Approval of Amendment No. 5 in the amount of $4,726,000 and 460 calendar days is for Task M-5: Security Improvements Phase 2 at PBIA.  Florida Department of Transportation grant funding is being utilized to fund the base project. The Board approved an agreement to accept funds from the Department of Homeland Security Transportation Security Administration (TSA) on July 2, 2013 (R2013-0823) to fund Alternate 1 to install TSA Security Cameras as part of this project.  The Disadvantaged Business Enterprise (DBE) goal for this contract is 13%.  The anticipated DBE participation for this Amendment is 14.5%. Countywide (JCM)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

F.         AIRPORTS (Cont’d)

 

4.         Staff recommends motion to receive and file:  Access Agreement with Enterprise Leasing Company of Florida, LLC (Enterprise) authorizing Enterprise to enter upon and evaluate the condition of the property at 2401 Turnage Boulevard at the Palm Beach International Airport (PBIA), commencing March 24, 2014 and expiring May 30, 2014, at no cost to Enterprise. SUMMARY:   Delegation of authority for execution of the standard access agreement was approved by the Board in R2006-2716.  The property at 2401 Turnage Boulevard is improved as a rental car facility, but has not been leased for several years.  Enterprise is seeking a short-term lease of the property at 2401 Turnage Boulevard to support its on-airport rental car operations at PBIA, and the Access Agreement authorizes Enterprise to complete inspections including surveying, soundings, drillings, appraisals, environmental assessments and examinations.  Countywide (AH)

 

 

5.         Staff recommends motion to receive and file: License Agreement with MorphoTrust USA, LLC (MorphoTrust) for the use of space at the terminal building at the Palm Beach International Airport (PBIA), commencing April 22, 2014 and expiring January 31, 2015, for office and administration areas necessary to perform and complete applicant enrollments for the Transportation Security Administration (TSA) Pre-Check Program, at no cost to MorphoTrust. SUMMARY: Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070.  This License Agreement provides for the use of approximately 602 square feet of space in the PBIA terminal at no cost to MorphoTrust until January 31, 2015, during which time the parties will evaluate the success of the Pre-Check Program at PBIA, and a lease will be negotiated for continued occupancy of the space. Countywide (AH)

 

 

6.         Staff recommends motion to receive and file:  License Agreement with Enterprise Leasing Company of Florida, LLC (Enterprise) for the parking of Enterprise’s passenger vehicles at the Palm Beach International Airport (PBIA), commencing April 4, 2014 and expiring May 30, 2014, for payment of a license fee in the amount of $8,000; renewing weekly thereafter for payment of a license fee in the amount of $1,000 per week, provided no renewal shall extend beyond June 27, 2014.  SUMMARY:  Delegation of authority for execution of the standard license agreement was approved by the Board in R2007-2070.  This License Agreement provides for the use of a parking area at 3323 Belvedere Road, Buildings 504 and 505, at PBIA, for the overflow parking of Enterprise’s vehicles. Countywide (AH)

 

 

7.         Staff recommends motion to approve:  a Budget Transfer of $1,094,225 in the Airports Improvement and Development Fund to provide budget for compensatory wetland mitigation at North Palm Beach County General Aviation Airport.  This includes a transfer from Reserves of $1,094,225. SUMMARY: Palm Beach County’s Department of Environmental Resources Management (ERM) provided the Department of Airports (Department) with compensatory wetland mitigation as a requirement of South Florida Water Management District Permit No. 50-02617-S and U.S. Army Corps of Engineers Permit No. SAJ-1991-00402 (IP-EGR) for the Wetland Wildlife Hazard Mitigation project at North Palm Beach County General Aviation Airport.  The total cost of the wetland mitigation credits is $3,282,675.  Based on discussions during the permitting process, it was decided that the Department would spread this amount between three equal payments of $1,094,225.  The first payment was provided to ERM on April 2013.  Approval of this transfer will provide funding to pay ERM the second of three equal payments of $1,094,225.  An additional budget transfer will be processed at a later date for the final payment of $1,094,225 due March 31, 2015.  Florida Department of Transportation grant funding of $500,000 is being utilized to fund this project.  The Department expects reimbursement of local funds from Passenger Facility Charge funds at a future date. Countywide (JCM)

JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

G.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to authorize: the Mayor to certify the non-ad valorem assessment roll on electronic media to the Tax Collector pursuant to Chapter 197, Florida Statutes.   SUMMARY:  In 1998, the County began using the Uniform Method of collecting non-ad valorem special assessments. Under this procedure, special assessments are included on the tax bills.  Each year the non-ad valorem assessment roll must be certified to the Tax Collector by September 15. Countywide (PFK)

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve:

 

A) Budget Transfer of $854,478 from reserves in the Civic Site Cash Out Fund to increase the project budget line; and

 

B) Amendment No. 4 to the contract with Hedrick Brothers Construction Company, Inc. (R2012-1000) in the amount of $2,206,974 for renovation of the former West Atlantic Palm Beach County Sheriff’s Office (PBSO) District 4 Substation in Delray Beach.

 

SUMMARY:  The work includes site and building interior and exterior improvements including roof replacement to comply with new wind code requirements, weatherproofing of the exterior, new HVAC and lighting, and new interior finishes (12,000 sf) to accommodate offices of PBSO District 4 relocating from their existing facility situated at South County Administrative Complex.  The relocation of District 4 is necessary to better align the PBSO Substation with its service area. The Small Business Enterprise (SBE) goal for this contract is 15%.  Hedrick Brothers SBE participation for this Amendment is undetermined at this time as the pricing is based on incomplete drawings and has not been bid.  Hedrick Brothers is guaranteeing a minimum of 15% SBE.  Hedrick Brothers is a Palm Beach County firm and will be using Palm Beach County subcontractors for an estimated minimum of 80% of the work.  The construction time is 210 days.  This project is funded entirely from the Civic Site Cash Out Fund.  (Capital Improvements Division) District 5 (JM)

 

 

2.         Staff recommends motion to approve: an Interlocal Agreement with Florida Department of Highway Safety and Motor Vehicles, Division of the Florida Highway Patrol (Agency) allowing for interoperable radio communications through the countywide common talk groups of the County’s 800 MHz Radio System.  SUMMARY: This Agreement provides the terms and conditions under which the Agency can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications.  The Agency will not utilize the County’s system for routine operational communications. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement but Agency is required to pay all costs associated with Agency’s subscriber units and to comply with the established operating procedures for the County’s Radio System.  The Agreement provides for an initial term of five years with one renewal option, for a period of five years.  The Agreement may be terminated by either party, with or without cause, upon ten days prior notice to the other party.  (ESS) Countywide (JM)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: a Second Amendment to Agreement (R2004-0791), with the Veterans Affairs West Palm Beach Medical Center (Hospital) to extend the term of the Agreement to May 3, 2019.  SUMMARY:  The Agreement, which provides the terms and conditions under which Hospital can program its radios and utilize the countywide and EMS common talk groups for certain inter-agency communications expired on May 3, 2014.  The Agreement provided for three renewal options, each for a period of five years.  Hospital has approved a retroactive renewal to extend the term of the Agreement to May 3, 2019 and the Agreement now requires Board approval. The Hospital has been in continual compliance with the terms of the Agreement while this Amendment was being prepared. The terms of the Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies with 800 MHz trunked radio capabilities.  There are no charges associated with this Agreement but the Hospital is required to pay all costs associated with the Hospital’s subscriber units and to comply with established operating procedures for the System.  The Agreement may be terminated by either party, with or without cause.  This Second Amendment retroactively renews the term, replaces outdated exhibits, updates the scenarios of usage, modifies the provision on access and release of programming codes, provides for the disclosure of County Code Section 2-421 - 2-440 establishing the Office of the Inspector General and County Resolution 92-13 prohibiting discrimination, and provides for the exclusion of  third party beneficiaries.  Other than the changes set forth herein, all other terms remain the same. (ESS) Countywide (JM)

 

 

