March 17, 2020

9:30am

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

ADDITIONS, DELETIONS, & SUBSTITUTIONS

 

MARCH 17, 2020

 

PAGE             ITEM

 

11                    3E-4                REVISED MOTION: Staff recommends motion to approve: amendments to contracts for Provision of Professional Services with the below-listed agencies, to extend the end date from March 31, 2020 to September 30, 2020, to provide a variety of services to low-income clients: A) Amendment No. 1 with Christians Reaching Out to Society, Inc. (CROS) (R2019-1279), to provide gleaning services, in an amount not-to-exceed $75,000; B) Amendment No. 1 with CareerSource Palm Beach County, Inc. (CareerSource) (R2019-1614), to provide work readiness training services, in an amount not-to-exceed $100,000; C) Amendment No. 1 with Nurse Assistant Training School, Inc. d/b/a Academy for Nursing and Health Occupations (NATS) (R2019-1280), to provide home health aide and nurse assistant training services, in an amount not-to-exceed $96,720; and D) Amendment No. 1 with Gulfstream Goodwill Industries, Inc. (GGI) (R2019-1282), to provide work readiness training services, in an amount not-to-exceed $20,000. (Comm Svs)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 31                   5D-1               REVISED SUMMARY:  The Elizabeth Faulk H. Foundation, Inc. was organized in 1971 as a Florida not-for-profit corporation with the charitable purpose of “providing free psychological and consultation services to the needy”.  In 1979, the County conveyed approximately 10 acres of land located on the West side of Boca Rio Road just north of S.W. 8th Street to Foundation.  The Foundation constructed a 13,000 SF building on roughly four acres of the property in which it operates its Faulk Center for Counseling. In 2013, Foundation was approached by a developer who proposed to develop a 96 unit/117 bed senior assisted living facility on the remaining undeveloped six acres of the property.  The developer proposed a complicated financial and organizational structure which would create a revenue stream for Foundation and would provide Foundation the opportunity to provide Alzheimer’s and memory care services to elderly residents in the Assisted Living Facility (ALF).  This financial structure involved tax exempt bond financing and required modification of the deed restrictions.  In 2014, the County modified the deed restrictions to release the County’s reverter; restrict use of the property to: i) mental health counseling and rehabilitation of the mentally ill; and ii) the development, use and operation of a senior living facility with assisted living units accommodating approximately 117 assisted living beds providing memory care services; allow for conveyance of the property to an affiliate of Foundation; and allow the property to be mortgaged for purposes of securing financing. Unfortunately, the developer seriously miscalculated the construction costs of the project, and walked away from the project after the bonds were issued but prior to commencement of construction, which resulted in foreclosure of the mortgage on behalf of the bondholders by PJPF Holdings, LLC (PJPF) and the Foundation’s loss of approximately six acres. As a result of foreclosure of the mortgage, the property can be used as a general ACLF and is not required to provide memory care services.  Since it acquired title in 2018, PJPF has sought to sell the foreclosed property for development consistent with the existing deed restrictions. PJPF entered into a contract to sell the property to Protea Senior Living Boca Raton, LLC which is willing to develop an ALF using essentially the same design as previously proposed, will provide memory care services and will perform improvements which will benefit the Foundation’s remaining property, including new access drives, improved surface water management and connection to public water and sewer. Foundation and Protea will also enter into a unity of control which requires that the development be in accordance with the Site Plan approved by the Foundation.  Protea is requesting the deed restrictions be further modified to: i) remove the requirement that the Property remain owned by a not for profit entity, ii) approve the conveyance of the foreclosed property to Protea Senior Living Boca Raton, LLC; iii) clarify that assisted living services may will be furnished at the facility together with memory care services; and iv) releasing upon receipt of a Certificate of Occupancy for Protea’s ALF, the County’s approval rights for future conveyance or encumbrance of the foreclosed property shall terminate. The Foundation and staff both supports the requested modification of the restrictions. as this will continue to require development of Development of Protea’s project will provide assisted living units and provide with memory care services consistent with the original restrictions and will also provide Foundation with an opportunity to provide mental health services to residents within Protea’s ALF, which was the goal of the previous transaction. needed improvementsIn the event the Board does not approve the modification of restrictions, Protea will be unable to move forward its project, and it is possible that PJPF could sell the property to a developer who would be less cooperative and not agree to provide memory care services.  In any event, resolution of this issue would continue to drag out for years.  Due to the unusual nature of this transaction, staff is requesting Board direction. (Property & Real Estate Management) District 5 (HJF) (FDO)

 

 

 

 

 

 

 

 

 

 

