October 20, 2015 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 20, 2015
PAGE ITEM
7 3A-2 DELETED: Staff recommends motion to: A) ratify
the signature of the Vice Mayor on a Cooperative Agreement No. FF204K145023
with the U.S. Department of Housing and Urban Development (HUD) allowing the
Office of Equal Opportunity (OEO) to receive revenue for processing and
resolving housing discrimination complaints for the period of July 1, 2014,
through June 30, 2015 in the total amount of $260,825; and….(Admin/OEO)
(Further staff review)
13 3E-6 DELETED:
Staff recommends motion to approve:
Memorandum of Agreement with Children’s
Services Council of Palm Beach County and United Way of Palm Beach County,
Inc., for the period October 1, 2015, through September 30, 2016, in an amount
totaling $383,997 of which $142,457 is funded by Palm Beach County. (Community
Services) (Further staff review)
21 3H-7* DELETED: Staff
recommends motion to approve: Emergency
Contract No. 750721 with Norred & Associates,
Inc. for uniformed security guard services for various locations throughout
Palm Beach County for approximately
$1,700,312 for a twelve month term commencing October 28, 2015. (FDO) (Further staff review)
37 5A-2 DELETED: Staff recommends
motion to approve: A) Amendment
No. 4 to the Agreement (R2011-1975) with the Business Development Board of Palm
Beach County, Inc. (BDB) allocating an additional $400,000 in supplemental
funding for Fiscal Year 2015-2016 and expanding the scope of work; ….(Admin)
(Further staff review)
40 5B-2 REVISED TITLE: Staff recommends motion to: A) Adopt, contingent upon the receipt
of an unconditional Funding Certification Letter from the State of Florida,
Department of Economic Opportunity no later than October 30, 2015, a Resolution
of the Board of County Commissioners of Palm Beach County, Florida authorizing
the issuance of not exceeding $133,000,000 in total original aggregate
principal amount of its Public Improvement Revenue Bonds (Professional Sports
Franchise Facility Project), in one or more series (the “Professional Sports
Facility Bonds”)….B) approve a Budget Amendment of $133,000,000 in the $133M Public Improvement Revenue Bonds, Series
2015C Capital Project Fund to budget bond proceeds, costs of issuance, and
project costs. (FDO)
42 5D-1 ADD-ON:
Staff recommends motion to approve:
A) Additional Services Authorization No. 4 to the Contract for
External Auditing Services dated March 12, 2013 (Resolution/Document R2013-0347),
with McGladrey LLP (Auditor), for additional services
to provide a High Spend analysis and a Budget Comparison to Peers analysis; and
B) Budget Transfer of $48,000 in the General
Fund from Contingency for this item.
SUMMARY: This authorization will allow the County’s external Auditor, McGladrey LLP, to perform an analysis of County spending,
to see if opportunities exist for savings within specific funds (General Fund,
Palm Tran Fund, County Transportation Trust Fund, Fleet Fund, and Risk
Management Fund), to provide comparisons to peer
counties, and make recommendations to assist in making informed decisions that
will improve efficiency and effectiveness. The budget transfer will
establish the budget of $48,000 from contingency for this item. Countywide
(PFK) (OFMB)
42 5E-1 ADD-ON: Staff recommends motion to approve: an Agreement with the Animal Recovery Mission, Inc. (ARM), for the care
of animals seized by the County on October 13, 2015. SUMMARY: On
October 13, 2015, Animal Care and Control (ACC) and ARM assisted the Palm Beach
County Sheriff’s Office (PBSO) in removing more than 750 farm animals from
farms that illegally and inhumanely slaughter animals. Due to the large number of animals seized,
ACC is unable to maintain all of the animals at its shelter. ARM agreed to maintain a large number of the
animals pending the outcome of animal custody cases that will soon be filed.
This Agreement sets forth the terms under which ARM will maintain the animals
until the conclusion of court cases to determine custody of the animals and how
the animals will be disposed of after such cases. The parties agree that the
County shall not be responsible to compensate ARM for any costs ARM incurs to
impound, transport, possess or care for the animals at issue in this Agreement.
(Animal Care & Control) District 6 (SF) (Public Safety)
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 (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 20, 2015
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT
AGENDA (Pages 7 - 33)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 34 -
36)
5. REGULAR
AGENDA (Pages 37 - 42)
6. BOARD
APPOINTMENTS (Page 43)
7. STAFF
COMMENTS (Page 44)
8. COMMISSIONER
COMMENTS (Page 45)
9. ADJOURNMENT (Page 45)
* * * * * * * * * * *
OCTOBER 20, 2015
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Handicap
Accessibility and Awareness Grant Program grants
3A-2 Ratify the Mayor signature on a Cooperative
Agreement with the U.S. Department of Housing and Urban Development relating to
processing/resolving housing discrimination complaints
Page 8
3A-3 Installation
and maintenance of three street lighting projects
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 9
3C-1 Two Resolutions declaring the acquisition of
Parcels 102 and 104 relating to a westbound turn lane from Okeechobee Boulevard
onto Ponce de Leon Street
3C-2 First Amendment to three annual construction
materials testing, geotechnical engineering and inspection contracts
D. COUNTY ATTORNEY - None
E. COMMUNITY SERVICES
Page 10
3E-1 Contract for Provision of Services with The
Salvation Army to provide emergency shelter to homeless or at-risk for
homelessness individuals
3E-2 Contract for Consulting/Professional
Services with the Legal Aid Society of Palm Beach County, Inc. for a legal
assistance program for the elderly
Page 11
3E-3 Ratify the Mayor’s signature on the 2015
Challenge Grant Application with the Florida Department of Children &
Families
3E-4 Ratify the Mayor’s signature on the 2016
Older Americans Act Request for Proposal with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc.
Page 12
3E-5 Contracts and Amendments for Provision of
Financial Assistance with various agencies to provide a variety of human
services needs to the community
Page 13
3E-6 Memorandum of Agreement with Children’s
Services Council of Palm Beach County and United Way of Palm Beach County, Inc.
related to the Financially Assisted Agency program
Page 14
3E-7 Purchase Order for the Senior Companion
Program with the Florida Department of Elder Affairs for volunteer support
expenses
F. AIRPORTS
Page 15
3F-1 Award
Modification of Law Enforcement Officer Reimbursement Program Other
Transactional Agreement with the Transportation Security Administration for law
enforcement services at PBIA
Page 16
3F-2 Amendment
No. 4 with The Weitz Company, LLC relating to renovations to the Third Level
Conference Room at PBIA
3F-3 Amendment
No. 2 with The Whiting-Turner Contracting Company relating to operation and
maintenance for the Baggage Handling System at PBIA
3F-4 Utility
Easement Agreement with FPL for relocation of electric utilities associated
with the travel plaza facility
OCTOBER 20, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
F. AIRPORTS
(Cont’d)
Page 17
3F-5 Terminal Space Lease Agreement with
PrimeFlight Aviation Services, Inc.
3F-6 License
Agreement with Enterprise Leasing Company of Florida, LLC for parking of
vehicles on a portion of PBIA’s economy parking lot
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET - None
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 17
3H-1 Contract with One Call Property Services,
Inc. for exterior painting of the Operations & Maintenance Complex and WTP
No. 3 buildings at South Regional Operations Center
Page 18
3H-2 Contract with Leo A. Daly Company, Inc. to
provide planning and design services associated with detention facilities
projects
3H-3 Agreement with City of Margate relating to
the County’s 800 MHz Radio System
Page 19
3H-4 Contract with All-Site Construction, Inc. for
Fire-Rescue Station No. 42 renovations
3H-5 Amendment No. 7 with Hedrick Brothers
Construction Co., Inc. for HVAC projects at the Southern Region Operations
Center
Page 20
3H-6 Amendment No. 1 to seven annual electrical
contracts
Page 21
3H-7 Emergency Contract No. 750721 with Norred
& Associates, Inc. for uniformed security guard services
I. ECONOMIC SUSTAINABILITY
Page 21
3I-1 Receive
and file three documents for program administered by the Department of Economic
Sustainability
Page 22
3I-2 Agreement
with the Business Loan Fund of the Palm Beach, Inc. for technical assistance
and business support services to small businesses and persons developing small
businesses
3I-3 Consulting/Professional
Services Contract with Palm Beach County Black Business Investment Corporation
for consulting and financial assistance to existing and start-up small businesses
3I-4 Agreement
with Enterprise Development Corporation of South Florida for development and
expansion of microenterprises
Page 23
3I-5 Agreement
with the City of Belle Glade to fund three full-time Code Compliance Officers
3I-6 Agreement
with the City of Pahokee to fund one full-time Code Compliance Clerk
3I-7 Agreement
with the City of South Bay to fund one full-time Code Compliance Officer
Page 24
3I-8 Agreements
with 13 non-profits for Community Development Block Grant funding for various
services
Page 25
3I-9 Agreement
with The Center for Technology, Enterprise and Development, Inc. for
development and expansion of microenterprises
J. PLANNING, ZONING & BUILDING - None
OCTOBER 20, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
K. WATER UTILITIES
Page 25
3K-1 License Agreement with U.S. Postal Services
to access existing easement for the rehabilitation of Lift Station No. 169
3K-2 Consultant Services Authorization No. 9 for
the GL09 Glades Infiltration/Inflow projects with Hazen and Sawyer, PC
Page 26
3K-3 Work Authorization No.
2 for the Lift Station Rehabilitation project with Hinterland Group, Inc.
3K-4 Amendment No. 2 with IXOM Watercare, Inc.
for the Miex DOC Resin Supply Agreement
Page 27
3K-5 Contract with
Electron Corp. of South Florida for the Southern Region Water Reclamation
Facility Electrical and Instrumentation improvements project
3K-6 Reallocation of a portion of the City of
South Bay’s Utility Transfer Fees
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 27
3L-1 Notice of Limitation of Use/Site Dedication,
Overlook Park relating to a Florida Recreation Development Assistance Program
grant
Page 28
3L-2 Ratify the Mayor’s
signature on Contractual Services Agreement and Annual Certified Budget for
Mosquito Control with the Florida Department of Agriculture and Consumer
Services
3L-3 Amendment No. 1 with Town of Palm Beach
relating to Southern Palm Beach Island Comprehensive Shoreline Stabilization
project
M. PARKS & RECREATION
Page 28
3M-1 Interlocal
Agreement with the School Board of Palm Beach County for mutual use of
recreation facilities
Page 29
3M-2 Project
Agreement Amendment with Florida Inland Navigation District Waterways
Assistance Program grant relating to construction of Waterway Park
3M-3 Project
Agreement Amendment with Florida Inland Navigation District Waterways
Assistance Program grant relating to redevelopment of Ocean Inlet Park
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE
Page 29
3P-1 Agricultural
Enhancement Council appointment/reappointments
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES - None
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
OCTOBER 20, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
X. PUBLIC SAFETY
Page 30
3X-1 Receive and file agreements with the Florida
Division of Emergency Management to enhance and improve emergency management
plans and programs
3X-2 Amendment No. 1 with Leonid Vidrevich,
D.V.M. for relief veterinary shelter services
Page 31
3X-3 Interlocal Agreement with Florida Department
of Health – Palm Beach
County to provide sexually transmitted disease treatment and
related medical services to victims of sexual assault
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
AA. PALM TRAN - None
BB. YOUTH SERVICES
Page 31
3BB-1 Agreement with the Norton Museum of Art, Inc.
to provide after school arts community education for at-risk youth attending
Highridge Family Center
Page 32
3BB-2 Amendments to Contracts for Provision of
Financial Assistance with five agencies to provide a variety of youth
programming to the community
CC. TOURIST DEVELOPMENT COUNCIL
Page 33
3CC-1 Agreement with the Cultural Council
of Palm Beach County, Inc. relating to the administration of the cultural grant
program
PUBLIC HEARINGS – 9:30 A.M.