4.         Staff recommends motion to approve: a First Amendment to the Interlocal Agreement (R2009-0420) with the Village of Wellington (Village) to lease and maintain a fuel control reader at the Village’s public works facility.  SUMMARY: The Agreement which provides the terms and conditions under which the County leases and maintains the fuel control reader for the Village at the Village’s public works facility expired on May 19, 2014.  The Agreement provides for two renewals for five years each.  The Village has approved a retroactive renewal to extend the term of the Agreement to May 19, 2019 and the renewal now requires Board approval. Under the terms of the Agreement, the County provides and maintains the fuel control reader, provides fuel access cards and monthly fuel accounting to the Village.  In exchange, the Village pays equipment rental fees and for services provided by the County.  In addition, the Village allows Palm Beach County Sheriff’s Office to fuel at this location which benefits law enforcement efforts. The Agreement may be terminated by either party, with or without cause, with a minimum of six months notice.  (Fleet Management) District 6 (JM)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve:  a waiver of the deadline to obtain all required permits under the Tri-Party Agreement (R2007-0350) with the City of Riviera Beach and Lockheed Martin Corporation to provide public access to the Intracoastal Waterway through construction of a fishing pier and water taxi facility.  SUMMARY: The Tri-Party Agreement was for the development of joint use dock/fishing pier serving Lockheed Martin’s facility and the County’s adjacent Light Harbor Park.  Funding was from a $1.6M Office of Tourism, Trade, and Economic Development (OTTED) grant, $400,000 from Lockheed Martin and $400,000 from the County.  The County’s funding was to be used for mitigation and construction cost overruns.  The project was completed and opened to the public in September of 2011.  As indicated in the October 22, 2013 status report on the Waterfront Bond projects, Staff discovered an oversight in the administration of the Tri-Party Agreement.  The Agreement provided for automatic termination in the event that all permits for the project were not obtained within 18 months after the effective date (August 2008).  Permitting for this project was extremely complex, several interim permits were obtained before the deadline, but the final Army Corp of Engineers permit was not obtained until July of 2010.  This item waives the failure to timely obtain all required permits by August 2008 and allows for final reimbursement to the City of $400,000.  The City has demonstrated mitigation expenses for the project totaled $400,000 such that the entire $400,000 in County funding is required for reimbursement of expenditures advanced by the City.  (PREM) District 7 (HJF)

 

 

I.          ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to receive and file: Termination of a Loan Agreement (R2013-1807) with Ivy Green Veterans Housing, LLC.  Summary: On October 29, 2013, the County entered into a Loan Agreement (R2013-1807) with Ivy Green Veterans Housing, LLC.  The Loan Agreement provided $900,000 in HOME Investment Partnership (HOME) funds for the construction of a 75 unit affordable apartment development in the City of Riviera Beach to be known as Heron Estates Veterans Housing Complex.  The developers, Related Urban and the Mosnar Group, required additional financing through the Florida Housing Finance Corporation (FHFC). The developer’s application was not approved for funding by FHFC and Related Urban has notified the County of their inability to construct the project.  Staff will issue a new Request for Proposals for a rental development partner and bring the selection recommendation to the Board of County Commissioners for approval. These are Federal HOME funds which require no local match. (DES Contract Development) District 7 (TKF)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

2.         Staff recommends motion to receive and file: four Amendments to Agreements, as follows:

 

A) Amendment No. 004 to the Agreement (R2010-1752) with Word of Faith Community Development Corporation (WFCDC) under the Home Investment Partnership Program (HOME);

 

B) Amendment No. 007 to and Reinstatement of the Agreement (R2010-1036) with the Village of Wellington under the Neighborhood Stabilization Program 1 (NSP1);

 

C) Amendment No. 006 to and Reinstatement of the Agreement (R2011-0615) with West Palm Beach Housing Authority under the Disaster Recover Initiative Program (DRI3); and

 

D) Amendment No. 005 to the Agreement (R2011-1796) with West Palm Beach Housing Authority under the Disaster Recover Initiative Program (DRI4).

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  The Amendments have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Items Nos. 3I-4, R2011-1384, R2007-1524 and R2009-1677, as approved by the BCC on April 1, 2014, September 13, 2011, September 11, 2007, and October 6, 2009, respectively.  These executed documents are now being submitted to the BCC to receive and file.  Federal NSP1, DRI3 and DRI4 funds do not require a local match and the HOME matching requirement is met from State funds allocated under the State Housing Initiatives Partnership Program. (DES Contract Development) Districts 2, 3, 6 & 7 (TKF)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

3.         Staff recommends motion to approve: Community Development Block Grant (CDBG) funding of $150,000 for the Riviera Beach Community Redevelopment Agency (RBCRA).  Summary:  On April 27, 2006, the County provided $87,400 for a consultant to study the development of a public market resulting in the County Public Market Network: A Business Plan, which proposed a public market site adjacent to the Riviera Beach Marina.  On December 7, 2010, the County entered into an Interlocal Agreement (R2010-1959) with the Treasure Coast Regional Planning Council (TCRPC), the City of Riviera Beach, and the RBCRA to jointly participate in the development of a public market at the Riviera Beach Marina.  Through this joint participation, the TCRPC received a Farmer’s Market Promotion Program Grant of $60,204 from the U.S. Department of Agriculture, and a $30,000 matching grant from the RBCRA which were used to complete a feasibility study, business plan, site design, and a preliminary engineering report.  To provide continued support for the project, staff is recommending the award of $150,000 in CDBG funds to be utilized for architectural and engineering costs associated with preparation of construction plans for the Riviera Beach Public Market (Market).  The Market which will be located on Avenue C between East 12th and 13th Streets in Riviera Beach is a component of RBCRA’s overall Riviera Beach Marina Village.  The Market project entails the new construction of a 48,000 square foot; two-story building that will house ground-floor stalls for vendors of fresh foods, local and organic products, and second-floor shops and studio space for local artisans and craftsmen.  It is anticipated that 59 businesses will operate within the Market. The businesses will be both newly-established businesses and existing businesses expanding and relocation operations.  If the Market is not constructed, RBCRA will be required to repay the CDBG funds to the County. The Public Market project is projected to create 284 construction jobs, 120 permanent jobs, and have a five year economic sustainability impact of $51,000,000. These are Federal CDBG grant funds which require no local match. (Strategic Planning Section) District 7 (TKF)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

4.         Staff recommends motion to receive and file: Various documents executed in connection with loans made under the Palm Beach County Section 108 Loan Program to the following two borrowers:

 

1. A & E Auto Sales & Repair, Inc.:

a. Loan Commitment Letter;

b. Section 108 Loan Program Agreement for $244,000;

c. Section 108 Loan Agreement for $244,000;

d. Mortgage & Security Agreement securing $244,000;

e. Section 108 Promissory Note securing $244,000;

f. Guaranty Agreement for $244,000;

g. Environmental Indemnity Agreement; and

h. Further Assurances & Errors and Omissions Statement.

 

2. Doctors Scientific Organica, LLC:

a. Loan Commitment Letter;

b. Section 108 Loan Program Agreement for $473,000;

c. Palm Beach County Section 108 Loan Agreement for $473,000;

d. Collateral Mortgage & Security Agreement securing $473,000;

e. Palm Beach County HUD Section 108 Loan Promissory Note securing $473,000;

f. Guaranty Agreement for $473,000;

g. Security Agreement for $473,000;

h. Environmental Indemnity Agreement; and

i. Further Assurances & Errors and Omissions Statement.

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  Certain of the attached documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Item R2009-0725 as approved by the BCC on May 5, 2009.  These executed documents are now being submitted to the BCC to receive and file. These are Federal funds which require no local match. (DES Contract Development) Districts 6 & 7 (DW) (DES)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

5.         Staff recommends motion to receive and file: Various documents executed in connection with loans made under the Palm Beach County Section 108 Loan Program to the following two borrowers:

 

1. Medical Career Institute of South Florida, Inc.:

a. Loan Commitment Letter;

b. Section 108 Loan Program Agreement for $264,000;

c. Palm Beach County Section 108 Loan Agreement for $264,000;

d. State of Florida Uniform Commercial Code Financing Statement;

e. Palm Beach County Section 108 Promissory Note securing $264,000;

f. Collateral Security Agreement for $264,000;

g. Guaranty Agreement for $264,000;

h. Cross Default, Cross Contribution and Cross Collateralization Agreement;

i. Environmental Indemnity Agreement; and

j. Further Assurances & Errors and Omissions Statement.