31                    5E-1                ADD-ON: Staff recommends motion to ratify:  the Mayor’s signature on the State of Emergency Declaration for Palm Beach County effective March 13, 2020 in response to the imminent threat posed by the COVID-19 coronavirus. SUMMARY:  A Declaration of a State of Emergency was declared by Mayor Dave Kerner effective March 13, 2020, in accordance with Section 9-35 of the Palm Beach County Code.  This section provides that whenever an emergency has placed the citizens of Palm Beach County in danger of loss of life or property, and the Board of County Commissioners is unable to meet in a timely manner, a state of emergency can be declared by the Mayor, the Vice-Mayor in the Mayor’s absence, or the County Administrator in the absence of the Mayor and Vice-Mayor.  Ratifying the Mayor’s signature will provide the Board’s concurrence with the declaration.  A declaration of emergency activates applicable county emergency plans and provides expanded levels of authority to the County Administrator.  Countywide (LDC)    

 

NOTE:  Items that were revised, added, deleted, or backup submitted and were not listed on the preliminary addition/deletion sheet distributed to the Board the prior day are noted with an asterisk (*).


 

 

ORDER OF BUSINESS

BOARD OF COUNTY COMMISSIONERS

BOARD MEETING

PALM BEACH COUNTY, FLORIDA

 

 

MARCH 17, 2020

 

 

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 6-26)

 

 4.        PUBLIC HEARINGS - 9:30 A.M. (Page 27)

 

 5.        REGULAR AGENDA (Pages 28-31)

 

 6.        BOARD APPOINTMENTS (Page 32)

 

 7.        STAFF COMMENTS (Page 33)

 

 8.        BCC COMMENTS (Page 34)

 

 9.        ADJOURNMENT (Page 35)

 

 

 

 

* * * * * * * * * * *


MARCH 17, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA

 

B. CLERK & COMPTROLLER

Page 6

            3B-1    Warrant list

            3B-2    Contracts and claims settlements list

           

C. ENGINEERING & PUBLIC WORKS

Page 6

            3C-1   Receive and file agreement with the Florida Department of Transportation for reconstruction and widening of Haverhill Road approaching the intersection of Bee Line Highway

            3C-2   Amendment to the Infrastructure Surtax Project Plan for the Kudza Road over LWDD Lateral 8 Canal Bridge project

Page 7

            3C-3   Amendment to contract with Mock Roos & Associates, Inc. for design of the Belvedere Heights Phase I project

            3C-4   Receive and file amendment to agreements with the Florida Department of Transportation for intersection improvements and design of projects

Page 8

            3C-5   Interlocal agreement with the Town of Lake Clarke Shores regarding open cuts in Palm Beach County maintained thoroughfare and non-thoroughfare roads

            3C-6 Amendment to the Infrastructure Surtax Project Plan to advance the Congress Avenue at Palm Beach Lakes Boulevard drainage improvement project 

 

D. COUNTY ATTORNEY

Page 8

            3D-1   Contract with Barry S. Balmuth P.A. for legal services

 

E. COMMUNITY SERVICES

Page 9

            3E-1    Agreement for the Older Americans Act with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for provision of in-home and community base services to seniors

            3E-2    Amendment to contract with The Homeless Coalition of Palm Beach County, Inc. for provision of stipends, equipment and supplies for the Parks to Work program participants

Page 10

            3E-3    Amendment to contract with Ryan White Part A HIV Health Support Services with AIDS Healthcare Foundation, Inc. for providing of improving health outcomes for persons living with HIV

Page 11

            3E-4    Amendments to contract with four agencies for provision of a variety of services to low-income clients

Page 12

            3E-5    Appointment to the Palm Beach County HIV Comprehensive AIDS Resources Emergency Council

            3E-6    Receive and file Notice of Award from the U.S. Department of Health and Human Services, Health Resources and Services Administration for services to reduce HIV Infections in Palm Beach County

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

F. AIRPORTS

Page 13

            3F-1    Amendment to agreement with CH2M Hill, Inc. related to the Airport’s Capital Improvement Program

            3F-2    Receive and file award modification of Law Enforcement Officer Reimbursement Program Other Transaction Agreement with the Transportation Security Administration supporting passenger screening operations

Page 14

            3F-3    Change order to contract with West Construction, Inc. for the Southside Redevelopment Phase 1 & 2 at Palm Beach County Park Airport

            3F-4    Receive and file license agreement with Sixt Rent A Car LLC for overflow parking

           

H. FACILITIES DEVELOPMENT & OPERATIONS

Page 15

            3H-1   Amendment to contract with Robling Architecture Construction Inc. for Phase 2 of the Southern Regional Water Reclamation Facility Elevator Modernization project

            3H-2   Consultant Services Authorization to contract with Architecture Green LLC for the Wellington Library Renovation and Chiller Replacement project

Page 16

            3H-3   Consultant Services Authorization to contract with Architecture Green LLC for the Lantana Library Renovation project

            3H-4   Amended and Restated Interlocal Agreement with the City of Ft Lauderdale for interoperable communications

Page 17

            3H-5   Amended and Restated Interlocal Agreement with the Health Care District for interoperable communications

            3H-6   Interlocal agreement with the Village of Palm Springs for radio maintenance services