Page 34
4A Resolution
to abandon a five to ten foot portion of a 15 foot wide drainage easement lying
in Lot 2A, Seven Oaks Replat (east of Prosperity Farms Rd, north of PGA, south
of Donald Ross)
4B Resolution
confirming Special Assessment Roll for 77th Place North Water Main
Extension project
Page 35
4C Resolution
confirming Special Assessment Roll for 90th Street North Water Main
Extension project
4D Civil
Citation for Small Quantity Marijuana Possession
Ordinance
Page 36
4E Home Caregiver Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 37
5A-1 Resolution supporting a statewide
prohibition on hydraulic fracturing, acid fracturing and similar high-pressure
well stimulation practices
5A-2 Amendment No. 4 with the Business
Development Board of Palm Beach County relating to business recruitment,
retention and expansion services
Page 38
5A-3 Economic
Development Incentive Agreement with Carrier Corporation and Otis Elevator
Company for an ad valorem tax exemption
OCTOBER 20, 2015
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
FACILITIES DEVELOPMENT
& OPERATIONS
Page 39
5B-1 First Restated Developer Agreement and First
Restated Sports Facility Use Agreement and other documents with HW Spring
Training Complex, LLC relating to a two team Major League Baseball Spring
Training Facility
Page 40
5B-2 Resolution authorizing issuance of Public
Improvement Revenue Bonds related to a two team Major League Baseball Spring
Training Facility
Page 41
5B-3 Findings and property exchange relating to
development of a two team Major League Baseball Spring Training Facility
ECONOMIC
SUSTAINABILITY
Page 42
5C-1 Contract for Consulting/Professional Services
with Paragon Florida, Inc. to provide consulting and financing to small
businesses and persons developing small businesses
BOARD APPOINTMENTS (Page 43)
STAFF COMMENTS (Page 44)
COMMISSIONER
COMMENTS (Page 45)
ADJOURNMENT (Page 45)
OCTOBER 20, 2015
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: Contracts for grants in a total amount not to exceed
$9,950 for the Handicap Accessibility and Awareness Grant Program with the
following non-profit agencies, in the amounts and for the services indicated
for the period October 1, 2015, through September 30, 2016:
A) Florida Outreach Center For The Blind, Inc. funds will provide office
supplies and computers necessary for the Vocational rehabilitation and
Transition Programs in Palm Beach County to individuals with disabilities, in
an amount not to exceed $5,000; and
B) Coalition for Independent Living Options,
Inc. funds will be used to improve
physical accessibility of the main building by installing new accessible
walkways, in an amount not to exceed $4,950.
SUMMARY: The
funds for this grant are derived from funds collected from parking violations
in designated parking spaces. County Ordinance 92-29 provides that revenue from
these fines shall be used to improve accessibility and equal opportunity to
qualified physically disabled persons in the County and to provide funds to
conduct public awareness programs concerning physically disabled persons. Mr. William Lapp has disclosed that he serves
on the board of directors for the non-profit Florida Outreach for the Blind,
Inc., in which his wife is the executive director. Disclosure of this
relationship is being provided in accordance with the provision Sect. 2-443 of
the Palm Beach Code of Ethics. Mr. Lapp requested an advisory opinion from the
Palm Beach County commission on Ethics (COE) regarding his eligibility to serve
on the Committee. On September 14, 2011, the COE opined that Mr. Lapp is not
prohibited from serving on the Committee, but must: 1) disclose the nature of
his conflict before the Committee discusses the issue; 2) abstain when the vote
takes place and not personally participate in the matter; and 3) file a state
voting conflict form. A copy of the advisory opinion is attached. Mr. Lapp has
agreed to and has complied with the COE direction. Countywide (DRO)
2. DELETED: Staff recommends motion to:
A) ratify the signature of the Vice Mayor on a Cooperative
Agreement No. FF204K145023 with the U.S. Department of Housing and Urban
Development (HUD) allowing the Office of Equal Opportunity (OEO) to receive
revenue for processing and resolving housing discrimination complaints for the
period of July 1, 2014, through June 30, 2015 in the total amount of $260,825;
and
B) approve
a Budget Amendment in the HUD – Fair Housing Fund (Fund 1252) in the amount of
$160,825 to recognize the increased grant revenue and charge-off from the
General Fund; and
C) approve
a Budget Transfer in the General Fund (Fund 0001) in the amount of $160,825 to
recognize the increase charge-off to Fund 1252.
SUMMARY: OEO
has an Addendum to the Memorandum of Understanding with HUD through 2020. In order for OEO to receive revenue from HUD
for processing and resolving housing discrimination complaints, execution of
this contract was required prior to September 30, 2015 in order for OEO to meet
HUD’s FY 2015 federal funding deadlines. This Cooperative Agreement is in the
amount of $260,825 ($176,700 - case processing; $31,625 - training funds;
$52,500 - administrative costs). This agenda item only deals with the ability
for OEO to receive revenue under the agreement with HUD. OEO cannot receive the revenue without the
Board’s approval. The agreement to receive the revenue needed to be
signed by the Mayor. The Vice Mayor signed the agreement on September 24,
2015 for OEO to receive the revenue but the full Board needs to ratify the Vice
Mayor’s signature. Countywide (DRO)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve:
A) Expenditure of $180,000 to complete the
installation and twenty years maintenance of 30 “cobra head” streetlights
within the Watergate Estates Countywide Community Revitalization Team (CCRT)
area;
B) Expenditure of $78,000 for the maintenance
of 20 "cobra head" streetlights along Sandalfoot Boulevard within the
Watergate Estates area for approximately 20 years;
C) Expenditure of $40,000 to extend the
maintenance for 20 "cobra head" streetlights in the Lee
Crossing/Homes of Lantana area for approximately ten additional years;
D) Budget Transfer of $60,000 in the Capital
Outlay Fund from the CCRT Street Lighting Project account to the Watergate
Estates Sandalfoot Boulevard Street Lighting Project;
E) Budget Transfer of $238,000 in the Capital
Outlay Fund from the CCRT Street Lighting Project account to the OCR Special
Projects and Initiatives Fund for Watergate Estates ($198,000) for 20 years of
maintenance and Lee Crossing/Homes of Lantana ($40,000) for ten years of
maintenance; and
F) Budget Amendment of $238,000 in the CCRT
Street Lighting Maintenance Fund to recognize and appropriate the budget
transfers to the OCR Special Projects and Initiatives Fund.
SUMMARY: The
Watergate Estates street lighting project was initiated by members of the
Watergate Homeowners Association, Inc. (HOA). The total amount of funding
provided for this project is $258,000 and it includes $180,000 to complete the
installation and 20 years maintenance of 30 new streetlights along Sandalfoot Boulevard
and $78,000 to take over the maintenance of 20 existing lights along Sandalfoot
Boulevard for approximately 20 years. Maintenance of existing lights was paid
by the HOA but the HOA has been dissolved and the County was requested to take
over the maintenance. The requested transfer of $238,000 is needed to cover the
maintenance of new lights ($120,000) to extend the maintenance of the existing
lights ($78,000) for 20 years and $40,000 is needed to extend the maintenance
of the lights for ten years. The
extension of the Lee Crossing/Homes of Lantana maintenance was initiated by
members of the Lee Crossing/Homes of Lantana Homeowners Association, Inc. The
total amount of funding provided for this project is $40,000. Based on a
review by the Palm Beach County Sheriffs' Office (PBSO) and the Office of
Community Revitalization (OCR) staff, it was determined that these projects are
needed to continue to help reduce crime, enhance pedestrian safety and
facilitate safer vehicular movement. Districts 2 & 5 (AH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
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:
Meeting Type Meeting Date
Comprehensive
Plan July 30, 2015
Budget Public Hearing September 8, 2015
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to adopt: two Resolutions declaring the acquisition of Parcels 102 and 104 in fee simple for the construction and improvement of a westbound right turn lane from Okeechobee Boulevard onto Ponce de Leon Street in the Village of Royal Palm Beach (Project) to be a public necessity, authorizing the employment of appraisers and other experts, and the filing of eminent domain proceedings. SUMMARY: Adoption of these Resolutions will initiate eminent domain proceedings against two parcels of land needed for the Project. The property owners have accepted the offers to purchase made by Palm Beach County (County), but the County has not been able to secure partial mortgage releases from the property owners’ financial institutions. It is therefore necessary to file eminent domain proceedings in order to remove mortgage encumbrances from the parcels of land. District 6 (MRE)
2. Staff recommends
motion to approve:
A) the First Amendment to the construction materials testing, geotechnical
engineering & inspection annual contract with Dunkelberger Engineering
& Testing, Inc. (DET), R2014-1662, whose original contract was dated
November 18, 2014;
B) the First Amendment to the construction materials testing, geotechnical
engineering & inspection annual contract with Professional Service Industries,
Inc. (PSI), R2014-1663, whose original contract was dated November 18, 2014;
and
C) the First Amendment to the construction materials testing, geotechnical
engineering & inspection annual contract with Radise International, L.C.
(Radise), R2014-1661, whose original contract was dated November 18, 2014.
SUMMARY:
Approval of these first amendments will extend the expiration dates from
November 17, 2015 to November 17, 2016.
This will extend the required professional services for one year, on a
task order basis, to the construction materials testing, geotechnical
engineering & inspection annual contracts.
The amendments with DET, PSI and Radise will also adjust the fee
schedule as allowed in the original contracts.
These amendments are the first renewals of two possible one year
renewals contemplated in the original contracts. To date, no tasks have been authorized for
DET or PSI. To date, tasks in the amount
of $9,865 have been authorized for Radise with 100% Small Business Enterprise
(SBE) participation which exceeds their commitment of 95%. The consultants are all Palm Beach County
companies. Radise is certified as an
SBE. Countywide (MRE)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: Contract for Provision
of Services with The Salvation Army, for the period October 1, 2015, through
September 30, 2016, in an amount totaling $93,000 to provide emergency shelter to
individuals who are homeless or at risk of homelessness. Summary: On
July 21, 2015 (R2015-0949), the Board of County Commissioners approved the Palm
Beach County Action Plan for Fiscal Year 2015-2016 which allocated $522,853 in
Emergency Solutions Grant (ESG) funds to non-profit agencies to provide
assistance to the homeless and those at risk of becoming homeless. This contract will fund activities which
include payment for the cost of operating and maintaining emergency shelters
and the cost of assistance for the prevention of homelessness. The balance of the grant funds will be
applied to program administration and database management. These Federal ESG funds require a matching
contribution which will be provided by the funded agencies. (Human Services)
Countywide (HH)
2. Staff recommends
motion to approve: Contract for Consulting/Professional Services with
the Legal Aid Society of Palm Beach County, Inc., for the period July 1, 2015,
through June 30, 2018, for a total amount not to exceed $20,000 for a legal assistance
program for the elderly. Summary:
As a Lead Agency for the Area Agency on Aging
(AAA), DOSS is required by the Community Care for the Elderly (CCE) grant,
through AAA and the Department of Elder Affairs, to provide an avenue for legal
assistance to elderly clients in need. The
targeted categories of legal assistance specified include: Nutrition/Health,
Housing and Utilities, Abuse, Neglect and Exploitation and Protective
Services. DOSS is collaborating with the
Legal Aid Society of Palm Beach County, Inc. (Legal Aid), an entity that is
best able to provide the targeted legal services. CCE funds are for six years with the initial agreement for three years
for the period July 1, 2015 through June 30, 2018; with one three year
renewal. The estimated total cost of
legal assistance will be $20,000
funded under the CCE grant in the amount of $18,000 (90%) Federal funds and $2,000 (10%) in County match
funds. Sufficient funding is included in
the current FY2016 budget to meet County obligations. Employees Kimberly
Rommel-Enright and Vicki Tucci of Legal Aid Society of Palm Beach County, Inc.,
serve on a county advisory board, the
HIV CARE Council. This board
provides no regulation, oversight, management, or policy-setting
recommendations regarding the agency listed above. Disclosure of these
contractual relationships at a duly noticed public meeting are being
provided in accordance with the provisions of Sect. 2-443, of the Palm Beach
County Code of Ethics. (DOSS) Countywide except for portions of Districts
3, 4, 5, and 7 south of Hypoluxo Road (HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) ratify the signature of the Mayor on the 2015
Challenge Grant Application in an amount up to $200,000; and
B) delegate authority to the County Administrator or her designee to sign the 2015
Florida Department of Children and Families (DCF) Office of Homelessness
Challenge Grant; and
C) delegate authority to the County Administrator or her
designee to sign the subcontracts and any additional amendments or contract
forms with Adopt A Family of the Palm Beaches, Inc., Homeless Coalition of Palm
Beach County, Inc., Catholic Charities of the Diocese of Palm Beach, Inc., and
Gulfstream Goodwill Industries, Inc. for a time period not longer than June 30,
2016, for the maximum cumulative amount of $200,000; and
D) approve Budget Amendment up to $200,000 in the
General Fund, Human Services Division, to be processed administratively by the
Office of Financial Management and Budget contingent upon receipt of grant
award.
Summary: The Division of Human Services is
applying for funding to provide Rapid Re-Housing to individuals/families,
Homeless Prevention services and Performance Measures Evaluation through the
2015 Homeless Challenge Grant. Florida Department of Children and Families will
allocate funds based on the applicant’s score up to a maximum of $200,000. Upon receipt of a grant award, the County
will contract with Adopt-A-Family of the Palm Beaches, Inc. for Family Rapid
Re-Housing services for 50,000, Gulfstream Goodwill Industries, Inc. for
Individual Rapid Re-Housing services for 50,000, Catholic Charities of the
Diocese of Palm Beach, Inc. for Homeless Prevention services for 50,000, and
Homeless Coalition of Palm Beach County, Inc. for System Performance Measures
Evaluation services for 50,000. Should
the funding level be below the maximum, the allocations would be reduced to
amounts agreed to in advance amongst the providers. The emergency signature process was
utilized because there was insufficient time to submit this application through
the regular agenda process. No
County funds are required. (Human
Services) Countywide (HH)
4. Staff recommends
motion to ratify: signature of the Mayor on the 2016 Older Americans Act Request for Proposal
with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the
period January 1, 2016, through December 31, 2018, in an amount not to
exceed $1,759,000 per year. Summary: OAA are federal grants administered locally by AAA. DOSS applied for funds to be used to provide
assistance to older persons and caregivers. These funds will be used to provide nutrition
services, adult day care, in-home services, as well as a variety of outreach
and supportive services to older adults.