 

2.  America's Sound, Inc.:

a. Loan Commitment Letter;

b. Palm Beach County Section 108 Loan Agreement for $592,000;

c. Collateral Mortgage & Security Agreement securing $592,000;

d. Palm Beach County Section 108 Promissory Note securing $592,000;

e. Collateral Security Agreement for $592,000;

f. Cross Default, Cross Contribution and Cross Collateralization Agreement;

g. Stock Pledge Agreement; and

h. Environmental Indemnity Agreement.

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  Certain of the attached documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Item R2009-0725 as approved by the BCC on May 5, 2009.  These executed documents are now being submitted to the BCC to receive and file. These are Federal funds which require no local match. (DES Contract Development) Districts 6 & 7 (DW)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

I.          ECONOMIC SUSTAINABILITY (Cont’d)

 

6.         Staff recommends motion to receive and file: Various documents executed in connection with loans made under the Palm Beach County Section 108 Loan Program to the following two borrowers:

 

1.  Simco, Inc.:

a. Loan Commitment Letter;

b. Section 108 Loan Program Agreement for $100,000;

c. Loan Agreement for $100,000;

d. Palm Beach County Section 108 Promissory Note securing $100,000;

e. Guaranty Agreement;

f. Security Agreement;

g. Collateral Security Agreement;

h. Assignment and Assumption of Lease Agreement;

i. Further Assurances & Errors and Omissions Statement;

j. Resolution of the President of Simco, Inc.; and

k. Certificate of Simco, Inc.

 

2. Jupiter CY, LLC:

a. Loan Commitment Letter;

b. Section 108 Loan Program Agreement for $2,300,000;

c. Palm Beach County Section 108 Loan Agreement for $2,300,000;

d. Mortgage & Security Agreement securing $2,300,000;

e. Palm Beach County HUD Section 108 Loan Promissory Note securing $2,300,000;

f. Collateral Mortgage Agreement securing $2,300,000;

g. Guaranty Agreement;

h. Pledge Agreement;

i. Purchase Agreement;

j. Control Agreement (Melbourne RI Manager, LLC);

k. Control Agreement (Marina Del Ray Apartments Limited Partnership);

l. Reliance Certificate (Marina Del Ray Apartments Limited Partnership);

m. Reliance Certificate (Jupiter CY, LLC); and

n. Further Assurances & Errors and Omissions Statement.

 

Summary: In accordance with County PPM CW-0-051, all delegated contracts, agreements and grants must be submitted by the initiating Department as a receive and file agenda item.  Certain of the attached documents have been fully executed on behalf of the Board of County Commissioners (BCC) by the County Administrator, or designee, in accordance with Agenda Item R2009-0725 as approved by the BCC on May 5, 2009.  These executed documents are now being submitted to the BCC to receive and file. These are Federal funds which require no local match. (DES Contract Development) Districts 1 & 6 (DW)

 

 

7.         Staff recommends motion to approve: an Agreement with the City of Belle Glade in the amount of $33,171 for the period of June 3, 2014 to August 30, 2017. Summary: This Agreement provides Community Development Block Grant (CDBG) funding to pay for the leases of up to three vehicles to carry out code enforcement activities.  On July 10, 2012, the Board of County Commissioners approved the Fiscal Year 2012-2013 Action Plan (R2012-0942) which allocated $123,918 in CDBG funds for administrative expenses for the City’s code enforcement personnel. The City has a surplus remaining from this allocation and has requested that these funds be used to enhance their code enforcement efforts by upgrading their deteriorated fleet of vehicles. These are Federal CDBG funds which require no local match. (DES Contract Development) District 6 (TKF)


 

JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Contracts for Engineering/Professional Consulting Services with the following firms:

 

A) Hazen & Sawyer P.C.                                  Wastewater Engineering Services

 

B) JLA Geosciences, Inc.                                Utility Hydrogeologic Engineering Services

 

C) Mathews Consulting, Inc.                            General Utility, Architectural & Value Engineering

Services

 

D) Keshavarz & Associates, Inc.                      Utility Distribution & Collection System Engineering

Services

 

E) Holtz Consulting Engineers, Inc.                 Utility Distribution & Collection System Engineering

Services

 

F) Mock, Roos & Associates, Inc.                    Utility Distribution & Collection System Engineering

Services

 

G) Hillers Electrical Engineering, Inc.               Electrical Instrumentation & Telemetry Engineering

Services

 

H) Smith Engineering Consultants, Inc.           Electrical Instrumentation & Telemetry Engineering

Services

 

I) Kimley-Horn & Associates, Inc.                     Water Plant & Water Resources Engineering

Services

           

Summary: The selected engineering firms were procured under the provisions of Florida Statues 287.055 (Consultant Competitive Negotiation Act).  Assignment of tasks to the engineering firms will be at the sole discretion of the County, and the County may choose to select another firm or use in-house staff to perform any task.  Task scope and fee negotiation will be performed on a task by task basis. These Continuing Contracts will be used by the Water Utilities Department to obtain Engineering/Professional Services for utility related projects.  Consultant Service Authorizations (CSA) will be negotiated and issued against these contracts on a task basis at the sole discretion of the County.  Each contract has a term of three years, subject to annual performance review.  All of the firms are Palm Beach County companies and have agreed to meet or exceed a 15% Small Business Enterprise (SBE) participation goal.  Each consultant has included a list of certified SBE subconsultants which they intend to use to meet their goal. Countywide (JM)                       

           

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: a Settlement Agreement with Jacobs Engineering Group, Inc. (Jacobs) in the amount of $125,000.  Summary: In 2005, Jordan, Jones & Goulding, Inc. (JJG) (became Jacobs Engineering Group, Inc. in 2010) was selected (R2005-0775) to provide professional engineering services for wastewater and reclaimed water facilities. On May 20, 2008, Palm Beach County Board of County Commissioners (County) approved Supplement No. 2 to Consultant Services Authorization No. 23 (R2008-0906) with JJG for the design of the FPL Reclaimed Treatment Facility located at the East Central Regional Wastewater Treatment Facility. In 2010, during construction and testing of the reclaimed water facility, cracks were discovered and excessive wall deflection occurred in the reclaimed filter basin. The construction contractor fixed these issues at a cost of $179,401. On July 8, 2010, the County notified Jacobs that they would be held responsible for these costs. Jacobs has offered to settle this claim in the amount of $125,000 provided that the County provides it with a General Release as part of the Settlement Agreement. Countywide (JM)

 

 

3.         Staff recommends motion to approve: Work Authorization No. 23 with Globaltech, Inc. for the Southern Region Water Reclamation Facility (SRWRF) Digester Gas Improvements in the amount of $235,665.40.  Summary:  On January 24, 2012, the Palm Beach County Board of County Commissioners (BCC) approved the contract for Water, Wastewater, and Reclaimed Water Improvements Design/Build Services (R2012-0159) with Globaltech, Inc.  Work Authorization No. 23 will authorize the installation of a digester gas removal system and process control improvements to the waste gas flare at the SRWRF.  This Work Authorization is necessary to reduce biogas engine maintenance by removing gas impurities and to optimize gas flow to maximize renewable energy generation.  The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall.  The contract with Globaltech, Inc. provides for SBE participation of 75% overall. This Work Authorization includes 96.28% overall SBE participation.  The cumulative SBE participation, including this Work Authorization is 90.72% overall. Globaltech, Inc. is a Palm Beach County company. This project is included in the FY14-15 Capital Improvement plan adopted by the Board of County Commissioners. (WUD Project No. 14-051) District 5 (JM)

                                               

 

4.         Staff recommends motion to approve:  Work Authorization No. 7 for State Road 715 Water Main Replacement with Centerline Utilities, Inc. (R2013-0551) in the amount of $2,342,687.91.  Summary: On May 7, 2013, the Palm Beach County Board of County Commissioners approved the Water Utilities Department Pipeline Continuing Construction Contract (R2013-0551) to Centerline Utilities, Inc. This Work Authorization provides for construction of a 12" water main, service lines and abandoning the existing 6" water main to increase fire flow in the City of Pahokee. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with Centerline Utilities, Inc. provides for SBE participation of 16.56%. This Work Authorization includes 14.8% overall participation. The cumulative SBE participation including this authorization is 15.26% overall. Centerline Utilities, Inc. is not a Palm Beach County company. This project is included in the FY13-14 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 13-091)  District 6 (JM) 

                                     

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

K.        WATER UTILITIES (Cont’d)

 