            3H-7   Amended and Restated Interlocal Agreement with the Village of Palm Springs for direct access to the County’s Public Safety Radio System

Page 18

            3H-8   Amendment to contract with Robling Architecture Construction Inc. for the Water Utilities Department Customer Service Remodel project

 

K. WATER UTILITIES

Page 18

            3K-1    Work authorization to contract with Hinterland Group Inc. for Wastewater Gravity Lines and Manhole Rehabilitation

Page 19

            3K-2    Amendment to contract with Aquifer Maintenance and Performance Systems, Inc. for an additional 12-month period

 

L. ENVIRONMENTAL RESOURCES MANAGEMENT

Page 19

            3L-1    Receive and file Florida Department of Agriculture and Consumer Services Amendment to State Financial Assistance Recipient Agreement for provision of mosquito control activities

Page 20

            3L-2    State of Florida Department of Environmental Protection purchase order for expansion of coral nurseries

            3L-3    Receive and file task assignment change order to contract with the State of Florida, Department of Environmental Protection for petroleum storage tank inspections

Page 21

            3L-4    Resolution authorizing transfer from the Pollution Recovery Trust Fund for continuation of the Native Canopy Education Program

 

 

 

 

 

MARCH 17, 2020

 

 

TABLE OF CONTENTS

 

CONSENT AGENDA CONTINUED

 

S. FIRE RESCUE

Page 21

            3S-1    Appointment to the Regional Hazardous Materials Oversight Committee

 

X. PUBLIC SAFETY

Page 22

            3X-1    Memorandum of Agreement with the Florida Department of Health for support services for emergency distribution of strategic national stockpile

            3X-2    Receive and file Emergency Medical Services County Grant Award Letter from the State of Florida Department of Health, Bureau of EMS to improve and expand the EMS system

 

Z. RISK MANAGEMENT

Page 23

            3Z-1    Renewal of the excess property, excess liability, and excess workers’ compensation insurance programs through Arthur J. Gallagher Risk Management Services, Inc.

 

BB. YOUTH SERVICES

Page 23

            3BB-1 Agency Affiliation Agreement with Florida Atlantic University Board of Trustees allowing its student to complete planned and supervised clinical experiences required for a Master’s or Doctoral degree

Page 24

            3BB-2 Community Based Contract with Digital Vibez, Inc. for the Wellness Workshop and Fitness Jamz Program

 

CC. SHERIFF

Page 24

            3CC-1 Grant Modification notices with the U.S. Department of Homeland Security, transportation Security Administration to fund canine teams at the Palm Beach International Airport

Page 25

            3CC-2 Budget transfer from the Law Enforcement Trust Fund to various agencies providing crime prevention activities

Page 26

            3CC-3 Budget transfer from the Law Enforcement Trust Fund for the 2017 COPS Hiring Program grant

 

 

 

 

PUBLIC HEARINGS – 9:30 A.M.

 

            A. OFFICE OF FINANCIAL MANAGEMENT & BUDGET

Page 27

            4A-1    Budget amendments and transfers to reflect adjustments for balances brought forward, other revenues, reserves and operating expenses

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

TABLE OF CONTENTS

 

REGULAR AGENDA

 

A. PARKS & RECREATION

Page 28

            5A-1    Amendment to license agreement with the City of Palm Beach Gardens to include language regarding non-discrimination and revenue sharing

 

            B. AIRPORTS

Page 29

            5B-1    Resolution approving the submittal of an application to the Federal Contract Tower Program

 

            C. PALM TRAN

Page 30

            5C-1   Contract with Genfare for the Fare Collection System

 

            D. FACILITIES DEVELOPMENT & OPERATIONS

Page 31

            5D-1   Modification and Restatement of Deed Restrictions on property donated to the Elizabeth Faulk Foundation

 

 

BOARD APPOINTMENTS (Page 32)

 

STAFF COMMENTS (Page 33)

 

COMMISSIONER COMMENTS (Page 34)

 

ADJOURNMENT (Page 35)

 


MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        CLERK & COMPTROLLER

 

1.         Staff recommends motion to receive and file:  Warrant List – Backup information can be viewed in the Clerk & Comptroller’s Office.

 

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

 

 

C.        ENGINEERING & PUBLIC WORKS

 

1.         Staff recommends motion to receive and file: a construction agreement, dated December 13, 2019, with the Florida Department of Transportation (FDOT) for the reconstruction and widening of Haverhill Road at the southern approach to the intersection of Bee Line Highway (SR-710). SUMMARY: This agreement is being submitted to the Clerk & Comptroller of Palm Beach County in accordance with Countywide PPM CW-O-051. The construction includes modifications to the southeast intersection island, milling and resurfacing in the eastbound lanes of SR-710 within the FDOT right-of-way, and replacement of the northbound traffic signal loop detectors. This agreement was approved by the Deputy County Engineer as a delegated authority in accordance with R2013-1117 on December 9, 2019, and subsequently executed by FDOT on December 13, 2019. Districts 1 & 7 (YBH)

 

2.         Staff recommends motion to approve:

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, to increase the budget for the Kudza Road over LWDD Lateral 8 Canal bridge project (Project) from $700,000 to $875,000; and

 

B) a budget transfer of $175,000 within the IST Fund from reserves to increase the

budget for the Project.