DOSS will continue to implement a comprehensive and coordinated service
system of programs and services that meet the diverse needs of elders and their caregivers. The application is for a total of $1,759,000
with a 10% required County match.
Funding is allocated and renewed on an annual basis. The contract may be renewed for three
additional years. The contract to be awarded through this
RFP will be a three-year agreement. The emergency signature process was
utilized because there was insufficient time to submit this application through
the regular agenda process. (DOSS) Countywide, except for portions of
Districts 3, 4, 5, and 7 south of Hypoluxo Road (HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to approve:
A)
Contracts for Provision of Financial Assistance with the below listed agencies
for the period October 1, 2015, through September 30, 2016, in an amount
totaling $1,394,451:
1. Aid
to Victims of Domestic Abuse, Inc., for Domestic Abuse/Sheltering program in an
amount not to exceed $231,547; and
2. The
Young Women Christian Association of Palm Beach County, Florida., for Domestic
Abuse/Sheltering program in an amount not to exceed $114,294; and
3. The
Children’s Home Society of Florida for Domestic Abuse / Sheltering program in
an amount not to exceed $91,084; and
4. The
Children’s Place at Home Safe, Inc., for Domestic Abuse/Sheltering Program, in
an amount not to exceed $43,032; and
5. Legal
Aid Society of Palm Beach County, Inc., for Homelessness program in an amount
not to exceed $30,000; and
6. Children’s
Case Management Organization, Inc. d/b/a Families First of Palm Beach County,
for Homelessness program in an amount not to exceed $36,553; and
7. Gulfstream
Goodwill Industries, Inc., for Homelessness program in an amount not to exceed
$45,663; and
8. The
Children’s Home Society of Florida, for Homelessness program in an amount not
to exceed $35,836; and
9. The
Lord’s Place, Inc., for Homelessness program in an amount not to exceed
$230,908; and
10.
The Salvation Army, for Homelessness program
in an amount not to exceed $69,632; and
11.
Palm Beach Habilitation Center, Inc., for
Homelessness program in an amount not to exceed $66,121; and
12.
Center for Family Services of Palm Beach
County, Inc., for Domestic Abuse / Sheltering program in an amount not to
exceed $160,999; and
13.
Adopt-A-Family of the Palm Beaches, Inc., for
Homelessness program in an amount not to exceed $238,782.
B) Amendments
to Contracts for Provision of Financial Assistance with the below listed
agencies, for the period October 1, 2015, through September 30, 2016, in an
amount totaling $2,484,054 to provide a variety of human service needs to the
community:
1.
Amendment No. 01 with The Jerome Golden Center
for Behavioral Health, Inc. (R2014-1695), increasing funding by $1,173,538 for
a new total contract amount not to exceed $2,324,066; and
2.
Amendment No. 02 with The Mae Volen Senior
Center, Inc. (R2014-0026), increasing funding by $1,176,488 for a new total
contract amount not to exceed $3,483,326; and
3.
Amendment No. 01 with Center for Family
Services of Palm Beach County, Inc. (R2014-1902), increasing funding by
$134,028 for a new total contract amount not to exceed $265,428.
Summary: On July 21, 2015, the Board of County
Commissioners (BCC) approved funding allocations for the Financially Assisted
Agencies (FAA) Program. The contracts
and amendments being recommended in this item reflect the dollar amounts
approved by the Board for FY 2016. These
contracts and amendments represent $3,878,505 of the total FAA funding
allocation of $11,653,770. Other contracts and amendments under these
programs will be forthcoming upon receipt of all the required information. Employees Kimberly Rommel-Enright and Vicki
Tucci of Legal Aid Society of Palm Beach County, Inc.,
and Thomas McKissack of The Jerome
Golden Center for Behavioral Health, Inc. serve on a county advisory board, the
HIV CARE Council. This board provides
no regulation, oversight, management, or policy-setting recommendations
regarding the agencies listed above. Disclosure of these contractual relationships at a duly noticed
public meeting are being provided in accordance with the provisions of
Sect. 2-443, of the Palm Beach County Code of Ethics. Countywide (HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. DELETED: Staff recommends motion to approve: Memorandum of Agreement with Children’s Services Council of Palm
Beach County and United Way of Palm Beach County, Inc., for the period October
1, 2015, through September 30, 2016, in an amount totaling $383,997 of which
$142,457 is funded by Palm Beach County. Summary: On July 22, 2014, the Board of County Commissioners
(BCC) approved funding allocations for the Financially Assisted Agencies (FAA)
Program. This Memorandum of Agreement
(MOA) being recommended in this item reflects the dollar amounts approved by
the Board for FY 2016. This MOA
represents $142,457 of the total FAA funding allocation of $11,653,770. This is a three party MOA among Palm Beach
County, Children’s Services Council of Palm Beach County (CSC) and United Way
of Palm Beach County, Inc. (United Way). United Way will subcontract with 211
Palm Beach/Treasure Coast, Inc. (211) as part of the collaboration to connect
people to services 24 hours a day by understanding their individual emotional,
financial and community needs and to support the health & human service system as a whole. 211
provides guidance and support to individuals and
families in distress, or in need of information about health and human service
programs. CSC will be funding $116,422
and United Way will be funding $125,118 of the entire MOA amount. All three agencies will be part of the program
and fiscal monitoring of this MOA. United
Way will be the responsible agent for verifying that the deliverables are
completed by the MOA end date. Countywide
(HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to:
A) approve purchase order for the Senior Companion Program (SCP) with the State of
Florida Department of Elder Affairs (DoEA), for the period July 1, 2015,
through June 30, 2016, in an amount not to exceed $1,600 to reimburse the
County for volunteer support expenses; and
B) delegate to the Department of Community Services
Director, or his designee signatory authority to execute purchase orders and
other necessary documents related to SCP; and
C) receive and file:
1.
Amendment
007 to Standard Agreement No. IZ012-9500 (R2012-1631) for Alzheimer’s Disease
Initiative (ADI) with Area Agency on
Aging (AAA), for the period July 1, 2014, through June 30, 2015 to
transfer $7,000 from ADI Services to ADI Case Management and to decrease the
overall total agreement amount by $10,000; and
2.
Amendment
006 to Standard Agreement No. IC012-9500 (R2012-1632) for Community Care for the Elderly (CCE) with
AAA, for the period July 1, 2014, through June 30, 2015 to decrease the overall
total funding by $25,000; and
3.
Amendment
004 to Standard Agreement No. IH012-9500 (R2012-1634) for Home Care for the
Elderly (HCE) with AAA, for the period July 1, 2014, through June 30, 2015 to
increase funding to HCE Case Management by $25,000;
D) ratify the signature of the Mayor on the following agreements and amendments with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc.:
1. Master Agreement No. IM015-9500 between AAA and DOSS, for the period July 1, 2015, through June 30, 2018 to establish
the AAA standard terms and conditions for services provided in any agreement
incorporating this Master Agreement, including attachments, forms and exhibits;
and
2. Standard Agreement No. IH015-9500 for
HCE with AAA, for the period July 1, 2015, through June 30, 2018 in an amount
not-to-exceed $137,826 to assist older adults and their caregivers with the provision
of care in a family-type living arrangement as an alternative to institutional
care; and
3. Standard Agreement No. IR015-9500 for
Respite for Elders Living in Everyday Families (RELIEF) with AAA, for the
period July 1, 2015, through June 30, 2018, in an amount not-to-exceed $138,600
to provide a volunteer-based program providing in-home respite to caregivers of
frail, homebound elders; and
4. Standard Agreement No. IC015-9500 for CCE
with AAA, for the period July 1, 2015, through June 30, 2018, in an amount
not-to-exceed $1,368,453 to assist seniors and caregivers by providing in-home
services to help seniors live independently; and
5. Standard Agreement No. IZ015-9500 for ADI
with AAA, for the period July 1, 2015, through June 30, 2018, in an amount not
to exceed $697,704 to provide assistance to seniors and caregivers by ensuring
that persons afflicted with Alzheimer’s disease and other forms of dementia are
given essential services to help them live independently in their own homes or
in the homes of relatives/caregivers; and
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3E-7
CONTINUED
6. Standard
Agreement IP015-9500 for Emergency
Home Energy Assistance Program (EHEAP) with AAA, for the period April 1, 2015, through March 31, 2018, in an amount
not-to-exceed $20,021 to provide home energy assistance for seniors.
7. Amendment 007 to Standard
Agreement No. IC012-9500
(R2012-1632) for CCE with AAA, for the period July 1, 2014, through June 30,
2015 to increase the overall total funding by $114,823.34; and
8. Amendment 008 to Standard Agreement No.
IZ012-9500 (R2012-1631) for ADI with AAA, for the period July 1, 2014 through
June 30, 2015 to increase the overall total agreement amount by $2,987.85.
E) approve Budget Amendment of $2,075,134 in DOSS
Administration Fund to align the budget to the actual grant award for fiscal
year 2015.
Summary: Grant adjustments are made
during the contract year to align services with need. These agreements and amendments outline
funding allocations for the Older Americans Act (OAA)/ADI/CCE/HCE/RELIEF/EHEAP
agreement periods and reflect any changes to the approved rates. ADI Amendment 007, CCE Amendment 006 and HCE
Amendment 004 were executed by the County Administrator in accordance with
Resolution R2013-0242, which delegated authority to County Administrator, or
their designee to sign documents related to DOSS/AAA grant amendments. These
receive and file items are being submitted in accordance with Countywide PPM
No.CW-O-051 to allow Clerk’s Office to note and receive the executed
amendments. The emergency signature process
was also utilized because there was insufficient time to submit the
agreements/amendments through the regular agenda process. DoEA is implementing a purchase order in
place of a contract to reimburse the County for volunteer support
services. Required County match funds are included in current budget. (DOSS) Countywide except for
portions of Districts 3, 4, 5, and 7 south of Hypoluxo Rd (HH)
F. AIRPORTS
1. Staff recommends
motion to:
A) receive
and file
an Award Modification (Modification P00004) of Law Enforcement Officer (LEO)
Reimbursement Program Other Transactional Agreement (OTA) HSTS0213HSLR043 with
the Transportation Security Administration (TSA) in the amount of $36,248.27
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 $36,248.27
of funding from the TSA for Fiscal Year 2016; and an increase to Airport’s
Reserve in the amount of $36,248.27.
SUMMARY: Delegation of authority for execution of LEO
agreements was approved by the Board of County Commissioners on August 14, 2012
(R2012-1093). Countywide (AH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to approve: Amendment No. 4 to the Construction Manager (CM)
at Risk Contract with The Weitz Company, LLC for CM at Risk Services for Task
W-4: Third Level Conference Room Renovations at Palm Beach International
Airport (PBIA) in the amount of $352,322 and 90 calendar days. SUMMARY: The Contract with The Weitz
Company, LLC for CM at Risk Services for Terminal Improvements at PBIA was
approved by the Board on June 4, 2013 (R2013-0664). 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 Weitz Company, LLC is an Iowa
based firm; however, the work will be directly managed by their local South
Florida office in Palm Beach County. The
contract value to date is $4,484,625.
Approval of Amendment No. 4 in the amount of $352,322 and 90 calendar days
will provide funds to complete Task W-4:
Third Level Conference Room Renovations at PBIA. This task authorization includes renovations
to the unfinished space on the third level of the Terminal at PBIA. The Disadvantaged Business Enterprise (DBE)
goal for this contract is 13%. The total
to date participation for this contract is 12%. Countywide (MRE)
3. Staff recommends
motion to approve:
A) Amendment
No. 2 to the Construction Manager (CM) at Risk Contract with The Whiting-Turner
Contracting Company (WT) in the amount of $1,758,721 and 31 calendar days for
Task Order No. 6: Operation and Maintenance (O & M) Services for the
Baggage Handling System (BHS) Improvements at Palm Beach International Airport
(PBIA); and
B) a Budget Transfer of $1,758,721 in the Airports’ Improvement
and Development Fund to provide budget for the CM at Risk contract with
WT. This includes a transfer from
Reserves of $1,758,721.