5.         Staff recommends motion to approve: Work Authorization No. 24 with Globaltech, Inc. for the Water Treatment Plant No. 8 (WTP 8) Filters 1-3 Valve Replacement in the amount of $516,850.57.  Summary:  On January 24, 2012, the Palm Beach County Board of County Commissioners approved the contract for Water, Wastewater, and Reclaimed Water Improvements Design/Build Services (R2012-0159) with Globaltech, Inc.  Work Authorization No. 24 will authorize the replacement of the valves on Filters 1, 2 and 3 which are over 30 years old.  This Work Authorization will improve operation of filters by replacing the existing hydraulically actuated valves with electrically actuated valves. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall.  The contract with Globaltech, Inc. provides for SBE participation of 75% overall.  This Work Authorization includes 94.33% overall SBE participation.  The cumulative SBE participation, including this Work Authorization is 90.84% overall. Globaltech, Inc. is a Palm Beach County company. This project is included in the FY14-15 Capital Improvement plan adopted by the Board of County Commissioners. (WUD Project No. 12-002) District 2 (JM)

 

 

6.         Staff recommends motion to receive and file: executed Agreement received during the month of March 2014: Standard Potable Water and Wastewater Development Agreement with Planet Kids VI, Inc., Discovery Quest, Inc., 4740 Weymouth, LLC, J.M.E., LLC, Alan Wayne Eads and Elizabeth A. Eads; SDA No. 02-01137-000 (District 6). Summary: In accordance with County PPM CW-0-051, all delegated contracts/agreements/ grants/procurement items must be submitted by the initiating Department as a receive and file agenda item.  This document has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Deputy Director of the Water Utilities Department in accordance with Resolutions R93-1619, R96-0228, and R2003-0539 and is now being submitted to the Board to receive and file. District 6 (MJ)

 

 

7.         Staff recommends motion to approve: Change Order No. 1 with Southeast Drilling Services, Inc. (R2013-1026) for the Water Treatment Plant (WTP) No. 8 Well Replacement and Rehabilitation Project in the amount of $164,159.40 and increasing the contract time by 150 calendar days. SUMMARY: On August 13, 2013, the Palm Beach County Board of County Commissioners approved the Contract for the WTP No. 8 Well Replacement and Rehabilitation Project with Southeast Drilling Services, Inc. (R2013-1026) for constructing one new Surficial Aquifer replacement well and rehabilitating four existing wells at WTP 8.  Change Order No. 1 provides for the drilling of a second replacement well, and deleting the well rehabilitation for one well. The contract time is being increased by 150 calendar days to accommodate the additional time required for permitting and construction of the additional well. The Small Business Enterprise (SBE) participation goal established by the SBE Ordinance is 15% overall. This Change Order includes 0% overall SBE participation. The cumulative SBE participation, including this Change Order is 70.38% overall. Southeast Drilling Services, Inc. is a Palm Beach County company. This project is included in the FY14-15 Capital Improvement Plan adopted by the Board of County Commissioners. (WUD Project No. 12-008) District 2 (JM)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

L.         ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to receive and file:

 

A) Amendment No. 1, to the Florida Department of Environmental Protect (FDEP) Agreement No. LW608 (R2012-1900) replaces the Project Work Plan Page 1 of 2, list of project elements in its entirety; and

 

B) Task Assignment IP2 Change Order No. 2 to Contract No. FWC11357 (R2012-0573) with the Florida Fish and Wildlife Conservation Commission (FWC) adds one hundred and fifty additional acres of invasive plant control to the Lake Osborne work plan and twenty additional acres of invasive plant control to the Lake Pine work plan.

 

SUMMARY:  On December 18, 2012, the Board of County Commissioners approved Agreement No. LW608 (R2012-1900) with the FDEP for the construction of passive recreational facilities as part of the Pine Glades Natural Area Trail Project.  Delegated authority to execute all future time extensions, task assignments, certification, and any other forms associated with this Agreement was approved pursuant to PPM No. CW-O-051. On April 17, 2012, the Board of County Commissioners approved FWC Contract No. FWC11357 (R2012-0573) for aquatic vegetation control for Lakes Clarke, Ida, Osborne, and Pine.  Delegated authority to execute all future time extensions, task assignments, certification, and any other forms associated with this Contract was approved pursuant to PPM No. CW-O-051. Countywide (SF)

 

 

M.        PARKS & RECREATION

 

1.         Staff recommends motion to receive and file: executed Independent Contractor Agreements and First Amendment to Independent Contractor Agreement received during the month of April:

 

A) Palm Beach County Officials Association, Inc., Youth Basketball Official, West Boynton Recreation Center, for the period April 26, 2014, through June 7, 2014;

 

B) B.E.A.S.T Fitness, Inc., Tri-training program, Aqua Crest Pool, for the period April 26, 2014, through September 30, 2014; and

 

C)  Palm Beach County Officials Association, Inc., Youth and Teen Basketball Official, Westgate Recreation Center, for the period February 22, 2014, through April 19, 2014.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File Agenda Item.  These Independent Contractor Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted to the Board to receive and file.  Districts 3 & 7 (AH)


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

M.        PARKS & RECREATION (Cont’d)

 

2.         Staff recommends motion to receive and file: the following original executed Amphitheater Rental Agreement:

 

AEG Live SE, LLC, The Avett Brothers concert, Sunset Cove Amphitheater, for the period March 28, 2014, through March 29, 2014.

 

Summary: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Amphitheater Rental Agreement has been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2011-1960, and is now being submitted to the Board to receive and file.  This event helped to offer a balanced schedule of events which promote the quality of life in the communities we serve.  An estimated 2,500 persons attended the event produced under the Amphitheater Rental Agreement. District 5 (AH)

 

 

3.         Staff recommends motion to receive and file:  the following original executed Amphitheater Rental Agreements:

 

A) Snook and Gamefish Foundation, Inc., Ales for Anglers concert, Sunset Cove Amphitheater for the period March 29, 2014, through March 30, 2014; and

 

B) Reach Communications, Inc., Reach Fest concert, Sunset Cove Amphitheater for the period April 12, 2014, through April 13, 2014.

 

SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating Department as a Receive and File agenda item.  The Amphitheater Rental Agreements have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Director/Assistant Director of the Parks and Recreation Department in accordance with Resolution 2009‑0335, amended by Resolutions 2009‑1807, 2012‑1715 and 2014‑0166, and are now being submitted to the Board to receive and file.  These events help to offer a balanced schedule of events which promote the quality of life in the communities we serve.  An estimated 7,200 persons attended the events produced under these Amphitheater Rental Agreements. District 5 (AH)

 

 

4.         Staff recommends motion to approve: Budget Transfer of $30,000 within Park Impact Fees Zone 3 from Reserves to the Morikami Museum and Japanese Gardens Improvements project. SUMMARY:  This Budget Transfer will provide the additional funding necessary to complete the chemical storage building at the Morikami Museum and Japanese Gardens.  The chemical storage building project is the final element of the larger Morikami Museum and Japanese Gardens Improvements project approved by the Board of County Commissioners in FY 2010, and funded with a combination of Recreation & Cultural General Obligation Bond Funds and Park Impact Fees.  Several previously completed elements of this project (garden lighting and bridge repair) along with this chemical storage building exceeded consultant cost estimates leaving a budget shortfall.  The estimated cost of the chemical storage building is $61,553.  There is current budget of $31,553 available and an additional $30,000 is needed to fully fund this final project element.  Funding for this budget transfer is from the Park Impact Fees Zone 3 reserve. District 5 (AH)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

Q.        CRIMINAL JUSTICE COMMISSION

 

1.         Staff recommends motion to receive and file: five Grant Adjustment Notices to remove special conditions related to financial clearance, change grantee contact, hold funds, modify budget and release funds for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Second Chance Act Grant which closes on September 30, 2014. SUMMARY: These documents have been fully executed on behalf of the Board of County Commissioners (Board) by the County Administrator/Executive Director of the Criminal Justice Commission in accordance with R2013-1668 that was approved by the Board on November 19, 2013, and are now being submitted to the Board to receive and file. On October 1, 2013, Palm Beach County was awarded a $750,000 grant from the OJJDP to implement reentry services for juveniles until September 30, 2014.  The award provides juveniles with pre and post release services to assist in their transition back into the community. The Grant Adjustment Notice’s do not change the original award amount of $750,000.There is no cost to the County. Countywide (PGE)

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to:

 

A) approve and ratify a Donation Agreement with the Palm Beach County Sheriff’s Office effective retroactively to July 16, 2013; and

 

B)  approve a Supplemental Agreement to Donation Agreement with the Palm Beach County Sheriff’s Office effective retroactively to July 16, 2013.