 

SUMMARY:  Approval of the amendment and budget transfer will increase the funding for the Project from $700,000 to $875,000. The increase in cost is due to aging estimates within the IST plan and escalating construction costs. The $175,000 will be transferred from the Engineering Department’s IST Reserve account. The Sales Tax Oversight Committee reviewed this request at their February 20, 2020 meeting and approved it unanimously. This Project is funded through the infrastructure sales tax. District 2 (YBH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

3.         Staff recommends motion to approve:

 

A) the third amendment to the civil engineering services annual contract (R2016-0310) dated March 22, 2016 with Mock Roos & Associates, Inc. (MRA);

 

B) supplement no. 2 (Supplement) in the amount of $25,689.19, to the work task order dated January 30, 2019 with MRA for the design of Belvedere Heights Phase I (Project); and

 

C) a budget amendment of $40,000 in the Capital Outlay Fund to recognize reimbursement funding from the Westgate Belvedere Homes Community Redevelopment Agency (Westgate CRA) and appropriate it to the Project.

 

SUMMARY: Approval of this third amendment will update the language of the termination section, criminal history records check section, non-discrimination section, scrutinized companies section and add the vendor self-service registration required section to be compliant with current Palm Beach County standards. Approval of this supplement will provide for the completion of the civil design and construction plans preparation necessary for the Project. The solicitation for design professionals was advertised on August 9, 2015 and August 16, 2015. The annual contract was approved on March 22, 2016, prior to the effective date of the Equal Business Opportunity Ordinance and pursuant to the Small Business Enterprise (SBE) Ordinance at that time. The SBE goal for all contracts was 15%. MRA proposed 100% SBE participation. The SBE participation for this supplement is 100%. The cumulative SBE participation to date including this supplement is 96.82%. MRA is a Palm Beach County (County) based company. The Westgate CRA received a Local Agency Program (LAP) federally funded grant through the Florida Department of Transportation for the project. This grant requires that the County perform the design and construction as we are LAP certified. District 7 (YBH)

 

4.         Staff recommends motion to receive and file:

 

A) Amendment Number Two to the County Incentive Grant Program (CIGP) agreement with the Florida Department of Transportation (FDOT) for the construction of intersection improvements at SR809/Military Trail and Northlake Boulevard (R2017-0025) to extend the expiration date of the CIGP agreement from December 31, 2019 to June 30, 2020; and

 

B) Amendment Number Five to the CIGP agreement with the FDOT for the design of the Congress Avenue extension from Northlake Boulevard to Alt A-1-A/Richard Road (R2013-1291) to extend the expiration date of the CIGP agreement from December 30, 2019 to June 30, 2020.

 

SUMMARY:  These amendments are being submitted in accordance with Countywide PPM CW-O-051. The Deputy County Engineer approved the amendments by delegated authority in accordance with R2012-0035 on October 31, 2019 for Amendment Number Two, and December 18, 2019 for Amendment Number Five. Final execution by the FDOT was on November 18, 2019 for Amendment Number Two, and December 27, 2019 for Amendment Number Five. District 1 (YBH)

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

C.        ENGINEERING & PUBLIC WORKS (Cont’d)

 

5.         Staff recommends motion to approve: an interlocal agreement (Agreement) with the Town of Lake Clarke Shores (Town) regarding open cuts in Palm Beach County (County) maintained thoroughfare and non-thoroughfare roads. SUMMARY: The County has a policy that requires a surety to be posted for any construction in County rights-of-way that results in the open cutting of the pavement. The Town has requested that the County instead enter into an agreement which would relieve the Town from posting surety but require them to make any required repairs upon request by the County. Similar agreements have been executed with several other municipalities and special districts. This Agreement will remain in effect until termination by either party. District 3 (YBH)

 

6.         Staff recommends motion to approve:

 

A) an amendment to the Infrastructure Surtax (IST) Project Plan approved by the Board of County Commissioners (BCC) on April 4, 2017, to advance the Congress Avenue at Palm Beach Lakes Boulevard drainage improvements project (Project) from FY2021 and FY2023 to FY2020; and

 

B) a budget transfer of $500,000 within the IST Fund from reserves to advance the funds for the Project from FY2021 and FY2023 to FY2020.