SUMMARY: The CM at Risk Contract with WT for CM at Risk Services for BHS
Improvements at PBIA was approved by the Board on October 16, 2012
(R2012-1519). Amendment No. 1 for the
Guaranteed Maximum Price (GMP) in the amount of $41,983,731 and 616 calendar days
was approved by the Board on October 21, 2014 (R2014-1637). Task orders and change orders decreasing the
GMP by $(-) 253,044.08 were approved in accordance with PPM CW-F-050. Approval of Amendment No. 2 will provide
funds for Task Order No. 6: O & M
Services of the system during construction of the BHS Improvements at
PBIA. WT is a Baltimore, Maryland based
firm; however, the work will be directly managed by the local South Florida
office in Broward County. The Disadvantaged Business Enterprise (DBE) goal for this contract
was established at 12%. The total to date participation for this contract is
5.66%; however, it is anticipated that the goal will be achieved at completion
of the project. Countywide (MRE)
4. Staff recommends
motion to approve: Utility
Easement Agreement with Florida Power & Light Company (FPL) for the
relocation of electric utilities associated with the travel plaza facility at
the Palm Beach International Airport (PBIA). SUMMARY: FPL relocated a portion of an existing electric utility
line that previously crossed over the travel plaza site. FPL requires an easement for the new electric
corridor. The easement will connect to
an existing utility easement on PBIA. Countywide (HJF)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to receive and file: Terminal Space Lease Agreement (Lease) with
PrimeFlight Aviation Services, Inc. (PrimeFlight), commencing on June 15, 2015,
terminating on September 30, 2015, and automatically renewing on a year-to-year
basis (October 1st through September 30th) thereafter,
for the lease of approximately 193 square feet of space. SUMMARY:
Delegation of authority for execution of the standard form Terminal Space Lease
Agreement was approved by the Board pursuant to R2011-1337. PrimeFlight
relocated offices at the request of the Department of Airports to accommodate
an airline tenant. The Lease replaces and terminates the prior agreement dated
October 28, 2014 (R2015-0142). Countywide (AH)
6. Staff recommends
motion to receive and file: License Agreement with Enterprise Leasing
Company of Florida, LLC (Enterprise) commencing August 25, 2015 and expiring
October 5, 2015, for the parking of vehicles on a portion of the economy
parking lot at the Palm Beach International Airport (PBIA) in connection with
Enterprise’s rental car operation at PBIA, for payment of license fees in the
amount of $17,400. 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 portion of the economy
parking lot at PBIA, for parking of vehicles.
The License Agreement may be renewed on a weekly basis thru November 2,
2015, for payment of license fees in the amount of $2,900 per week. Countywide
(AH)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: Contract with
One Call Property Services, Inc. in the amount of $379,862 for exterior
painting of the Operations & Maintenance Complex and Water Treatment Plant No.
3 Buildings at Water Utilities Department’s South Regional Operations Center
(SROC). SUMMARY: The work consists of exterior painting of the
facility which includes office building and equipment areas. The repainting is necessary to assist with
recurring maintenance problems and aesthetics of the facility. Properly maintaining the facilities ensures
longer serviceable life of structure and equipment. The funding for this project is from Water
Utilities user fees. This work was competitively bid with One Call Property
Services, Inc. submitting the lowest responsive, responsible bid. The total construction duration is 210
days. The goal for Small Business
Enterprise (SBE) participation is 15%. The SBE participation in this Contract
is 15%. One Call Property Services, Inc.
is a Martin County company. (Capital
Improvements Division) District 5
(ME)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to approve: Contract with Leo A. Daly Company to provide
planning and design services associated with detention facilities
projects. SUMMARY: The County’s
Five Year Capital Improvement Program (CIP) includes renewal/replacement
projects at the detention facilities. The series of projects consist of
renewal/replacements, renovations, modifications, and/or additions for
infrastructure and various facilities systems such as HVAC, mechanical, fire
protection, plumbing, boilers, electrical, low voltage electronic systems
(including fire alarm, intercom, security and CCTV) and structural, roofing and
weatherproofing. The oldest detention facilities involved in these projects
have been in operation on a 24/7 basis for over 30 years and the newest for 20
years; all without any renewal/replacement projects having been completed.
End of life issues including reliability, have already increased
maintenance costs and will impact ability to maintain operations if the
replacements are not completed in the next 3-5 years. The projects are
planned to be implemented over the 3-5 year period in order to maintain
operations without materially increasing staffing costs. The purpose of
this contract is to have a single consultant provide planning and design
services to reduce the time and cost associated with familiarizing various
consultants with the facility conditions, operating procedures and constraints
and the County asset standards. This Contract will be for five years and
consultant fees will be negotiated on an individual basis for the identified
projects. Leo A. Daly is a national firm with a Palm Beach County Office
and will be using Palm Beach County subconsultants for a majority of the
work. This Contract includes a SBE goal of 15% which can be met through
the use of either M/WBE or SBE firms. Funding for the work will come from
the Public Building Improvement Fund. (Capital Improvements Division) Countywide
(ME)
3. Staff recommends
motion to approve: an Agreement with City of Margate (City) allowing
for interoperable communications through the countywide and EMS common talk
groups of the County’s 800 MHz Radio System (System). SUMMARY: This Agreement provides the conditions under
which the City can program into its radios and utilize the countywide and EMS
common talk groups for certain types of inter-agency communications. The
County’s System will not be utilized for routine operational communications by
the City. The terms of the Agreement are standard and have been offered to EMS
providers with 800 MHz trunked radio capabilities. This Agreement also contains
state approved standard operating procedures specific to the use of EMS common
talk groups. There are no charges associated with this Agreement. The City is
required to pay all costs associated with the City’s subscriber units and to
comply with the established operating procedures for the County’s System. This
Agreement commences on execution for a term of five years. There are three renewal options, each for a
period of five years. The Agreement may be terminated by either party, with or
without cause. (ESS) Countywide (MJ)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff
recommends motion to approve:
Contract with All-Site Construction, Inc. in the amount of $819,367 for
Fire-Rescue Station No. 42 renovations. SUMMARY: The work consists of renovation of the
administrative suite of offices, restroom and support spaces for Fire Rescue
Station No. 42 located on Hagen Ranch Road in Delray Beach. This project is
being funded from the Fire Rescue Improvement Fund. The Small Business Enterprise (SBE) goal for
this project is 15%. All-Site Construction, Inc.’s bid includes participation
of 26.3%. All-Site Construction, Inc. is a Palm Beach County business. The
contract time is 140 calendar days to substantial completion. (Capital
Improvements Division) District 5 (ME)
5. Staff recommends
motion to approve: Amendment No. 7 to the contract with Hedrick
Brothers Construction Co., Inc. (R2012-1000) in the amount of $1,147,078.15 for
Water Utilities Department Southern Region Operations Center (WUD SROC)
Building “K” Laboratory Heating, Ventilation, and Air Conditioning (HVAC)
System Upgrade project establishing a Guaranteed Maximum Price (GMP). SUMMARY: This amendment provides for upgrades to the air
conditioning equipment, replacement of air cooled water chiller that is beyond
its useful life and modifies duct work and soffit ventilation to improve
interior air quality and work environment.
The Small Business Enterprise (SBE) goal for this contract is 15%.
Hedrick Brothers Construction Co., Inc.’s SBE participation for this Amendment
is 32.9%. The overall contract SBE
participation is 21.6%. The time of
construction is 180 days. This project
will be funded by Water Utilities Department User Fees. Hedrick Brothers Construction Co., Inc. is a
local firm and 97% of the work will be done by local contractors. (Capital
Improvements Division) District 5 (ME)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: Amendments No. 1 to the Annual Electrical Contracts with
the below listed firms extending the contract terms for one year for electrical
services:
Contractor |
Original Contract Resolution # |
SBE or Non- SBE |
Work Orders during 1st term |
Total SBE Participation To date |
1. Albert
Electric, Inc. |
R-2014-1735 |
SBE |
$134,841 |
90% |
2. DAVCO Electrical Contractors
Corp. |
R-2014-1736 |
Non-SBE |
$0 |
0% |
3. Global Communications
& Electrical Systems, Inc. |
R-2014-1737 |
SBE |
$0 |
0% |
4. Grid-One Electrical Construction |
R-2014-1738 |
SBE |
$4,930 |
100% |
5. Knight
Electric Company, Inc. |
R-2014-1739 |
Non-SBE |
$1,675 |
0% |
6. Langer Electric Company |
R-2014-1740 |
Non-SBE |
$4,815 |
0% |
7. Sullivan
Electric & Pump, Inc. |
R-2014-1742 |
SBE |
$1,965 |
100% |
SUMMARY: This agenda item is a renewal to the Annual Electrical Contracts which were
awarded to eight approved participants.
The Annual Electrical Contracts are indefinite-quantity contracts with a
maximum cumulative value per year.
Projects are bid among the pre-qualified participants. The original contracts provided for initial
one year terms with four, one-year renewal options with a $1,000,000 cumulative
limit. Staff is bringing forward these Amendments
at this time because the contracts have reached their term limits for the
renewal period. During the initial terms
of the contracts, $148,226 in work orders were
awarded. All terms of the original
contracts remain in effect. These are the
first extensions allowed by the contract.
All contractors are Palm Beach County companies or have Palm Beach
County offices with the exception of Langer Electric Company (Broward). The goal for Small Business Enterprise (SBE)
participation is 15%. The cumulative SBE
participation among all contractors to-date is 82%. SBE and local preferences are applied at the
work order level. These are bond waiver
contracts. (FD&O Capital Improvements) Countywide (ME)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. DELETED: Staff recommends motion to approve: Emergency Contract No. 750721 with Norred & Associates, Inc. for
uniformed security guard services for various locations throughout Palm Beach
County for approximately $1,700,312 for
a twelve month term commencing October 28, 2015. SUMMARY: As a result of an Invitation for Bid (IFB) for uniformed security guard
services for various locations throughout Palm Beach County, the County entered
into a contract with USI Security Services, Inc. (“USI”) on February 15,
2014. On September 14, 2015, the County
notified USI that it was terminating the contract for convenience effective
October 27, 2015. Norred & Associates, Inc. (Norred), the next lowest
responsive and responsible bidder to the IFB, has agreed to honor its 2013 bid
price and provide the necessary uniformed security guard services. Due to the immediate need for security guard
services for various locations throughout the County, Staff recommends the
approval of Emergency Contract No. 750721 with Norred. Funding for this Contract
is from a variety of operating departments with different funding sources and
each have been advised of and have funding to cover the price differences.
Norred is a non-SBE vendor, who has committed twenty percent (20%) SBE participation by utilizing an SBE subcontractor. Norred is located in Palm Beach County. (FDO/Purchasing)
Countywide (MWJ)
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive
and file: one Modification to Subgrant Agreement, one
Subordination Agreement and one Amendment to a Loan Agreement as follows:
A) Modification No. 14 to Subgrant Agreement (R2010-1411) with the Florida
Department of Economic Opportunity (DEO) under the 2008 CDBG Disaster Recovery
Initiative Program (DRI4) (Countywide);
B) Subordination Agreement with Amelia Estates, LLC and First National Bank
of Coffee County under the Universal Housing Trust Fund (UHTF) (District 6);
and
C) Amendment No. 001 to the Loan Agreement with New South Bay Villas, LLC,
under the HOME Investment Partnership Program (HOME) (District 6).
Summary: In accordance with County PPM CW-0-051, all delegated contracts,
agreements and grants must be submitted by the initiating Department as a
receive and file agenda item. The
documents have been executed on behalf of the Board of County Commissioners
(BCC) by the County Administrator, or designee, in accordance with
Resolution/Agenda Item R2009-1677, R2014-1584 and 4B-2 as approved by the BCC
on October 6, 2009, October 21, 2014 and June 2, 2015. These executed documents are now being
submitted the BCC to receive and file. These are DRI4 and UHTF funds which
do not require a local match. (JB)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to approve: an Agreement with Business Loan Fund of the Palm
Beaches, Inc. d/b/a Center for Enterprise Opportunity (CEO) in the amount of
$80,000 for the period October 1, 2015 to September 30, 2016. Summary:
On July 21, 2015, the Board of County Commissioners (BCC) approved (R2015-0939)
the FY 2015-2016 Action Plan for Palm Beach County which includes an allocation
of $80,000 in Community Development Block Grant (CDBG) Program funds for CEO. This Agreement will provide these CDBG funds
to CEO who will provide technical assistance and business support services to
small businesses and persons developing small businesses. CEO will also provide loans for the establishment,
stabilization, and expansion of small businesses. CEO is required to provide one-on-one
business and financial counseling sessions for at least 40 clients, conduct no
less than four comprehensive business plan trainings and close five credit
builder loans and/or microloans to microenterprises and small businesses. CEO
is a Community Development Financial Institution certified by the U.S.