 

Summary: The Palm Beach County Sheriff’s Office (Sheriff) has donated to the County certain pump equipment acquired by the Sheriff through a federal grant program through the City of Miami.  The Thompson 6ft. High Head Pump (Model No. 6JCEN-Serial No. CJSCEN-211) may be used by Fire Rescue to dewater severe flooding or as a fixed pump for long-term fire pump operations, and has a value of $46,214.  Due to the timing of the donation, Fire Rescue Administration signed a Donation Agreement with the Sheriff to accept the donated pump. The Supplemental Agreement addresses certain standard County contract provisions that should have been included in the Donation Agreement first prepared by the Sheriff.  Palm Beach County shall be subject to the terms and conditions of the original grant program and agreement through which the pump equipment was acquired by the Sheriff and donated to the County. Countywide (SB)

 

 

2.         Staff recommends motion to approve: the donation and title transfer of a surplus vehicle (Asset No. 10154107) to the Palm Beach County Sheriff’s Office for emergency response, contingent upon receipt of the Acceptance of Fire-Rescue Vehicle(s) and/or Equipment form duly executed by the Sheriff. SUMMARY: Pursuant to Section 274.05, Florida Statutes, Fire Rescue is donating a surplus Rescue Unit (model year 2004) to be housed and maintained by the Sheriff’s Office.  The unit will be refurbished at the Sheriff’s expense and equipped with tactical equipment, specialized communications equipment and protective gear, which can be utilized for a joint response to domestic terrorist activities.  The Emergency Service Response Teams will use this equipment for law enforcement response such as hostage situations, civil disturbances, and terrorist type events.   The donation of this equipment will greatly enhance the Sheriff’s ability to provide services to the citizens of the County for special tactical incidents.   The estimated value of this donation is $35,000. Countywide (SB)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

U.        INFORMATION SYSTEMS SERVICES

 

1.         Staff recommends motion to:

 

A) approve Affiliate Connection Agreement (Agreement) with the Florida LambdaRail, LLC (FLR) to enable the County’s continued access to high-speed network services at an annual cost of $180,776, ($150,776 for network service fees and estimated $30,000 for Third Party Connection fees); and

 

B) authorize the County Administrator or his designee, ISS Director, to approve and execute FLR Service Ticket (“S-Ticket”) requests associated with FLR services, up to a maximum dollar value of $50,000 per ”S-Ticket”.

 

SUMMARY: On April 15, 2008, the County entered into an Agreement with Florida LambdaRail, LLC (R2008-0674, Original Agreement) to obtain high-speed, high bandwidth optical network services to support the needs of the County and other governmental, educational and non-profit entities utilizing the Palm Beach County Regional Network.  This Original Agreement expired on April 15, 2014 as the County and FLR worked to generate the new agreement; therefore, the effective commencement date for the successor Agreement is April 16, 2014, upon the last signature to the agreement. FLR “S-Ticket” is a one-stop, online system for reporting problems, requesting new services or changing existing services and will be used by ISS Network staff for these purposes. Countywide (PFK)

 

 

2.         Staff recommends motion to:

 

A) approve the Agreement for ISS network services between Palm Beach County and Lutheran Services Florida, Inc. for an annual revenue total of $7,470 for FY 2014; and

 

B) authorize the County Administrator or his designee, ISS Director, to approve and execute Task Orders associated with these services, up to a maximum dollar value of $50,000 per Task Order.

 

SUMMARY:  Lutheran Services Florida, Inc. (LSF) is requesting network services to ten Head Start/Early Head Start locations where the LSF is assuming responsibility for the Head Start program which is currently administered by the Community Services Department.  This Agreement takes effect on July 1, 2014 and will generate revenues to the County totaling $2,490 per month, totaling $7,470 for FY 2014.  The Florida LambdaRail, LLC has approved connection of LSF to the Florida LambdaRail network. Countywide (PFK)

 

 

3.         Staff recommends motion to approve: the First Amendment to the Interlocal Agreement R2014-0343 with the Village of Royal Palm Beach.  SUMMARY:  The Village of Royal Palm Beach (Village) has an existing agreement with Palm Beach County for Network Services (R2014-0343) and wishes to amend this agreement to update the nondiscrimination language to current contract standards, to revise the start date for network services and reduce their monthly internet fees.  The Village’s monthly network services costs will decrease from $425 to $360 based on the revised fee structure which was approved by the Board of County Commissioners on January 14, 2014.  The County’s revised annual revenue in FY 2014 is $5,863, which includes a one-time installation fee of $4,783. The Florida LambdaRail, LLC has approved connection of the Village to the Florida LambdaRail network. District 6 (PFK)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to receive and file: First Amendment to the contract (R2013-1461) with Emergency Specialists of Wellington, LLC (ESOW) to amend the contract amount from $152,521.04 to $168,059.50 and extend the completion date from June 30, 2014 to September 30, 2014. SUMMARY:  In 2011, the Division of Victim Services (Division) was awarded $880,662 in funding from the State of Florida, Department of Health (DOH) via Contract No. COH8Z for the period September 1, 2011, through June 30, 2014, to implement a sexual assault forensic exam facility and SANE program in Palm Beach County.  The Division also generates funds from the reimbursement of sexual battery initial forensic physical examinations through the Attorney General’s Crime Victims’ Services Office as set forth in Florida Statute 960.28 in the amount of $53,000.  From these funding sources, the Division provides $152,521.04 to ESOW for a Sexual Assault Nurse Examiner (SANE) Nurse Coordinator and several on-call SANE nurses to perform forensic rape exams for Victim Services.  The First Amendment to the ESOW contract (R2013-1461) increases the amount by $15,538.46 and extends the completion date three months in order to continue services until the award is approved by the State of Florida, DOH.  This is the final year Palm Beach County Victim Services and Certified Rape Crisis Center intends to contract with ESOW for SANE forensic examination services.  On August 16, 2011 (R2011-1223), the County Administrator or his designee was authorized to execute contracts and amendments utilizing funding from the State of Florida, DOH on behalf of the Palm Beach County Board of County Commissioners. Countywide (PGE)

 

 

2.         Staff recommends motion to:

 

A) approve Agency Affiliation Agreement for Psychology Practicum Students from Carlos Albizu University earning doctoral degrees which will allow the Youth Affairs Division to provide clinical supervision to individuals seeking training and experience in family and youth counseling to obtain state licensure for the period May 19, 2014, through May 18, 2017, at no cost to the County; and

 

B) authorize the County Administrator, or his designee, to execute any future Affiliation Agreements, or amendments, between the County and Carlos Albizu University in any educational field of study, on behalf of the Board of County Commissioners, after approval of legal sufficiency by the County Attorney’s Office, and within budgeted allocations.

 

SUMMARY: The County, through its Youth Affairs Division is an authorized counselor training facility for many state colleges and universities offering degrees in psychology, social work, and similar fields of educational study. Doctoral programs require practicum experience in order to meet degree and licensing requirements.  The Division is offering its services and programs through this Affiliation Agreement, as a means for the students to obtain the necessary training and experience to earn their respective degree.  There are no costs associated with this Affiliation Agreement.  Countywide (PGE)

 


 

JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

X.        PUBLIC SAFETY (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) the addition of one full-time Sexual Assault Nurse Examiner (SANE) Program Coordinator position (Pay Grade 40) contingent upon grant funding being approved by the State of Florida, Department of Health (DOH); and

 

B) a rape exam rate of up to $300 for the SANE Nurse Coordinator position when a forensic rape exam is performed as approved by Florida Statute (F.S.) 960.28.