 

SUMMARY:  Approval of the amendment and budget transfer will advance the Project from FY2021 and FY2023 to FY2020. The scope of the Project involves upgrading the drainage system along this intersection to alleviate flooding issues. Funding for the Project will be provided from the IST Plan and the Engineering Department’s (Engineering) Five Year Road Program. The total cost of the Project is estimated at $2,000,000. The IST Plan is currently funding $500,000 of the Project in two separate years: $100,000 in FY2021 and $400,000 in FY2023. The IST funding of $500,000 is being advanced from FY2021 and FY2023 to FY2020 to match the schedule provided in the Five Year Road Program. Engineering’s IST Reserve account will be replenished by $100,000 in FY2021 and by $400,000 in FY2023. The Sales Tax Oversight Committee reviewed this request at their February 20, 2020 meeting and approved it unanimously. This Project is funded through the infrastructure sales tax. District 7 (YBH)

 

 

D.        COUNTY ATTORNEY

 

1.         Staff recommends motion to approve: a contract for Professional Legal Services by and between Palm Beach County and Barry S. Balmuth P.A. for legal services in connection with eminent domain and inverse condemnation litigation for the County in an amount not to exceed $750,000, including costs. SUMMARY: The legal services are necessary to litigate numerous pending condemnation projects and the defense of inverse condemnation claims. The agreement would commence upon approval of the Board of County Commissioners and would be for a maximum duration of three years in an amount not to exceed $750,000, including costs. The hiring of outside counsel will provide the means for the County to meet its project objectives and simultaneously provide sufficient opportunities for two attorneys at the County Attorney’s Office to gain sufficient experience in eminent domain litigation through second chair assignments with outside counsel, for the handling of future assignments when the contract expires. Countywide (DO) 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES

 

1.         Staff recommends motion to approve:

 

A) Standard Agreement No. IA020-9500 for the Older Americans Act (OAA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., for the period January 1, 2020 through December 31, 2020, to provide services in accordance with the terms and conditions specified in this agreement, including all attachments, forms and exhibits, in an amount not-to-exceed $2,342,041, to provide in-home and community based services to seniors; and

 

B) a budget amendment of $590,541 in the Division of Senior Services (DOSS) Administration Fund to align the budget to the actual grant award.

 

SUMMARY: DOSS will provide in-home and community based services to seniors. OAA is funded with $2,342,041 in federal funds, $19,690 in program income and $1,620,396 in County funds. Services are provided to eligible Palm Beach County seniors age 60 and older and their caregivers. The various services preserve the independence of seniors and defer the need for more costly institutions. OAA has several programs that serve seniors. The congregate meals program served 2,049 seniors in Grant Year (GY) 2018 and 1,809 seniors in GY 2019. The home-delivered meals program served 471 seniors in GY 2018 and 361 seniors in GY 2019. The in-home services program served 612 seniors/caregivers in GY 2018 and 533 seniors/caregivers in GY 2019. The number of seniors served is based on the amount of the grant and the need of the clients. The areas of service include all of the districts, excluding portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae Volen Senior Center, Inc. is responsible for providing services in the areas south of Hypoluxo Road. No additional County funds are required. (Division of Senior Services) Countywide, except for portions of Districts 3, 4, 5, and 7 south of Hypoluxo Road. (HH)

 

2.         Staff recommends motion to approve: Amendment No. 2 to contract for Provision of Financial Assistance with The Homeless Coalition of Palm Beach County, Inc. (R2019-0939), to extend the end date from March 31, 2020 to September 30, 2020 and increase the contract amount by $3,800 for a new total contract amount not-to-exceed $135,400, to provide stipends and purchase equipment and supplies for the Parks to Work program participants. SUMMARY: The Homeless Coalition of Palm Beach County, Inc. (Homeless Coalition) will provide stipends to approximately nine homeless individuals that are referred from the Palm Beach County Division of Human & Veteran Services (DHVS) Homeless Outreach Programs: Parks to Work Initiative and Assertive Community Outreach Initiative or any other outreach efforts. The Parks to Work program is designed to assist homeless individuals in the Palm Beach County parks. Individuals targeted are those that have been homeless for extended periods of time with medical, substance, and/or mental health issues that make them unemployable by mainstream employers. Each program participant will earn $10 an hour for six hours per day, five days a week. Participants will receive weekly stipends based on hours worked. The Homeless Coalition will provide equipment and supplies. Since the inception on February 12, 2018, there have been 37 individuals that have participated in the Parks to Work program. Currently, 100% of individuals that participated in the program received mainstream intensive case management, which includes; emergency shelter/housing, medical care, substance abuse treatment, mental health, behavioral health, vocational skills, employment skills, and financial education and 20% of participants have maintained full-time employment outside of the Parks to Work program. Uwe Naujak, an employee of the Homeless Coalition is a member of the Homeless Advisory Board. This board provides no oversight, regulation, management, or policy-setting recommendations regarding the agency contract listed above. Disclosure of this contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section. 2-443, of the Palm Beach County Code of Ethics. (Ryan White Program) Countywide (HH)