Treasury. CEO currently has a Contract
with the County and is in compliance. This funding is projected to have a five
year Economic Sustainability Impact of $7.8 Million. These are
Federal CDBG funds which do not require a local match. (DES Contract
Development) Countywide (JB)
3. Staff recommends
motion to approve: a Consulting/Professional Services Contract with the
Palm Beach County Black Business Investment Corporation (BBIC) in the amount of
$54,000 for the period October 1, 2015 to September 30, 2016. Summary:
This Consulting/Professional Services Contract will fund the BBIC for
operational expenses for providing consulting and financial assistance to
existing and start-up small businesses in Palm Beach County. The BBIC, a non-profit organization, will be
required to obtain four business loan approvals from financial institutions
totaling at least $500,000, while serving 270 clients and creating/retaining 25
full-time equivalent jobs. BBIC received
$54,000 in ad valorem funds during Fiscal Year 2014-2015 and created/retained
64 full-time equivalent (FTE) jobs (based on their August 2015 progress
report), which exceeded their 25 FTE job creation/retention requirement. This funding is projected to have a five
year Economic Sustainability Impact of $10.5 Million. These funds were approved in the Fiscal
Year 2015-2016 Budget adopted by the Board of County Commissioners. (DES
Contract Development) Countywide (JB)
4. Staff recommends
motion to approve: an Agreement
with Enterprise Development Corporation of South Florida (EDC) in the amount of
$51,000 for the period October 1, 2015 to September 30, 2016. Summary: This Agreement will provide Community
Development Block Grant (CDBG) Program funds for operational expenses for the
development and expansion of microenterprises (defined as “commercial
enterprises” that have five or fewer employees) and small businesses. EDC is required to create a minimum of four
full-time equivalent (FTE) jobs countywide of which at least 51% must be held
by, or made available to, low and moderate income persons, and of which at
least 51% must reside in the Palm Beach County CDBG jurisdiction during the
term of the Agreement. EDC is a
non-profit organization whose mission is the development of an innovation-based
economy through the creation of high skill, high wage jobs in key industries
that are driving global commerce. The
primary objective of EDC is to facilitate the creation and growth of high
technology companies. EDC received
$51,000 in CDBG funds during Fiscal Year 2014-2015 and created 8.5 FTE jobs
(based on their August 2015 progress report), which exceeded their four FTE job
creation requirement. This funding
is projected to have a five year Economic Sustainability Impact of $2.9
Million. These are Federal CDBG funds which do not require a local
match. (DES Contract Development) Countywide (JB)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
5. Staff recommends
motion to approve: an Agreement with the City of Belle Glade in the
amount of $119,406 for the period of October 1, 2015 to September 30, 2016. Summary:
This Agreement provides Community Development Block Grant (CDBG) funding to pay
all or a portion of the salary and benefits of three full-time Code Compliance
Officers. On July 21, 2015, the Board of
County Commissioners approved the Fiscal Year 2015-2016 Action Plan
(R2015-0939) which allocated $119,406 for these code enforcement costs. This funding is projected to have a one
year Economic Sustainability Impact of $1.35 Million. These are Federal
CDBG funds which require no local match. (DES Contract Development) District
6 (JB)
6. Staff recommends
motion to approve: an Agreement with the City of Pahokee in the amount
of $26,257 for the period of October 1, 2015 to September 30, 2016. Summary:
This Agreement provides Community Development Block Grant (CDBG) funding to pay
for a portion of the salary and benefits of one full-time Code Compliance
Clerk. On July 21, 2015, the Board of County Commissioners approved the Fiscal
Year 2015-2016 Action Plan (R2015-0939) which allocated $26,257 for these code
enforcement costs. This funding is
projected to have a one year Economic Sustainability Impact of $450,000. These
are Federal CDBG funds which require no local match. (DES
Contract Development) District 6 (JB)
7. Staff recommends
motion to approve: an Agreement with the City of South Bay in the
amount of $30,311 for the period of October 1, 2015 to September 30, 2016. Summary:
This Agreement provides Community Development Block Grant (CDBG) funding to pay
for all or a portion of the salary of one full-time Code Compliance
Officer. On July 21, 2015, the Board of
County Commissioners approved the Fiscal Year 2015-2016 Action Plan
(R2015-0939) which allocated $30,311 for these code enforcement costs. This funding is projected to have a one
year Economic Sustainability Impact of $450,000. These are Federal
CDBG funds which require no local match. (DES Contract Development) District
6 (JB)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
8. Staff recommends
motion to approve: 13 Agreements under the Fiscal Year 2015-2016
Community Development Block Grant (CDBG) Program totaling $215,656 to 13
non-profit agencies, in the amounts indicated below, for the period of October
1, 2015 to September 30, 2016, as follows:
A) Aid to Victims of
Domestic Abuse, Inc. in the amount of $19,628 for transitional housing and
supportive services;
B) The Children’s Home
Society of Florida in the amount of $18,118 for transitional housing and
services to homeless pregnant or parenting teen mothers;
C) The Children’s Place at
Home Safe, Inc. in the amount of $13,595 for emergency transitional shelter and
specialized therapeutic care;
D) The Coalition for
Independent Living Options, Inc. in the amount of $17,472 for emergency meals;
E) Healthy Mothers/Healthy
Babies Coalition of Palm Beach County, Inc. in the amount of $7,110 for
assistance to uninsured low income pregnant women and their families in order
to access health care, to secure payer sources and other services for prenatal
care;
F) Jesus and You Outreach
Ministries, Inc. in the amount of $9,058 for transitional residential shelter
and supportive services to homeless men;
G) Legal Aid Society of
Palm Beach County, Inc. in the amount of $46,373 for fair housing education,
outreach, advocacy and enforcement activities;
H) Place of Hope, Inc. in
the amount of $11,863 for transitional emergency housing and supportive
services;
I) Redlands Christian
Migrant Association, Inc. in the amount of $10,569 for child care and education
services;
J) Seagull Industries for
the Disabled, Inc. in the amount of $23,726 for vocational training and
supervision;
K) Sickle Cell Foundation of
Palm Beach County, Inc. in the amount of $13,588 for comprehensive case
management services;
L) Urban League of Palm
Beach County, Inc. in the amount of $14,420 for foreclosure mitigation
counseling, homebuyer education classes, and pre-purchase homebuyer counseling
services; and
M) Vita Nova, Inc. in the
amount of $10,136 for transitional housing and supportive services.
Summary:
On July 21, 2015 (R2015-0939), the Board of County Commissioners approved the
Palm Beach County Action Plan for Fiscal Year 2015-2016 which allocated
$215,656 in CDBG funds to 13 non-profit agencies to provide public services,
including fair housing activities.
Kimberly Rommel-Enright and Vicki Tucci, employees of Legal Aid Society
of Palm Beach County, Inc., serve on the HIV CARE Council, a County Advisory
Board. Jimmy Weatherspoon, an employee
of the Urban League of Palm Beach County, Inc., serves on the Board of Housing
Finance Authority, a County Advisory Board.
These boards provide no regulation, oversight, management, or policy-setting
recommendations regarding the agency contracts listed above. Disclosure of these contractual relationships
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. These
are Federal CDBG funds which require no local match. (DES
Contract Development) Countywide (JB)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
9. Staff recommends
motion to approve: an Agreement with The Center for Technology,
Enterprise and Development, Inc. (TED Center) in the amount of $226,000 for the
period October 1, 2015 to September 30, 2016.
Summary: This
Agreement will provide Community Development Block Grant (CDBG) Program funds
for operational expenses for the development and expansion of microenterprises
(defined as “commercial enterprises” that have five or fewer employees) and
small businesses. The TED Center is
required to create a minimum of 18 full-time equivalent (FTE) jobs countywide
of which at least 51% must be held by, or made available to, low and moderate
income persons, and of which at least 51% must reside in the Palm Beach County
CDBG jurisdiction during the term of the Agreement. The TED Center, a non-profit organization, is
a business incubator with associated programs and services designed to improve
the viability and strength of microenterprises and small businesses. The primary objective of the TED Center is to
provide business resources and support services for business
opportunities. The TED Center received
$226,000 in CDBG funds during Fiscal Year 2014-2015 and created 18 FTE jobs
(based on their August 2015 progress report) which met their 18 FTE job creation
requirement. This funding is
projected to have a five year Economic Sustainability Impact of $13 Million. These are Federal CDBG funds which do not
require a local match. (Strategic Planning) Countywide (JB)
K. WATER UTILITIES
1. Staff recommends
motion to approve: a License
Agreement with United States Postal Service to access an existing easement for
the rehabilitation of Lift Station No. 169. The term of the agreement is from
November 1, 2015 through March 31, 2016.
Summary: The proposed License Agreement will allow
the Water Utilities Department (WUD) to access the existing easement containing
Lift Station No. 169 located on Summit Boulevard west of South Congress Avenue
to rehabilitate the lift station and to install a new gravity wastewater
line. The rehabilitation project is
necessary to upgrade the lift station to bring it into compliance with current
WUD standards. (WUD Project No. 13-034) District 2 (MJ)
2. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 9 for
the GL09 Glades Infiltration/Inflow Projects Phase 3 (Project) with Hazen and
Sawyer, P.C. in the amount of $161,820. Summary: On
June 3, 2014, the Board of County Commissioners (BCC) approved
the Water Utilities Department (WUD) Engineering/Professional Services Contract with Hazen and Sawyer, P.C. (R2014-0821).
CSA No. 9 provides for video
inspections and rehabilitation recommendations for 30,000 linear feet of
gravity sewer main lines in the City of Belle Glade. In addition, CSA No. 9 includes the
finalization of a
Sanitary Sewer Survey (Survey) for the
Western Region of the County (Belle Glade, Pahokee and South Bay). The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Hazen and Sawyer, P.C. provides for SBE
participation of 22%. CSA No. 9
includes 25.52% overall participation. The cumulative SBE participation is
32.81% overall. Hazen and Sawyer, P.C.
is a local Palm Beach County company. This project is included in the FY16 Capital
Improvement Plan adopted by the BCC. (WUD
Project No. 15-024) District 6 (MRE)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: Work Authorization No. 2 for the Lift
Station Rehabilitation Project Priority 2 (Project) with Hinterland Group, Inc.
in the amount of $1,940,661. Summary: On March 10, 2015, the Board of County
Commissioners (BCC) approved the Water Utilities Department (WUD) Lift Station
Rehabilitation Continuing Construction Contract with Hinterland Group, Inc. (R2015-0318). Work
Authorization No. 2 provides for the rehabilitation of 10 submersible lift
stations throughout the WUD service area and the demolition of one submersible
lift station. The Project additionally
requires the installation of a new wastewater gravity system on Drexel Road in
order to accommodate the abandonment of the existing lift station. Additional
rehabilitation work authorized under the Project includes replacing pumps,
piping, pump guide rails, fences, concrete slabs and driveways to increase
reliability, safety, security and ease of maintenance. The Small Business Enterprise (SBE)
participation goal established by the SBE Ordinance (R2002-0064) is 15%
overall. The contract with Hinterland
Group, Inc. provides for SBE participation of 0%, based on a finding by the
Office of Small Business Assistance that Hinterland Group, Inc. did not provide
specific information in their Schedule 2 SBE document. However, Hinterland Group, Inc. committed to
97.47% SBE participation under the Contract.
Work Authorization No. 2 includes 100% SBE overall participation. The cumulative SBE participation including
this authorization is 100% overall. Hinterland Group, Inc. is a
Palm Beach County company. This project is included in the FY16 Capital
Improvement Plan adopted by the BCC. (WUD Project No. 15-003) Districts 1, 2, 5 & 6 (MRE)
4. Staff recommends
motion to approve: Increase
funding to the Purchase Agreement with IXOM Watercare, Inc. for the Miex DOC
Anion Exchange Resin for Water Treatment Plant No. 2 Miex Treatment System from
$2,518,000 to $3,118,000 for continued deliveries for the remaining 23 months
of a five year contract term. Summary: On July 20, 2010, the Board of County Commissioners (BCC) approved the
Miex DOC Resin Supply Agreement with Orica Watercare, Inc. (R2010-1128). The Agreement provides for the purchase of
resin for the Miex ion exchange at Water Treatment Plant 2 (WTP 2). On October
7, 2014, the BCC approved the First Amendment to the Agreement (R2014-1489) to
extend the existing contract through September 30, 2017, and a new Operational
Support Services maintenance contract (R2014-1490). The First Amendment did not
provide for additional funding to purchase resin. IXOM and the Water Utilities Department have
determined that an average of 30 totes of resin per year is required for
efficient operation of the Miex treatment system. This request to increase
funding is for the purchase of 30 totes per year for the next 23 months at the
estimated cost of $600,000. Orica Watercare, Inc. has changed its name to IXOM
Watercare, Inc., as a result of a corporate acquisition. This name change became effective on May 30,
2015. IXOM Watercare, Inc retained the same FEIN number as previously used by
Orica Watercare, Inc. IXOM is located in
Watkins, Colorado, and is a sole source provider. The Small Business Enterprise (SBE) participation goal established by
the SBE Ordinance is 15% overall. This contract with IXOM provides for SBE
participation of 0%. District 2 (MJ)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to approve: Contract with Electron Corp. of South Florida, for
the Southern Region Water Reclamation Facility (SRWRF) Electrical and
Instrumentation Improvements Project (Project) in the amount of $1,756,788. Summary:
On July 29, 2015, one (1) bid was received to provide
electrical and instrumentation improvements at SRWRF. Electron
Corp. of South Florida was
determined to be a responsive responsible bidder in the amount of $1,756,788.