 

SUMMARY:  In 2011, Public Safety’s Division of Victim Services was awarded $880,662 from the State of Florida, DOH via Contract No. COH8Z for the period September 1, 2011 through June 30, 2014 to implement a sexual assault forensic exam facility and SANE program in Palm Beach County. Victim Services also generates funds from the reimbursement of sexual battery initial forensic physical examinations through the Attorney General’s Crime Victims’ Services Office as set forth in F.S. 960.28 in the amount of $53,000.  From these funding sources, Victim Services provides $152,521.04 to Emergency Service of Wellington, LLC (ESOW) for a SANE Program Coordinator and a pool of SANE nurses who work on a stand-by basis to perform forensic rape exams for Victim Services.  ESOW agreed to assist Victim Services when the SANE program started to provide the payroll service for the nurses at no cost. However, ESOW is not a private nurse service, but rather a provider of contracted emergency room physicians.  Long term, this is not a service that fits with ESOW’s business goals.  Victim Services considered using a different nurse contracting service but, due to the fees charged, it does not fit the County’s budget needs.  Therefore, Victim Services is requesting the SANE Program Coordinator become a County position.  This position will manage the day-to-day operations of the SANE program, supervise up to 12 on-call SANEs, perform forensic exams, provide expert witness testimony, train first-responders and emergency room staff county-wide, represent Victim Services at conferences and community events, and participate on the Sexual Assault Response Team (SART).   The additional position is contingent upon approval of funding from the State of Florida, DOH for the period July 1, 2014 through June 30, 2017, at which time the position will be deleted from Victim Services complement.  In addition, the rape exam rate of up to $300 will only be paid in extreme circumstances when coverage is not available by other staff to perform the forensic rape exams after hours.  The rape exams are 100% funded under F.S. 960.28.  Countywide (PGE)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

AA.      PALM TRAN

 

1.         REVISED TITLE & SUMMARY: Staff recommends motion to approve: Appointment of one At-Large member and Reappointments of two At-Large members to the Palm Tran Service Board (PTSB):

 

Nominee                                  Category/Seat No.                    Term to Expire             Nominated By:

NEW APPOINTMENT

Deidra F. Gibson                       Senior Citizen                           June 2, 2017                 Mayor Taylor

                                                Seat No. 7                                                                    Comm. Valeche

REAPPOINTMENTS

Terry Brown                               Representative with                   June 2, 2017                 Mayor Taylor

                                                Transportation Experience                                             Comm. Valeche

                                                Seat No. 1                                                                    Vice Mayor Burdick

                                                                                                                                    Comm. Vana

Comm. Abrams

 

John Wilson                              Citizen At-Large                         June 2, 2017                 Mayor Taylor

Seat No. 11                                                                   Comm. Valeche

                                                                                                                        Vice Mayor Burdick

                                                                                                                        Comm. Vana

Comm. Abrams

 

Summary: The Palm Tran Service Board is composed of 13 At-Large members and currently there are  four vacancies. is one (1) vacancy. The new appointment of Ms. Gibson, Seat 7, will fill that vacancy.  Incumbents of Seats 1 and 11 are members in good standing and have expressed their desire to continue to serve subsequent terms. A memo dated May 7, 2014 was circulated to the Board of County Commissioners requesting support of Mr. Brown and Mr. Wilson's reappointments or requesting additional nominations.  No additional nominations were received. Countywide (DR)

 

 

BB.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, a Palm Beach County Sheriff’s Office Amendment Letter-UASI 2012GY, from the City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative, to provide an additional $174,164 in reimbursable funding for the Surveillance Vehicle Project; and

 

B) approve a Budget Amendment of $174,164 in the Sheriff’s Grant Fund.

 

SUMMARY: On January 14, 2014, the Board of County Commissioners accepted an agreement with the City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative grant, to provide $383,909 in reimbursable funding for various direct law enforcement domestic security activities (R2014-0089).  On March 11, 2014, the Board of County Commissioners accepted a grant modification which provided an additional $56,000 in reimbursable funding to offset the costs associated with the MetaData Planner Project (R2014-0350). This Amendment will provide additional funding to offset the costs associated with the Surveillance Vehicle Project. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (PGE)

 

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

BB.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to approve: a Budget Transfer of $319,700 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO). SUMMARY: Florida Statute 932.7055(5) provides that the seizing agency shall use Forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. F.S. 932.7055(5) also requires that no less than 15% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2014 estimated donation requirement is $65,729. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $1,529,642. The funds are requested here are to aid PBSO and qualified organizations that meet the requirements set forth in F.S. 932.7055. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $960,955. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $641,255.  The PBSO certifies that the use of these funds is in accordance with F.S. 932.7055.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required.  Countywide (PGE)

 

 

ORGANIZATION

AMOUNT

National Campaign to Stop Violence, Inc. – Do the Write Thing

$7,500

Alzheimer's Community Care, Inc.

$10,000

Cellus Foundation

$25,000

Crime Stoppers of Palm Beach County, Inc.

$35,000

Florida FBI National Academy Association, Inc.

$5,000

Florida Crime Prevention Association

$7,000

Kidsafe Foundation

$5,000

Palm Beach County Sheriff's Foundation (School Supplies)                        

$35,000

Palm Beach County Sheriff's Foundation (Shop with a Cop)                        

$45,000

Palm Beach Recovery Coalition, Inc.

$25,200

2-1-1 Palm Beach Treasure Coast, Inc.

$15,000

Area Agency on Aging Palm Beach, Treasure Coast, Inc.

$10,000

Big Dog Ranch Rescue, Inc.

$15,000

Boys & Girls Club of Palm Beach County, Inc. (Belle Glade)

$15,000

Boys & Girls Club of Palm Beach County, Inc. (Wellington)

$5,000

Homesafe, Inc.

$5,000

Leadership Palm Beach County

$10,000

Safecall Now

$10,000

The National Center for Missing & Exploited Children/ Florida Regional

$10,000

West Palm Beach Library Foundation

$15,000

Young Women’s Christian Association of Palm Beach County, FL

$5,000

Zoological Society of the Palm Beaches (Palm Beach Zoo)

$5,000

Total Amount

$319,700



JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

CC.     SUPERVISOR OF ELECTIONS

 

1.         Staff recommends motion to approve: Precinct boundary changes submitted by Susan Bucher, Supervisor of Elections, as required by section 101.001(1), Florida Statutes.  Summary:  Precinct boundary changes as indicated. Countywide (TKF)

 

 

DD.     TOURIST DEVELOPMENT COUNCIL

 

1.         REVISED TITLE: Staff recommends motion to approve:

 

A) Amendments to the Agreements with

 

1) Third Amendment with Discover Palm Beach County, Inc. (R2012-1320) in the amount of $1,300,000;

 

2) Third Amendment with the Cultural Council of Palm Beach County, Inc. (R2012-1318) in the amount of $325,000;

 

3) Second Amendment with the Palm Beach County Sports Commission, Inc. (R2012-1321) in the amount of $175,000; and

 

4) Second Amendment with the Palm Beach County Film & Television TV Commission, Inc. (R2012-1319) in the amount of $175,000 to provide for receipt of additional bed tax funding for a marketing stimulus campaign;

 

B) Budget Transfer of $2,000,000 from the TDC-1st Cent Tourism Local Option Tax Fund operating reserves to establish transfers to the: 1) TDC-Tourism, 2)TDC-Cultural Arts, 3) TDC-Film and Television Commission, 4) TDC-Sports Commission and 5) Department of Airports to fund a marketing stimulus campaign;

 

C) Budget Amendment of $1,300,000 in the Tourism Fund to recognize and appropriate the transfer from 1st Cent Tourism Local Option Fund;

 

D) Budget Amendment of $325,000 in the Cultural Arts Fund to recognize and appropriate the transfer from the TDC-1st Cent Tourism Local Option Fund;

 

E) Budget Amendment of $175,000 in the Sports Commission Fund to recognize and appropriate the transfer from the TDC-1st Cent Tourism Local Option Fund;

 

F) Budget Amendment of $175,000 in the Film & Television Commission Fund to recognize and appropriate the transfer from the TDC-1st Cent Tourism Local Option Fund; and

 

G) Budget Amendment of $25,000 in Airport Capital Projects to recognize and appropriate the transfer from the TDC-1st Cent Tourism Local Option Fund.