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

3.         Staff recommends motion to approve: Amendment No. 2 to contract for Provision of Ryan White Part A HIV Health Support Services with AIDS Healthcare Foundation, Inc., (AHF) (R2018-0370), for the period March 1, 2018 through February 28, 2021, to increase funding in Grant Year (GY) 2019 by $139,487, for a new GY 2019 total of $329,004, for an overall new contract total amount of $847,525, for the provision of improving health outcomes for persons living with HIV. SUMMARY: On September 20, 2019, carryover dollars were awarded from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) to increase the GY 2019 funding for the Ryan White grant. This is a carryover amount, not a new award. Carryover amounts will vary from year to year based on funds that were left over from the prior grant year. The amendment is necessary to allocate the funds, as well as reallocate funds that were swept from agencies that were unable to spend them in designated categories. AHF has served 399 clients and will serve approximately 683 clients through the end of the contract. Kristin Harrington, an employee of AHF is a member of the Palm Beach County HIV Care Council. The Palm Beach County HIV Care Council provides no regulation oversight, management or policy setting recommendations regarding the agency listed above. Disclosure of this contractual relationship at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. No County funds are required. (Ryan White Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

4.         Staff recommends motion to approve: amendments to contracts for Provision of Professional Services with the below-listed agencies, to extend the end date from March 31, 2020 to September 30, 2020, to provide a variety of services to low-income clients:

 

A) Amendment No. 1 with Christians Reaching Out to Society, Inc. (CROS) (R2019-1279), to provide gleaning services, in an amount not-to-exceed $75,000;

 

B) Amendment No. 1 with CareerSource Palm Beach County, Inc. (CareerSource) (R2019-1614), to provide work readiness training services, in an amount not-to-exceed $100,000;

 

C) Amendment No. 1 with Nurse Assistant Training School, Inc. d/b/a Academy for Nursing and Health Occupations (NATS) (R2019-1280), to provide home health aide and nurse assistant training services, in an amount not-to-exceed $96,720; and

 

D) Amendment No. 1 with Gulfstream Goodwill Industries, Inc. (GGI) (R2019-1282), to provide work readiness training services, in an amount not-to-exceed $20,000.

 

SUMMARY: The above agencies are qualified to provide various services for the Community Action Program. Funding is provided by the Community Services Block Grant (CSBG). CROS recruits and coordinates gleaning opportunities through local church, civic and non-profit agencies within the County to develop strong neighborhood relationships, opportunities and support systems. CROS is the only agency (sole source) that provides gleaning services in Palm Beach County. Under the contract, CROS will provide 200,000 pounds of food. A portion of CSBG funds are used to provide training for eligible clients. Qualified clients must be residents of Palm Beach County and meet the Federal Poverty Level Guidelines. Since 1999, the County has collaborated with CareerSource to serve economically disadvantaged residents of Palm Beach County. CareerSource currently provides work readiness and referral services to a minimum of 15 clients, referring those clients to training providers within the industry for selections and enrollment into trades industry training programs. NATS provides home health aide and nursing assistant training services, work readiness training and job placement assistance to qualified clients. GGI provides work readiness training services to eligible clients and assists with developing an employment and training Personal Development Plan. CareerSource, NATS and GGI are important components of the CSBG self-sufficiency program. In 2018, 193 clients were enrolled in self-sufficiency trainings and 83 clients out of 193 completed training. A total of 91 clients obtained and maintained employment for over a 90 day period. Joshua Butler, an employee of GGI is a member of the Homeless Advisory Board. Charles Duval, an employee of CareerSource is a member of the Farmworker Program Advisory Board. Sandra Wright, an employee of CareerSource is a member of the Community Action Advisory Board. These boards provide no regulation, oversight, management, or policy-setting recommendations regarding the agencies listed above. Disclosure of these contractual relationships at a duly noticed public meeting is being provided in accordance with the provisions of Section 2-443, of the Palm Beach County Code of Ethics. No County funds are required. (Community Action Program) Countywide (HH)

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

E.        COMMUNITY SERVICES (Cont’d)

 

5.         Staff recommends motion to approve: the appointment of one new member to the Palm Beach County HIV Comprehensive AIDS Resources Emergency (CARE) Council:

 

 

 

 

Seat No.

Appointment

Term Expires

 

9

Christopher Heath Bish

12/04/20

 

 

SUMMARY: The Palm Beach County HIV CARE Council (HIV CARE Council) nomination process is an open process with publicized criteria and legislatively defined conflict of interest standards. Mr. Bish has successfully completed the HIV CARE Council’s nomination process and the HIV CARE Council recommends the appointment. The total membership for the HIV CARE Council shall be no more than 33 at-large members, per Resolution No. 2011-1560. Mr. Bish will complete the unexpired term for Mr. Paul Lisker. The diversity count for the 21 seats that are currently filled is: African-American: 8 (38%), Caucasian: 8 (38%), Hispanic-American: 4 (19%) and Asian-American: 1 (5%). The gender ratio (female: male) is 13:8. Mr. Bish is Caucasian. Staff conducts targeted outreach in an effort to proffer candidates for appointments that maintain a diverse composition of the board. (Ryan White Program) Countywide (HH)