This Project will provide electrical improvements to the aeration basins to
control air flow, installation of gas detection meters on the anaerobic
digesters, modifications to the existing electrical building to improve
reliability and the installation of variable frequency drives (VFD’s) to
improve odor control. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
Electron Corp. of South Florida provides
for SBE participation of 95% overall. Electron
Corp. of South Florida is a Palm Beach County company. This project is
included in the FY16 Capital Improvement Plan adopted by the Board of County
Commissioners. (WUD Project No. 13-037) District 5 (MRE)
6. Staff recommends
motion to authorize: a reallocation
of a portion of the City of South Bay's Utility Transfer Fees (Host Fees)
pursuant to a Mediated Settlement Agreement between the Cities of Belle Glade
and South Bay. Summary: On January 15, 2013, the Board of County Commissioners
(BCC) approved the Stipulated Settlement Agreement (R2013-0093) which included
the Glades Utility Authority Detailed Seven Point Absorption Plan (Absorption
Plan). This Absorption Plan authorized
the Cities of Belle Glade, Pahokee, and South Bay to receive Host Fees equal to
7% of customer payments received by the County from payments by customers
within each respective Glades City. On
January 21, 2015, Belle Glade and South Bay entered into a Mediated Settlement
Agreement (Settlement Agreement) in which South Bay agreed to pay Belle Glade a
total of $500,000 for unpaid utility charges, with $300,000 of that amount to
be deducted from South Bay's Host Fees.
As per the Mediated Settlement Agreement, South Bay provided the County
a letter authorizing a monthly reduction of $5,000 from its Host Fees which are
to be paid to Belle Glade beginning October 1, 2015, until the sum of $300,000
has been paid to Belle Glade. Therefore,
Staff recommends approval to reduce and reallocate South Bay's Host Fees to
meet the terms of the Settlement Agreement. District 6 (MJ)
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: the Notice of Limitation of Use/Site Dedication,
Overlook Park – FRDAP Project Number No. A15180. Summary: On July 2, 2015, the Florida Department of
Environmental Protection awarded a $50,000 Florida Recreation Development
Assistance Program grant to the Town of Hypoluxo (Town) to provide enhanced public use facilities at the entrance to the
Hypoluxo Scrub Natural Area.
Receipt of the grant award is contingent upon the County’s execution of
a Notice of Limitation of Use/Site Dedication (Notice). The Notice will dedicate the portion of the
natural area leased to the Town as an outdoor recreation area for the use and
benefit of the general public for a period of 25 years. The grant will fund
improvements to the existing trails, informational kiosk, picnic facility,
landscaping, and additional parking. District 7 (SF)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to:
A) ratify the Mayor’s signature on Contractual
Services Agreement No. 022266 and the Annual Certified Budget for Mosquito
Control with the Florida Department of Agriculture and Consumer Services
(FDACS) for mosquito control activities performed during contract period October 1, 2015, through September 30, 2016,
for an amount not to exceed $43,009; and
B) authorize the County Administrator, or her designee, to sign all future time
extensions, task assignments, certifications, and other forms associated with
this Agreement, and any necessary minor amendments that do not substantially
change the scope of work, terms or conditions of this Agreement.
Summary: The Agreement
provides Arthropod Control State Aid of up to $43,009 in quarterly installments
with monthly reporting requirements regarding mosquito control activities. No match is required. The FDACS Form 13617 Certified Budget had to
be signed and delivered to Tallahassee no later than October 1, 2015. Countywide
(SF)
3. Staff recommends
motion to approve: Amendment No. 1 to Interlocal Agreement (R2013-1058)
with the Town of Palm Beach (Town) for cost sharing on Purchase Orders totaling
$511,252 related to the Army Corps of Engineers (ACOE) required Environmental
Impact Statement (EIS) for the proposed erosion control project known as the
Southern Palm Beach Island Comprehensive Shoreline Stabilization Project. Summary: A joint EIS is currently being completed for
the County’s and Town’s respective shoreline erosion control projects. In 2013, the ACOE determined that an EIS would
be required for both the County and Town’s proposed erosion control
projects. Due to the
multi-jurisdictional nature of the EIS, and the possible cost savings, the Town
and the County partnered to hire one contractor to perform the EIS for the
entire shoreline length. Because the
Town’s portion of the project is substantially longer than the County’s, the
Town provides funding for the project and the County reimburses the Town for
38.6% of the project costs associated with the EIS. The County’s share for the purchase orders
totals $197,343. The EIS evaluates erosion
control alternatives for both project areas. Districts 4 & 7 (SF)
M. PARKS & RECREATION
1. Staff recommends
motion to approve: Interlocal
Agreement with the School Board of Palm Beach County for the period October 20,
2015, through October 19, 2020, for the mutual use of recreation facilities. Summary: This
Agreement enables the School Board and the Parks and Recreation Department to
utilize each other’s recreational facilities at no cost. It outlines the
procedures for requesting and authorizing the use of recreational facilities
and establishes the requirements for use by County-affiliated recreation
organizations. The last Agreement (R2008-2241) expired on December 2,
2013. The Department has worked with the
School Board to create this Agreement to continue a practice which has resulted
in more efficient use of recreational facilities and increased opportunities
for the County, School District, and community organization programming. The term of this Interlocal Agreement is for
five years, and shall be automatically renewed for one additional five year
term. The School Board approved the new
Agreement at its September 16, 2015, meeting. Countywide (AH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment with the Florida Inland
Navigation District (FIND) Waterways Assistance Program Grant PB-13-173 for the
construction of Waterway Park extending the project completion date from
September 1, 2015 to September 1, 2016.
Summary: In
2013, the County was awarded a $1,420,396 FIND grant to fund a portion
of the construction cost associated with the development of Waterway Park in
northern Palm Beach County. The
term of the grant agreement, R2013-1742, was from October 16, 2013 to September
1, 2015. The County applied for and was
awarded a one year project completion extension. There are no other changes to
the terms of the Agreement as a result of this Amendment. The fully executed Project Agreement Amendment is
now being submitted to the Board to receive and file. District 1 (AH)
3. Staff recommends
motion to receive and file: fully executed Project Agreement Amendment with the Florida Inland
Navigation District (FIND) Waterways Assistance Program Grant PB-13-172 for
planning, design, and permitting to renovate Ocean Inlet Park extending the
project completion date from September 1, 2015, to September 1, 2016. Summary: In 2013, the County
applied for and was awarded a $75,000 FIND grant for the planning, design and
permitting of the redevelopment of Ocean Inlet Park. The term of the
grant agreement, R2013-1743, was from October 16, 2013, to September 1,
2015. The County applied for and was
awarded a one year project completion extension. There are no other changes to
the terms of the Agreement as a result of this Amendment. The fully executed Project Agreement Amendment is
now being submitted to the Board to receive and file. District 1 (AH)
P. COOPERATIVE EXTENSION
SERVICE
1. Staff recommends
motion to approve: appointment
and reappointment of the following individuals to the Agricultural Enhancement
Council for the term of October 20, 2015 to September 30, 2018:
Appointment
Name Category,
Seat Number Expire
Wade Glenn Whitworth, Jr. Eastern Palm Beach County Vegetable
Industry, Seat 1 9/30/18
Linda Louise Elie Equestrian,
Seat 9 9/30/18
Reappointment
Name Category,
Seat Number Expire
Antonio De Corral Sugar
Cane Industry, Seat 3 9/30/18
Dave Self Nursery
Industry, Seat 5 9/30/18
Jesus Garza Vegetable
Industry, Seat 8 9/30/18
Rick Roth Farm
Bureau, Seat 2 9/30/18
Stephen Basore Agricultural
Value Added Industry, Seat 6 9/30/18
Angela Pope Financial,
Seat 4 9/30/18
SUMMARY: Based on Resolution R2014-0303, nine agricultural related entities were
requested to nominate one member each to the Agricultural Enhancement Council
(AEC). Eight nominations are being submitted at this time. Staff is requesting appointment and
reappointment of eight members. The
Council consists of nine members with six seats currently filled and a diversity
count of six Caucasians. The current gender ratio (male: female) is 5:1. The
nominees are one Caucasian male and one Caucasian female. Rick Roth has
disclosed that he has a Lease Agreement with Palm Beach County. The
Agricultural Enhancement Council provides no regulation, oversight, management
or policy-setting recommendations regarding the subject agreement. Disclosure of this contractual relationship
at a duly noticed public meeting is being provided in accordance with the
provisions of Sec. 2-443 of the Palm Beach County Code of Ethics. Countywide
(AH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff
recommends motion to:
A) receive
and file the following
executed agreements with the State of Florida, Division of Emergency Management
(FDEM) to receive grant funding for the period July 1, 2015, through June 30,
2016:
1. State-funded Subgrant Agreement (16-BG-83-10-60-01-050)
for FY2015-16 in the amount of $105,806 for the Emergency Management
Preparedness and Assistance (EMPA) Grant to improve and enhance emergency
management plans and programs and provide operational support to maintain state
required programs;
2. Federally-funded Subgrant Agreement (16-FG-5A-10-60-01-117)
for FY2015-16 in the amount of $262,003 for the Emergency Management
Performance Grant (EMPG) to improve and enhance emergency management plans and
programs and provide operational support to maintain state required programs;
and
B) approve
a Budget Amendment of $282,146 in the Emergency Management Preparedness and
Assistance Fund to adjust the EMPA grant by $79,354 to the actual award of
$105,806, and the EMPG grant by $202,792 to the actual award of $262,003.
SUMMARY:
The EMPA grant is state funded while the EMPG grant is federally funded.
Both grants recur annually, with the funds being distributed to the Public
Safety Department's Division of Emergency Management. These funds are used to
enhance and improve emergency management plans and programs and provide
operational support to maintain state required programs consistent with the
state's Comprehensive Emergency Management Plan. The grants will be used to
further enhance emergency planning, response, mitigation and recovery in the
County. R-2012-1731 dated November 20, 2012 gave authority to the County
Administrator, or his designee, to execute these agreements on behalf of the
Board of County Commissioners. No matching County funds are required
for the EMPA grant; however, a dollar for dollar match is required for the EMPG
grant which is included in the County budget. Countywide (JB)
2. Staff recommends
motion to:
A) approve Amendment No. 1 to contract for consulting/professional
relief veterinary shelter services with Leonid Vidrevich, D.V.M., an
individual, to increase the hourly rate of pay from $52 to $70 per hour for the
period commencing October 20, 2015, through March 9, 2016, and for future
renewals of the contract through March 9, 2019 and
B) authorize the County Administrator or designee, to
approve the renewal of this contract and necessary minor amendments that do not
change the scope of work or terms and conditions of this contract.
SUMMARY: This Amendment is a request to increase the
hourly rate of pay from $52 to $70 per hour for relief veterinary shelter
services provided by Leonid Vidrevich, D.V.M.
The contract remains at the previously approved not to exceed amount of
$100,000 for the period commencing October 20, 2015, through March 9, 2016 and
for future renewals of the contract through March 9, 2019. The Animal Care and
Control Division is required to provide appropriate
and necessary veterinary services for sheltered animals. This Amendment will increase the rate of pay
to a rate competitive with that of other agencies providing animal services on
a contract basis. This is the First Amendment to the contract entered into on
March 10, 2015 (R2015-0341). The
contract may be renewed for one year terms beginning March 10, 2016, through
March 9, 2019. Countywide (SF)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to:
A) approve an Interlocal
Agreement for services with the Florida Department of Health – Palm Beach
County (FLDOH-PBC) in the amount of $43,000 for the period October 20, 2015,
through September 30, 2017 to provide sexually transmitted disease (STD)
prophylactic treatment and related medical services to victims of sexual
assault; and
B) authorize
the County Administrator or
designee to execute contracts, amendments, and modifications with the Florida
Department of Health – Palm Beach County on behalf of the Board of County
Commissioners.