 

SUMMARY: The amendments to the County’s agreements with the four TDC agencies provide for revised budgets reflecting their receipt of additional funding for a marketing stimulus campaign. Included is a budget amendment for marketing stimulus funds for Airport Capital Projects for monitors. The budget amendments and transfers reflect prior Board of County Commissioners direction to reallocate $2 Million from operating reserves from the TDC-1st Cent Tourism Local Option Tax Fund for the marketing stimulus campaign on May 20th 2014. Countywide (DW)

 


JUNE 3, 2014

 

 

3.         CONSENT AGENDA APPROVAL

 

 

DD.     TOURIST DEVELOPMENT COUNCIL (Cont’d)

 

2.         REVISED TITLE & SUMMARY:  Staff recommends motion to approve:

 

A) the Fourth an Amendment to the Agreement with the Cultural Council of Palm Beach County, Inc., (the “Cultural Council”) (R2012-1318) for the provision of services under Palm Beach County’s Tourist Development Plan; and

 

B) a Budget Transfer totaling $175,000 from Category B grants to Cultural Council’s contract for marketing and advertising.

 

SUMMARY:  The Fourth Amendment to the Agreement with the Cultural Council reflecting additional funds resulting in the cancellation of two Category B recipients grants to further assist with marketing and advertising efforts for the Cultural Council. (TDC) Countywide (DW)

 

 

 

* * * * * * * * * * * *


JUNE 3, 2014

 

 

4.         PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and file: Proof of publication)

 

 

A.        Staff recommends motion to:

 

1) approve the Application of Oxbridge Academy Foundation, Inc., d/b/a Oxbridge Academy of the Palm Beaches (Borrower) for the issuance of bonds;

 

2) conduct a Tax Equity & Fiscal Responsibility Act (TEFRA) Public Hearing concerning the issuance by the County of not to exceed $35,000,000 of Adjustable Mode Revenue Bonds (Oxbridge Academy Project), Series 2014 (the “Bonds”), at one time or from time to time, in one or more series of tax-exempt and/or taxable bonds, which will fund a loan to the Borrower, a Florida not-for-profit corporation which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and

 

3) adopt a Resolution of the Board of County Commissioners of Palm Beach County, Florida authorizing the issuance of the Adjustable Mode Revenue Bonds (Oxbridge Academy Project), Series 2014, in an aggregate principal amount not exceeding $35,000,000, for the purpose of making a loan of funds to Oxbridge Academy Foundation, Inc., d/b/a Oxbridge Academy of The Palm Beaches, in order to finance and refinance the acquisition, improvement, renovation, installation and equipping of educational facilities; providing that such revenue bonds shall not constitute a debt, liability or obligation of Palm Beach County, Florida or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues herein provided; approving and authorizing the execution and delivery of a Loan Agreement with Oxbridge Academy Foundation, Inc., d/b/a Oxbridge Academy of The Palm Beaches, to provide security for such bonds and for other matters therein provided; approving and authorizing the execution and delivery of an Indenture of Trust; approving and authorizing the execution and delivery of certain other documents required in connection with the foregoing; and providing certain other details in connection therewith.

 

Summary: The Borrower offers high school education at their campus located at 3151 North Military Trail in unincorporated Palm Beach County.  The proceeds of the Bonds will fund the acquisition, improvement, renovation, installation and equipping of a coeducational college-preparatory high school campus for students in grades 9 through 12, including the acquisition of approximately 54.34 acres of land with four buildings totaling approximately 194,409 gross square feet of space used for classrooms, media/library facilities, science labs, an auditorium with a 535 person seating capacity, food services, administration and maintenance, in addition to athletic facilities (a multipurpose stadium, a softball field, and a gymnasium).  The proceeds will also be used for renovations, improvements, equipment purchases and other capital expenditures.  The Economic Impact Analysis demonstrates a positive impact of $59.2 Million over five years.  The Bonds will not constitute a debt, liability or obligation or a pledge of the faith and credit or taxing power of the County or of the State of Florida or of any political subdivision thereof, but shall be payable solely from the revenues of and proceeds pledged by the Borrower. District 7 (PFK)

 

 

 

 

* * * * * * * * * * * *


JUNE 3, 2014

 

 

5.         REGULAR AGENDA

 

 

A.        ADMINISTRATION

 

1.         UPDATED BACKUP: Staff recommends motion to receive and file: Presentation of the 2014 Legislative Session final report by the Palm Beach County Legislative Affairs Office and Palm Beach County Legislative Delegation Office.  SUMMARY: A presentation of the final legislative report reviewing Palm Beach County’s 2014 State Legislative Agenda priorities and appropriations with the Board of County Commissioners. Countywide (DW)

 

 

2.         Staff recommends motion to approve: Interlocal Agreement with the Children’s Services Council of Palm Beach County, beginning on June 3, 2014, and ending on September 30, 2019, providing for the payment of matching funds for the Head Start Program and providing for expansion of County sponsored youth and young adult programming. SUMMARY: This Agreement implements the Head Start partnership agreement with the Children’s Services Council approved in concept by the Board of County Commissioners on September 24, 2013.  The Agreement obligates the County to make annual payments towards the Head Start match totaling $11,425,000 over a four-year period ending on July 1, 2018.  This new four-year payment amount is a substantial decrease from the $28,400,000 that would be required if the County obligation continued at the current FY 2014 contribution level.   At the conclusion of the four-year period, the County will have no further obligation related to Head Start program funding. In exchange for this release, the County agrees to invest in additional evidence-based/promising programming and services for youth and young adults starting in FY 2016 at $1 million and increasing annually to a level of $4.1 million in FY 2019. The Agreement also obligates the County to work cooperatively with the Children’s Services Council to provide local support for the Head Start Program and to establish and maintain an integrated and effective early childhood education program in the County.  The Children’s Service Council agrees to serve as the lead public agency in providing local oversight and support to the Head Start Program.  Their obligations include payment to the Head Start grantee a total of $26,775,000 ($11,425,000 in County funds and $15,350,000 in Council funds) over the term of the Agreement to satisfy the federal funds matching requirement.  Program criteria are described in the Agreement and County and Children’s Services Council payment obligations are subject to funding availability and annual appropriations by the Board of County Commissioners and the Council. Countywide (TKF)

 

 

            B.        COUNTY ATTORNEY

 

                                    TIME CERTAIN 11:00 A.M.

1.         Staff recommends motion to adopt: a Resolution calling for a referendum to be held on November 4, 2014 for the purpose of submitting to the duly qualified electors of Palm Beach County, Florida a question regarding the School Board of Palm Beach County, Florida’s authority to continue an annual levy of 0.25 mills for school operational purposes for the next four fiscal years beginning July 1, 2015 and ending June 30, 2019; providing for notice of election; providing for an official ballot; providing for absentee voting and early voting; providing for referendum results; providing for severability and providing an effective date. SUMMARY: Section 1011.71, Florida Statutes, permits the School Board, by super majority vote, to levy an annual .25 mills for school operational purposes.  That statute requires a referendum to be held before that .25 mills levy may be extended.  The School Board adopted a Resolution on May 13, 2014 requesting that this referendum be held on November 4, 2014.  Adoption of this Resolution will allow the referendum to be held. Countywide (PFK)

 


JUNE 3, 2014

 

 

5.         REGULAR AGENDA

 

 

C.        ECONOMIC SUSTAINABILITY

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida authorizing the issuance of the County's Industrial Development Revenue Bonds, (Gulfstream Goodwill Industries, Inc. Project), Series 2014A and Series 2014B in the aggregate principal amount of not exceeding $7,000,000 for the purpose of providing funds to make a loan to Gulfstream Goodwill Industries, Inc. (the "Borrower") to provide funds to refinance the County's Tax-Exempt Adjustable Mode Industrial Development Revenue Bonds (Gulfstream Goodwill Industries, Inc. Project) Series 2006, refinance conventional debt of the Borrower, finance capital expenditures of the Borrower and to pay the costs of issuing the Bonds; authorizing the execution of a Financing Agreement; awarding the sale of the Bonds by a negotiated sale; authorizing officials of the County to take certain action in connection with the issuance of the Bonds; making certain other covenants and agreements in connection with the issuance of the Bonds; and providing an effective date.  Summary: On May 20, 2014, the Board of County Commissioners (BCC) conducted a Tax Equity & Fiscal Responsibility Act (TEFRA) Public Hearing concerning the issuance of up to $7,000,000 Industrial Development Revenue Bonds to fund a loan to the Borrower.  The BCC also approved the Borrower’s application for the issuance of the Bonds.  The proceeds of the Bonds will be used by the Borrower to refinance the County's Tax-Exempt Adjustable Mode Industrial Development Revenue Bonds (Gulfstream Goodwill Industries, Inc. Project) Series 2006, refinance conventional debt and finance capital expenditures for the purchase of a point of sale computer system.  The Borrower utilizes revenue generated through the sale of donated goods to fund, design and deliver vocational and training programs serving persons with disabilities and economic disadvantages. Neither the taxing power nor the faith and credit of the County, nor any County funds, shall be pledged to pay the principal, premium, if any, or interest on the Bonds. Districts 1, 2, 4, 5, 6 & 7 (PFK)