 

6.         Staff recommends motion to:

 

A) receive and file a Notice of Award (NOA) Grant No. 1 UT8HA33954-01-00 from the U.S. Department of Health and Human Services (DHHS), Health Resources and Services Administration, for the budget period March 1, 2020 through February 28, 2021, in the amount of $850,000, for new services to reduce HIV infections in Palm Beach County by 75%;

 

B) approve a budget amendment of $850,000 in the Ryan White Program (RWP) to align the budget with the actual grant award;

 

C) delegate to the County Administrator or designee signatory authority to establish an Intergovernmental Agreement with the Florida Department of Health-Palm Beach County, to implement the Ending the HIV Epidemic (EHE) initiatives; and

 

D) approve ten full-time equivalent grant-funded positions for the RWP as required by HRSA, including one Program Evaluator (PG 34), one Casework Supervisor (PG 30), one Case Manager II (PG 25),  three Case Manager I (PG 22), three Peer Specialists (PG 15), and one Registration Clerk (PG 13) in the amount of $598,414 annually.

 

SUMMARY: A NOA was received on February 26, 2020 from HRSA issuing new funding as part of a 10-year national initiative to end the HIV epidemic in the US by 2030. This funding award is separate, but complements annual funding received through the federal Ryan White HIV/AIDS Program, and requires new and innovative approaches to the current model of care for persons living with HIV (PLWH).  This funding will support time-limited community outreach, response, and engagement for 2,594 PLWH who are not in care, rapid entry to medical care within 72 hours, and adherence counseling using mobile and wireless technologies for 939 PLWH who are in care, but not virally suppressed. On December 17, 2019, the Board of County Commissioners ratified the Mayor’s signature on the EHE Grant application (R2019-1875). Delegated authority is requested to comply with HRSA timeline requirements, as grant year 2020 begins March 1, 2020. The grant-funded positions will continue through the five-year project period and will be eliminated if funding is discontinued. No County match is required. (Ryan White Program) Countywide (HH)

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS

 

1.         Staff recommends motion to approve:  Amendment No. 6 to the General Consulting Agreement with CH2M Hill, Inc. for Consulting/Professional Services in the amount of $400,389.63 for the continued performance of professional planning and design services related to the approved Palm Beach County Airports Capital Improvement Program.  SUMMARY:  The Consulting Agreement (R2016-0700) with CH2M Hill, Inc. for general airport planning and design was approved on June 7, 2016 in the amount of $1,877,401.43 in order to carry out the approved Capital Improvement Programs for the County’s Airports. Amendment No. 1 was approved by the Board on June 20, 2017 (R2017-0795) increasing the amount of the contract by $2,308,452.97.  Amendment No. 2 was approved by the Board on April 10, 2018 (R2018-0381) for $2,065,542.89 and exercising the first renewal one year option, bringing the total contract value to $6,251,397.29. Amendment No. 3 was approved by the Board on June 19, 2018 (R2018-0898) for $633,859.76, bringing the total contract value to $6,885,257.05.  Amendment No. 4 was approved by the Board on December 4, 2018 for $255,351.01, bringing the total contract value to $7,140,608.06.  Amendment No. 5 was approved by the Board on May 7, 2019 (R2019-0611) for $715,828.32 and exercising the second renewal one year option, bringing the total contract value to $7,856,436.38.  Approval of Amendment No. 6 will provide an additional $400,389.63 to complete the following tasks:  Task I Services – Palm Beach International Airport (PBI) Interior Airfield Service Road Construction Administration (CA) and Quality Acceptance Material Testing Services; Palm Beach County Park Airport (LNA) Southside Redevelopment Program Phase 1 and 2 Supplemental  CA and Re-Design Services; Palm Beach County Glades Airport  (PHK) Runway and Taxiway Rehabilitation Supplemental Design Services; PBI Security Suite Interior Renovation Design, Bidding and Permit Assistance and CA Services; PBI Handrail Replacement Bid and Permit Assistance and CA Services; PBI Feature Signage and Landscaping CA Services;  and Task III Services - Miscellaneous Planning and Engineering Services.  Work to be completed under these Task III Services will be issued in accordance with PPM CW-F-050, by way of a separate proposal or task authorization. CH2M Hill, Inc. is an Englewood, Colorado based firm, however, the majority of the work will be completed and/or managed through their West Palm Beach, Florida office in conjunction with Palm Beach County-based sub-consultant firms. A Disadvantaged Business Enterprise (DBE) goal of 15% was set for this agreement. CH2M Hill, Inc. committed to 21% in their proposal. The anticipated DBE participation based upon the approved tasks is approximately 19%. The current paid to date DBE participation is approximately 13%.  The DBE participation for this Amendment is approximately 15.97%. Countywide (AH)

 

2.         Staff recommends motion to:                                                                                                                                                                                                

A)  receive and file an Award Modification (Modification P00010) of Law Enforcement Officer (LEO) Reimbursement Program Other Transaction Agreement HSTS02-16-H-SLR765 with the Transportation Security Administration (TSA) in the amount of $72,800 for law enforcement services at Palm Beach International Airport in support of the passenger screening operations at the security checkpoints in the terminal; and

 

B)  approve a budget amendment in the Airport’s Operating Fund, for the receipt of $72,800 of funding from the TSA; and an increase to Airport’s Reserve in the amount of $72,800. 