SUMMARY: Palm Beach
County Victim Services & Certified Rape Crisis Center (PBCVS) responds to
sexual assault victims on a 24-hour basis with a Victim Advocate and a Sexual
Assault Nurse Examiner (SANE). Sexual
assault evidentiary collection exams are performed by SANE nurses at either the
Butterfly House, a dedicated forensic exam facility operated by Victim
Services, or at any emergency room (ER) in Palm Beach County. While Palm Beach County ER’s may provide
post-assault medication, the Butterfly House does not. This interlocal agreement affords the victim
an additional option and more time post-assault to consider seeking
prophylactic treatment. Countywide (JB)
BB. YOUTH
SERVICES
1. Staff recommends
motion to receive and file: Agreement with the Norton Museum of Art, Inc. for the period October 1,
2015, through September 30, 2016, to provide after school arts community
education for at-risk youth attending the Highridge Family Center at no cost to
the County. Summary: Highridge Family Center has been selected by
the Norton Museum of Art as one of four sites to participate in the PACE
program for FY2015-2016. The PACE
program provides free weekly art classes to at-risk
youth by a local professional artist. In
exchange for art classes conducted at Highridge, County staff must assist with
the annual assessment of the program and the instruction artist, as well as be
responsible for the general maintenance and cleaning of the meeting room. There are no costs associated with this
agreement. Resolution Number R2013-0309
authorizes the County Administrator or designee to execute any Agreements, or
amendments with the Norton Museum of Art for educational art classes or
programs at the Highridge Family Center on behalf of the Board of County
Commissioners. Countywide (HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
BB. YOUTH
SERVICES (Cont’d)
2. Staff recommends
motion to approve:
Amendments to Contracts for Provision of Financial Assistance with the below
listed agencies for the period October 1, 2015 through September 30, 2016, in
an amount totaling $533,889 to provide a variety of youth programming to the
community:
A) Amendment
No. 02 to Contract for Provision of Financial Assistance with ASPIRA of
Florida, Inc. (R2014-0025, as previously amended R2014-1560), increasing
funding by $125,000 for a new total contract amount not to exceed $375,000; and
B) Amendment No. 02 to Contract for Provision
of Financial Assistance with Communities in Schools of Palm Beach County, Inc.
(R2013-1393, as previously amended R2014-1440), increasing funding by $69,618
for a new total contract amount not to exceed $208,854; and
C) Amendment No. 02 to Contract for Provision
of Financial Assistance with Gulfstream Goodwill Industries, Inc. (R2013-1559,
as previously amended R2014-1561), increasing funding by $123,757 for a new
total contract amount not to exceed $371,271; and
D)
Amendment No. 02 to Contract for Provision of Financial Assistance with
the City of Pahokee (R2014-0239, as previously amended R2014-1905), increasing
funding by $131,364 for a new total contract amount not to exceed $394,092; and
E)
Amendment No. 02 to Contract for Provision of Financial Assistance with
Urban Youth Impact, Inc. (R2013-1562, as previously amended R2014-1440),
increasing funding by $84,150 for a new total contract amount not to exceed
$252,450.
Summary: On July 22, 2014, the Board of County Commissioners approved
the transfer of funding allocations for the Youth Violence/Diversion and Summer
Camp Scholarship Programs from the Department of Community Services to the newly created
Youth Services Department. The five referenced agreements were previously a
part of the Financial Assisted Agency program and are now referred to as
Community Based Agencies under the new Youth Services Department. The contract
amendments recommended for approval reflect the last remaining renewal in a
three year cycle for a total contract amount of $533,889, which was approved as
part of the FY 2016 budget process.
Funding is the same as FY 2015 and no additional funds are being
allocated in this item. Countywide (HH)
OCTOBER 20, 2015
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: Agreement
with the Cultural Council of Palm Beach County, Inc. in the amount of $200,000
from October 1, 2015, through September 30, 2016 for services relating to the
administration of Category C – Level 1 (Small and Emerging Organizations,
Children’s and Multicultural projects) cultural grant program for non-profit
organizations within the County. SUMMARY: The County shall provide an amount of Two
Hundred Thousand Dollars ($200,000) to fund certain activities of non-profit
organizations as determined by the Cultural Council of Palm Beach County, Inc.
(Council) pursuant to a process established herein and approved by County. Of the $200,000 in County funding up to One
Hundred and Eighty Thousand Dollars ($180,000) shall be applied to Category
C-Level l (Small and Emerging Organizations, Children’s and Multicultural
projects). A portion of the remaining
funds, not to exceed 20% of the total amount, may be used by the Council to
administer the program. In the event any
of the funds are unspent, the Council will reallocate said funds to support
cultural programs in underserved areas of the County. Rena Blades of the Cultural Council of Palm Beach County, Inc. serves on
the Palm Beach County Public Art Committee. The Committee provides no
regulation, oversight, management, or policy-setting recommendations regarding
the above contract. Disclosure of the contractual relationship at a duly
noticed public meeting is being provided in accordance with the provisions of
Sec. 2-443, of the Palm Beach County Code of Ethics. Countywide (DW)
* * * * * * * * * * * *
OCTOBER 20, 2015
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends motion to adopt: a Resolution to abandon a five to ten foot portion of a 15 foot wide drainage easement lying in Lot 2A, Seven Oaks Replat of Lots 1 and 2, according to the plat thereof, as recorded in Plat Book 74, Page 196, of the Public Records of Palm Beach County, Florida. SUMMARY: Adoption of this Resolution will eliminate the public dedication and remove an encroachment due to an error in construction. The petition site is east of Prosperity Farms Road, north of PGA Boulevard and south of Donald Ross Road, on the north side of Seven Oaks Lane. Only a portion of the drainage easement is needed for drainage purposes and that portion will remain under a drainage easement. District 1 (MRE)
B. Staff
recommends motion to:
1) adopt a Resolution of the
Board of County Commissioners of Palm Beach County, Florida, confirming the Special
Assessment Roll for the 77th Place North Water Main Extension (Project); and
2) approve Work Authorization No. 19 to Johnson-Davis,
Inc., under the Water Utilities Department (WUD) Continuing Construction
Contract (R2013-0550) in the amount of $101,360.66.
Summary: Petitions in favor of the installation of a potable water main have been
provided by 80% of the property owners in the 77th Place North project area. The petitions were considered and approved at
the regular meeting of the Board of Supervisors of the Indian Trails
Improvement District on March 11, 2015. The Project will serve ten residential
properties currently on private wells. Individual assessments of $10,418.96 per
parcel are based on 90% of the total project cost as per the agreement between
the County and Indian Trails Improvement District (ITID), in which the County
will allocate $500,000 to provide financial support for up to 10% of the final
cost for assessment projects within the legislative boundaries of the ITID. WUD
has encumbered and expended a total of $237,322.23 for previous ITID assessment
projects. The assessment is payable over a 20 year time period, in equal annual
payments of principal and 5.5% interest. The total assessable Project cost is
$104,189.60 and includes the costs of surveying, design, drafting, permitting,
construction, inspection, administration, and construction contingency. The Project
will be constructed utilizing a Work Authorization under the WUD Continuing
Construction Contract with Johnson-Davis, Inc. (R2013-0550). The Small Business
Enterprise (SBE) participation goal established by the SBE Ordinance
(R2002-0064) is 15% overall. The contract with Johnson-Davis, Inc. provides for
SBE participation of 20.96%. This Authorization includes 22.55% overall
participation. The cumulative SBE participation is 18.09% overall. If the
actual cost exceeds the total assessable cost, the difference will be covered
by WUD. (WUD Project No. 15-021) District 6 (MJ)
OCTOBER 20, 2015
4. PUBLIC
HEARINGS CONTINUED
C. Staff recommends
motion to:
1) adopt Resolution of the
Board of County Commissioners of Palm Beach County, Florida, confirming the Special
Assessment Roll for the 90th Street North Water Main Extension (Project); and
2) approve Work Authorization No. 20 to Johnson-Davis,
Inc., under the Water Utilities Department (WUD) Continuing Construction
Contract (R2013-0550) in the amount of $138,130.79.
Summary: Petitions in favor of the installation of a potable water main have been
provided by 79% of the property owners in the 90th Street North Project area. The
petitions were considered and approved at the regular meeting of the Board of
Supervisors of the Indian Trails Improvement District on January 21, 2015. The Project
will serve 14 residential properties currently on private wells. Individual
assessments of $11,898.98 per parcel are based on 90% of the total project cost
as per the agreement between the County and Indian Trails Improvement District
(ITID), in which the County will allocate $500,000 to provide financial support
for up to 10% of the final cost for assessment projects within the legislative
boundaries of the ITID. WUD has encumbered and expended a total of $237,322.23 for
previous ITID assessment projects. The assessment is payable over 20 years in
equal annual payments of principal and 5.5% interest. The total assessable cost
is $166,585.72 and includes the costs of surveying, design, drafting,
permitting, construction, inspection, administration, and construction
contingency. The Project will be constructed utilizing a Work Authorization
under the WUD Continuing Construction Contract with Johnson-Davis, Inc.
(R2013-0550). The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
Johnson-Davis, Inc. provides for SBE participation of 20.96%. This
Authorization includes 23.58% overall participation. The cumulative SBE
participation is 18.15% overall. If the actual cost exceeds the total
assessable cost, the difference will be covered by WUD. (WUD Project No.
15-032) District 6 (MJ)
D. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing the “Civil Citation
for Small Quantity Marijuana Possession Ordinance”; providing for a title;
providing for applicability; providing for definitions; providing for civil
citation for certain misdemeanor violations; providing for civil penalties and
enforcement; providing for repeal of laws in conflict; providing for
severability; providing for inclusion in the code of laws and ordinances;
providing for captions; and providing for an effective date. SUMMARY: The Board of County
Commissioners directed staff to research whether Palm Beach County could enact
an ordinance similar to those being considered by other local jurisdictions,
including Miami-Dade County and West Palm Beach, which provide an alternative
penalty for the possession of small amounts of marijuana and/or marijuana drug
paraphernalia. This ordinance allows law
enforcement the alternative of issuing a civil citation and imposing a civil
fine of $100 on any person, 18 years of age or older, who possesses 20 grams or
less of marijuana and/or marijuana drug paraphernalia. Unincorporated (HH)
OCTOBER 20, 2015
4. PUBLIC
HEARINGS CONTINUED
E. Staff recommends
motion to adopt: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing the “Home Caregiver Ordinance”;
providing for a title; providing for applicability; providing for definitions;
providing for licensing; providing for disqualifications; providing for
administrative appeal; providing for enforcement; providing for penalties;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; providing for captions; and
providing for an effective date. SUMMARY:
The Board of County Commissioners directed staff to work with the Palm
Beach County Sheriff’s Office in researching an ordinance requiring licensure
and fingerprinting of home caregivers.
This Ordinance will require licensure of those who qualify as “Home
Caregivers” under the Ordinance, by the County’s Department of Public Safety,
Consumer Affairs Division. The Ordinance
will be enforced primarily by the Palm Beach County Sheriff’s Office. Countywide (HH)
* * * * * * * * * * * *
OCTOBER 20, 2015
A. ADMINISTRATION
1. Staff recommends
motion to adopt: a Resolution by the Board of County Commissioners of
Palm Beach County, Florida, supporting a statewide prohibition on hydraulic
fracturing, acid fracturing, and similar high-pressure well stimulation
practices performed for the purpose of exploration or production of oil or
natural gas in the State of Florida and supporting legislation providing for
the prohibition. SUMMARY: The
Board has requested that a resolution supporting a prohibition in the State of
Florida of oil and gas drilling practices commonly referred to as “fracking” be
brought before it for consideration.
Resolutions for this purpose have been passed by several counties,
including Miami-Dade, Broward, Alachua, Leon, St. Lucie, Madison, Martin,
Hamilton, Union, Escambia, Flagler, Gadsden, and Monroe. In the 2015 legislative session, two bills
prohibiting these drilling practices (SB 166 by Soto and HB 169 by Jenne) were
considered, along with various bills providing for additional regulation and
permitting of fracking activities (CS/HB 1205 by Rodrigues and SB 1468 by
Richter), none of which passed. Thus
far, in advance of the 2016 legislative agenda, two bills have been filed to
prohibit fracking in Florida: SB 166 (Soto) and HB 19 (Jenne). Two additional bills, SB 318 (Richter) and HB
191 (Rodrigues), have been filed to create a regulatory framework for
fracking. These latter two bills would
pre-empt local regulation of oil and gas resources. A resolution supporting a prohibition states
the potential risk of contamination of groundwater resources and drinking water
aquifers and the importance of protecting Florida’s natural resources. Countywide (DW)
2. DELETED:
Staff recommends motion to approve:
A) Amendment No. 4 to the Agreement
(R2011-1975) with the Business Development Board of Palm Beach County, Inc. (BDB)
allocating an additional $400,000 in supplemental funding for Fiscal Year
2015-2016 and expanding the scope of work;
B) a Budget Transfer
of $300,000 from the General Fund Contingency Reserves to the Department of
Economic Sustainability Fund; and
C) a Budget Amendment
of $300,000 in the Department of Economic Sustainability Fund to recognize the
funds from the General Fund.