 

 

D.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: a Concessionaire Service Agreement (CSA) with Little Deeper Charters, Inc., a Florida corporation, for operation of a multi service concession at Phil Foster Park for $25,000/year minimum guaranteed annual revenue.  SUMMARY:  The Parks and Recreation Department desires to make available to patrons of Phil Foster Park water sports rentals, prepackaged food, beverage and sundry services. Several parties indicated an interest in operating a concession to provide such services and several previous Requests For Proposals (RFP) for the operation of the concession were issued without receiving any response.  Subsequent discussions with interested parties identified the small area allowed for operations and lack of reserved parking as the primary issues.  In February 2014, PREM issued a new RFP with revised terms, including a lower minimum rent, twelve reserved parking spaces and the opportunity for the respondent to identify additional areas within the park for its use. Two proposals were received.  The response from Lake Worth Lagoon Environmental Defense Fund, Inc, d/b/a Lagoon Keepers (Lagoon) was initially deemed nonresponsive for failure to provide the required signed CSA.  The proposal from Little Deeper Charters, Inc. (LDC) did not include the required information on proposed pricing of services.  Both respondents were given the opportunity to cure the deficiencies in their proposals and, upon review of both proposals, the Selection Committee unanimously recommends awarding the concession to LDC.  The guaranteed annual rent under the CSA with LDC is $25,000/year ($2,083.34/month), and requires payment of percentage rent of 10.5% of annual gross revenues in excess of $238,000, with annual four percent (4%) increases. The initial term of the CSA is for three years, with three options to extend, each for a period of two years. Parks will manage the CSA with LDC.  (PREM) District 7 (HJF)

 

 

JUNE 3, 2014

 

 

5.         REGULAR AGENDA

 

 

D.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

2.         Staff recommends motion to:

 

A) adopt a Resolution authorizing the conveyance of the County’s interest in a 0.13 acre vacant parcel of County-owned land located on Eden Lawn Terrace in West Palm Beach to Marta Warzel for $3,000 with reservation of mineral and petroleum rights, but without rights of entry and exploration; and

 

B) approve a Deposit Receipt and Contract for Sale and Purchase with Marta Warzel for the sale of a 0.13 acre parcel of vacant land for $3,000; and

 

C) approve a County Deed in favor of Marta Warzel.

 

SUMMARY:  The County acquired a 0.13 acre parcel of vacant land on Eden Lawn Terrace in unincorporated West Palm Beach by Tax Deed in June 2004.  This property was deemed surplus because it serves no present or future County purpose.  The assessed value of the parcel is $8,473.  Pursuant to Florida Statutes Section 125.35(2), the Board may effect a private sale of the parcel upon a finding that the value of a parcel is $15,000 or less, as determined by the County property appraiser, and when due to its size, shape, location and value it is of use to only one or more adjacent property owners.  The property is 40’x145’, and cannot be developed as a standalone parcel and is only of use to the adjoining owners.  Notice of the County’s intent to sell this parcel was sent to the three adjacent property owners providing them an opportunity to bid on this parcel.  Only one response was received from Marta Warzel with a proposed purchase price of $3,000.  Staff recommends the sale of this parcel as it will lessen the County’s potential liability and maintenance responsibilities and return the parcel to the tax roll.  The County will retain mineral rights in accordance with Florida Statutes Section 270.11, but will not retain rights of entry and exploration. This sale must be approved by a supermajority vote (5 Commissioners). (PREM) District 2 (HJF)

 

 


JUNE 3, 2014

 

 

5.         REGULAR AGENDA

 

 

E.        PALM TRAN

 

1.         Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida, adopting a revised Disadvantaged Business Enterprise (DBE) Program for Palm Beach County’s public transit system, Palm Tran; authorizing Palm Tran’s Executive Director or Assistant Executive Director through the County Administrator, on behalf of the Board, to execute the DBE Program Policy Statement, to transmit the revised DBE Program to the Federal Transit Administration (FTA) for approval, and to make certain ministerial adjustments to the Disadvantaged Business Enterprise Program; providing for severability; and providing for an effective date.  Summary:  The County, as a an entity receiving more than $250,000 in FTA funding, is required to adopt and implement a DBE Program for Palm Tran pursuant to 49 Code of Federal Regulation (CFR) Part 26.  The County adopted a DBE Program on August 31, 1999 (R99-1617).  The DBE Program is being revised: i) pursuant to direction from the FTA to incorporate revisions to 49 CFR Part 26; ii) to reflect current departmental procedures; iii) to  authorize the County Administrator or his designee to make adjustments to the DBE Program from time to time to ensure compliance with 49 CFR Part 26, to document changes in County or departmental procedures or policies, or as otherwise required or recommended by the FTA, the Unified Certification Program for the State of Florida, or applicable federal regulations, policies, guidance documents or orders (changes made to be filed in Minutes of the Clerk of the Board and subject to FTA approval); iv) to include prompt payment, monitoring and enforcement mechanisms, and updated contract clauses; and, v) to incorporate the County’s Small Business Enterprise Ordinance. Countywide (DR/TKF)

 

F.         ENGINEERING & PUBLIC WORKS

 

1.         ADD-ON, REVISED TITLE & SUMMARY: Staff recommends motion to:

 

A) Supplemental Agreement Amendment Supplemental Number One (Amendment Supplemental) with the State of Florida Department of Transportation (FDOT) for the design of a canal bank slope protection project on the easternmost 1.5 miles of County Road 880 (Project);

 

B) approve a Federal-Aid Project Funding Request for the Project; and

 

C) approve a Budget Amendment of $17,437 in the Transportation Improvement Fund to recognize additional funding from FDOT and appropriate it to the CR 880 Embankment Repair project.

 

SUMMARY: Adoption of the Resolution for the Amendment Supplemental will eliminate the requirement for the Palm Beach County (County) to provide 18% matching funds.  FDOT will provide up to $96,500 at 100% reimbursement.  The County will be responsible for all costs above this grant amount.  The Federal-Aid Project Funding Request reiterates the funding change in the Amendment Supplemental and the Budget Amendment recognizes the funding change. Approval of the LAP agreement by the Board of County Commissioners on February 4, 2014, R2014-0124 allowed the County to receive a grant of up to $79,062.45 for the Project whose current estimated design cost is $96,500. District 6 (MRE)

 

* * * * * * * * * * * *


JUNE 3, 2014

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

* * * * * * * * * * * *


JUNE 3, 2014

 

 

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

 

 

 

 

* * * * * * * * * * * *

 


JUNE 3, 2014

 

 

8.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

B.        COUNTY ATTORNEY

 

 

 


JUNE 3, 2014

 

 

9.         COMMISSIONER COMMENTS

 

 

A.        District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

B.        District 2 – COMMISSIONER PAULETTE BURDICK, VICE MAYOR

 

 

 

 

 

 

C.        District 3 - COMMISSIONER SHELLEY VANA

 

 

 

 

 

 

D.        District 4 – COMMISSIONER STEVEN L. ABRAMS

 

 

 

 

 

 

E.        District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

F.         District 6 - COMMISSIONER JESS R. SANTAMARIA

 

 

 

 

 

 

G.        District 7 - COMMISSIONER PRISCILLA A. TAYLOR, MAYOR

 

Request approval to present off-site, a Proclamation declaring May 30, 2014 as “Desert of Florida, Prince Hall Shriners and Daughters of Isis Day” in Palm Beach County.

 

ADD-ON:  Request approval to present off-site, a Proclamation “Honoring Elmira Gilbert on the Occasion of her 99th Birthday” in Palm Beach County.

 

ADD-ON: Request approval to present off-site, a Proclamation declaring June 20, 2014 as “National Summer Learning Day” in Palm Beach County. (Sponsored by Mayor Taylor)    

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."