Summary: On December 6,
2011, the Board of County Commissioners (BCC) entered into an Agreement
(R2011-1975) with the BDB to provide business recruitment assistance, business
retention activities and business expansion services in Palm Beach County. The BCC and the BDB entered into a
public-private partnership to promote the County, attract new businesses and
assist in creating new industries in the County. The Agreement period is from October 1, 2011,
through September 30, 2016, and is in its fifth and final year of the
term. This Amendment allocates an
additional $400,000 in supplemental funding to the BDB which will provide
additional funding for activities in the current scope of work and for the
Glades Economic Development Program. The
revised scope is provided as an attachment to the Agenda Item. These are County
Ad Valorem funds. Countywide (JB)
OCTOBER 20, 2015
5. REGULAR
AGENDA
A. ADMINISTRATION (Cont’d)
3. Staff recommends
motion to approve: an
Economic Development Incentive Agreement with Carrier Corporation and Otis
Elevator Company (the “Companies”), divisions of United Technologies
Corporation, for an Ad Valorem Tax Exemption not to exceed $3 Million over a
ten year period. Summary: On March 10, 2015,
the Board of County Commissioners (BCC) conceptually approved an Economic
Development Ad Valorem Tax Exemption (R2015-0356) not to exceed $3 Million over
a period of ten years. The Agreement with Carrier Corporation and Otis
Elevator Company, (Project Diamond) requires the Companies to make a minimum
$115 Million capital investment, create 380 jobs over a six year period at an
average annualized wage of $85,000 and retain those jobs for a period of five
years from creation. Additionally, 70 existing full-time jobs are required to
be retained for a period of five years. The State of Florida
approved $2.66 Million in the form of a Qualified Target Industry Tax Refund
(QTI) with a High-Impact Sector Bonus, and $4.9 Million from the Quick Action
Closing Fund. The City of Palm Beach Gardens approved cash incentives totaling
$630,000 and a 100% Ad Valorem Tax Exemption for up to five years and a 50%
exemption for years six through ten. The project encompasses the construction
of an approximately 250,000 sf state of the art building to be known as the
“UTC Center for Intelligent Buildings” to be located on 30 acres within the
Briger Property. The UTC Center for Intelligent Buildings will serve as a
showcase to demonstrate new building technologies and will encourage global
customer interaction, collaboration and inspiration to see the new
possibilities for advanced integrated and sustainable building solutions.
It will also provide office space for employees engaged in, amongst other
things, research and product development activities of the company. The
Companies are a $29 Billion operating segment of United Technologies
Corporation, a Fortune 500 Company. The Companies are the world’s largest
provider of building technologies, including security, fire safety, building
automation, heating, ventilation, air conditioning, elevator, escalator and refrigeration systems. Award of the Ad
Valorem Tax Exemption is contingent upon the determination that the project
meets the requirements under Florida Statute 196.012 for an Ad Valorem Tax exemption.
This project is expected to have a five year economic impact of $662.4 Million.
District 1 (JB)
OCTOBER 20, 2015
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT
& OPERATIONS
1. REVISED
TITLE: Staff
recommends motion to:
A) approve a First Restated Developer Agreement with HW
Spring Training Complex, LLC (LLC) (R2015-1071 1072, R2015-1258);
B) approve a First Restated Sports Facility Use
Agreement with HW Spring Training Complex, LLC (R2015-0172, R2015-1259);
C) approve a finding that Condition Precedent 17.1C of the Developer Agreement has
been fulfilled with respect to satisfactory completion of due diligence
requirements by both parties having agreed that permits and approvals will be
obtained as required for the development and construction;
D) receive and file the Program Budget
Estimate required by Article 8 of the Developer Agreement;
E) receive and file a letter from Major League Baseball approving the Developer
Agreement and Sports Facility Use Agreement fulfilling Condition Precedent
17.1D of the Developer Agreement and19.1C of the Sports Facility Use Agreement;
and
F) receive and file the LLC’s request
that the County issue the bonds to fund the County’s obligation to the Facility
including the LLC’s agreement that permits and approvals will be obtained as
required for the development and construction.
SUMMARY: The changes to the
First Restated Development Agreement and First Restated Sports Facility Use
Agreement (Agreements): 1) restructure the Facility Use Fee to support the
issuance of a portion of the bonds as tax exempt, 2) detail the statutory
requirements for reimbursement of State funding in the event of relocation of
one or both of the Teams, and 3) adds the Teams as signatories to the
Agreements only for the Sections addressing the requirements to play Spring
Training Season Home Games and the statutory requirements for reimbursement of
State funding. Condition Precedent 17.1
of the Developer Agreement requires
“satisfactory completion of all due diligence requirements ….or both parties
having agreed that permits and approvals will be obtained as required for the
development and construction.” The finding states that both parties agree
that all required permits and approvals are attainable and while it is always
possible for permits to be issued subject to stipulations and conditions, any
such terms are most likely to be acceptable or otherwise resolvable through
design solutions. Thus, the potential monetary implications of any conditions
and/or unforeseen circumstance are seen as being a greater challenge than the
ability to obtain permits and approvals. The Program Budget Estimate prepared
by the LLC is $144,148,835 and Staff has reviewed the 100% design development
documents and estimate and believes the Program Budget Estimate to be
reasonable but for a contingency lower than Staff would maintain at this point
in the project, and for currently unquantified sales tax savings which cannot be
verified. However, since the Teams are required to fund all expenses in excess
of $135,000,000 and have guaranteed that any overruns will be funded, Staff is accepting the Program Budget Estimate.
Motion E demonstrates fulfillment of conditions precedent to closing relating
to Major League Baseball (MLB’s) approval of the Agreements. Motion F sets
forth the LLC’s request that the County proceed with the issuance of bonds, as
soon as all conditions precedent are fulfilled which ends the LLC’s ability to
terminate the Agreements. The only unfilled condition precedent after approval
of this item, is the receipt of the State Funding Certification Letter without
conditions, which the State has represented will be forthcoming by October 30,
2015 assuming the Board approves the First Restated Agreements. (FDO Admin) Countywide/District
7 (MWJ)
OCTOBER 20, 2015
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. REVISED TITLE & BACKUP: Staff
recommends motion to:
A) Adopt , contingent upon the receipt of an
unconditional Funding Certification Letter from the State of Florida,
Department of Economic Opportunity no later than October 30, 2015, a Resolution
of the Board of County Commissioners of Palm Beach County, Florida authorizing
the issuance of not exceeding $133,000,000 in total original aggregate
principal amount of its Public Improvement Revenue Bonds (Professional Sports
Franchise Facility Project), in one or more series (the “Professional Sports
Facility Bonds”) for the purpose of financing, together with other legally
available funds of the County, the construction and equipping of a professional
sports franchise facility and paying certain costs related and incidental
thereto; providing for the terms and payment of such Professional Sports
Facility Bonds; providing for the rights, security and remedies of the holders
thereof; making certain covenants and agreements in connection therewith; declaring
the County’s official intent to seek reimbursement for certain capital
expenditures made with respect to the project; authorizing the County
Administrator to select the underwriting team for the Professional Sports
Facility Bonds in accordance with the County’s competitive selection of bond
underwriters policy for negotiated sales and/or upon consultation with the
County’s financial advisor, to select a qualified financial institution
pursuant to a competitive proposal process to purchase all or a portion of
Professional Sports Facility Bonds (“Bank Bonds”); authorizing the execution
and delivery of a purchase agreement with the underwriters and execution and
delivery of a covenant agreement with the purchaser of the Bank Bonds, if any,
subject to the parameters described herein; establishing criteria for
determining the date, interest rates, series designation, provisions for
redemption and maturity schedule of the Professional Sports Facility Bonds and
authorizing the Mayor (or in the absence of the Mayor, the Vice Mayor) and the
County Administrator to award the sale of such bonds on a negotiated basis
and/or private placement, as the case may be; approving a form of a preliminary
official statement and authorizing the preparation and execution and delivery
of a final official statement; authorizing the proper officials of the County
to execute and deliver a certificate deeming the preliminary official statement
“final” for purposes of Securities and Exchange Commission Rule 15c2-12;
providing for certain continuing disclosure undertakings pursuant to such rule;
appointing an initial paying agent and registrar; authorizing the proper officials of the
County to do all other things deemed necessary or advisable in connection with
the issuance of the Professional Sports Facility Bonds; providing for certain
other matters in connection therewith; and providing for an effective date;
B) approve a Budget
Amendment of $133,000,000 in the $133M Public Improvement Revenue Bonds, Series
2015C Capital Project Fund to budget bond proceeds, costs of issuance, and
project costs.
SUMMARY: The County approved building a
Professional Sports Franchise Facility in August 2015. The bonds are being
authorized at a not to exceed amount of $133 million to include the project
costs and cost of issuance. On August 26, 2015, the County Financing Committee
met and upon the recommendation of the County’s Financial Advisor, recommended
that the bonds will be sold as taxable and tax-exempt issues through a
negotiated sale. The approval of the resolution is contingent upon receipt of
the unconditional Funding Certification Letter from the State which must be
received no later than October 30th or this authorization will be
deemed rescinded. Countywide/District
7 (MWJ & PFK)
OCTOBER 20, 2015
5. REGULAR
AGENDA
B. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to:
A) approve
the finding that all
conditions precedent to closing contained in Article 9.1. of the Interlocal Agreement (R2015-1070)
with the City of West Palm Beach (City) for the exchange of property for the
development of a two team Major League Baseball Spring Training Facility (Facility)
will have been satisfied provided the County receives the unconditional State
Funding Certification Letter (State Letter) no later than October 30, 2015;
B) authorize Staff to close on the property exchange for
the Facility after the finding in Motion A has been satisfied; and
C) authorize the County Administrator, or her designee
to execute the Memorandum of Fee Commencement Date reflecting the date upon
which the remaining condition precedent to the issuance of the bond (Motion A
of Item 5B-2) is fulfilled.
SUMMARY: This item authorizes Staff to close in the property exchange with the
City of West Palm Beach providing the land upon which the Facility will be
constructed. The closing would take
place promptly after the County receives the Funding Certification Letter from
the State and the bonds are authorized for issuance. The Memorandum of Fee
Commencement Date will be sent reflecting the date upon which the State Funding
Certification is received. (FDO Admin) Countywide/District 7 (MWJ/HJF)
OCTOBER 20, 2015
5. REGULAR
AGENDA
C. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) a Contract for
Consulting/Professional Services with Paragon Florida, Inc. (Paragon) in the
amount of $40,000 for the period October 1, 2015 to September 30, 2016;
B) a Budget Transfer of $40,000
from General Fund Contingency Reserves to the Department of Economic
Sustainability Fund; and
C) a
Budget Amendment of $40,000 in the Department of Economic Sustainability Fund
to recognize the transfer from the General Fund.
Summary: This Contract will fund
Paragon for operational expenses to provide consulting and financing to small
businesses and persons developing small businesses. Paragon will be
required to: provide one-on-one counseling to a minimum of 25 businesses,
provide technical assistance to a minimum of 50 businesses, host at least three
seminars/workshops for entrepreneurs, create a minimum of five full-time
equivalent (FTE) jobs, and approve loans to small businesses totaling at least
$100,000. This funding is projected to have a five year Economic
Sustainability Impact of $3.5 Million. These are Ad Valorem funds. Thais
Sullivan, a member of the Board of Directors of the Paragon Foundation serves
on the Small Business Assistance Advisory Committee. This County Advisory
Board provides no regulation, oversight, management, or policy-setting
recommendations regarding the Contract for Consulting/Professional Services
stated above. Disclosure of this 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. (DES Strategic Planning) Countywide
(JB)
D. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. ADD-ON: Staff
recommends motion to approve:
A) Additional Services Authorization No. 4 to the
Contract for External Auditing Services dated March 12, 2013
(Resolution/Document R2013-0347), with McGladrey LLP
(Auditor), for additional services to provide a High Spend analysis and a
Budget Comparison to Peers analysis; and
B) Budget Transfer of $48,000
in the General Fund from Contingency for this item.
SUMMARY: This authorization will
allow the County’s external Auditor, McGladrey LLP,
to perform an analysis of County spending, to see if opportunities exist for
savings within specific funds (General Fund, Palm Tran Fund, County
Transportation Trust Fund, Fleet Fund, and Risk Management Fund), to provide comparisons to peer counties, and make
recommendations to assist in making informed decisions that will improve
efficiency and effectiveness. The budget transfer will establish the
budget of $48,000 from contingency for this item. Countywide (PFK)
E. PUBLIC
SAFETY
1. ADD-ON: Staff
recommends motion to approve: an Agreement with the
Animal Recovery Mission, Inc. (ARM), for the care of animals seized by the
County on October 13, 2015. SUMMARY: On October 13, 2015, Animal Care and Control (ACC)
and ARM assisted the Palm Beach County Sheriff’s Office (PBSO) in removing more
than 750 farm animals from farms that illegally and inhumanely slaughter
animals. Due to the large number of
animals seized, ACC is unable to maintain all of the animals at its
shelter. ARM agreed to maintain a large
number of the animals pending the outcome of animal custody cases that will
soon be filed. This Agreement sets forth the terms under which ARM will
maintain the animals until the conclusion of court cases to determine custody
of the animals and how the animals will be disposed of after such cases. The
parties agree that the County shall not be responsible to compensate ARM for
any costs ARM incurs to impound, transport, possess or care for the animals at
issue in this Agreement. (Animal Care & Control) District 6 (SF)
* * * * * * * * * * * *
OCTOBER 20, 2015
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 20, 2015
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 20, 2015
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, MAYOR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER, VICE MAYOR
F. District
6 - COMMISSIONER MELISSA MCKINLAY
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
9. 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."