 

SUMMARY: Delegation of authority for execution of the LEO Agreements was approved by the BCC on August 14, 2012 (R2012-1093). Countywide (AH)

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

F.         AIRPORTS (Cont’d)

 

3.         Staff recommends motion to approve:                                                                                                                                                                                                                

A) Change Order No. 14 to the contract with West Construction, Inc. increasing the contract amount by $39,938.65 and increasing the contract time by 190 calendar days for the Southside Redevelopment Phase 1 & 2 at Palm Beach County Park Airport (LNA); and

 

B) a budget transfer of $39,939 in the Airport’s Improvement and Development Fund, including a transfer from Reserves in the amount of $39,939.

 

SUMMARY: The contract with West Construction, Inc. for the Southside Redevelopment Program Phase 1 and 2 at LNA in the amount of $6,353,448.52 and 420 calendar days was approved by the Board on July 11, 2017 (R2017-0935).  Change Orders 1-6, 10 and11 in the amount of $111,894.84 and 131 calendar days were approved under delegated authority as detailed in PPM No. CW-F-050.  Change Orders No. 7 (R2018-0988), No. 8 (R2018-1765), No. 9 (R2019-0036), No. 12 (R2019-0806) and No. 13 (R2019-1150) in the amount of $814,964.74 and 243 calendar days were approved by the Board.  Change Order No. 14 increasing the contract amount by $39,938.65 primarily includes additional work that was not included in the contract but noted during the final inspections by Palm Beach County to meet current code.  It is anticipated that this unit price contract will be decreased by an estimated $147,000 to reflect the as-built quantities at the completion of the project. Approval of the time extension will allow the completion of the additional work, amendment of the site plan required due to the modifications and the processing of new utility easements. The Disadvantaged Business Enterprise (DBE) Goal for this project was established at 11%.  West Construction, Inc. committed to 11.85% participation. The DBE to date participation for this contract is 10%. DBE participation for this change order is 6.21%. Countywide (AH)

 

4.         Staff recommends motion to receive and file:  a license agreement with Sixt Rent A Car LLC (Sixt), commencing October 1, 2019 and expiring October 31, 2019, with automatic month-to-month renewals through September 30, 2022, unless terminated; providing for the use of approximately 26,460 square feet of ground area at the Palm Beach International Airport (PBI) for the overflow parking of vehicles in connection with Sixt’s rental car operations at PBI, for payment of license fees in the amount of $1,764.00 per month. SUMMARY:  Sixt uses property at PBI for overflow parking in support of their rental car operation at PBI.  Delegation of authority for execution of the standard form license agreement was approved by the Board in R2007-2070.  Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff recommends motion to approve: Amendment No. 17 to the continuing Construction Management (CM) contract with Robling Architecture Construction Inc., (R2016-0762) in the amount of $327,070 for Phase 2 of the Southern Regional Water Reclamation Facility Elevator Modernization project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 120 days from notice to proceed.   SUMMARY: The existing elevator is more than 25 years old and the parts are difficult to obtain resulting in high maintenance costs. Approval of Amendment No. 17 consists of modernization improvements to the existing 4-stop hydraulic service elevator, including a new hydraulic pump, controller, car interior and signalization equipment. The changes requested will minimize the need for frequent repairs and lower the overall maintenance cost. On June 21, 2016, the Board of County Commissioners approved the continuing CM contract with Robling Architecture Construction Inc., for construction management services for capital projects under $2,000,000. The continuing CM contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is a SBE. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this Amendment is 11.83%. To date the Construction Manager has achieved 38.84% SBE subcontracting participation under its continuing contract. The CM is a Palm Beach County business. The funding source for this project is the Water Utilities Department Operation & Maintenance Fund. (Capital Improvements Division) District 5 (LDC)

 

2.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 1 to the continuing design contract with Architecture Green LLC (Consultant) (R2019-1898) in the amount of $129,925.90 to provide design services for the Wellington Library Renovation and Chiller Replacement project located at 1951 Royal Fern Drive, Wellington. SUMMARY:  CSA No. 1 to the continuing contract authorizes architectural, electrical and structural engineering design services to renovate the Wellington Library and replace the 120 ton chiller. CSA No. 1 includes, but is not limited to: design services for painting, designing new interior spaces, new flooring, relocating the public computer workstations along with the associated power and data supply and replacement of the existing 120 ton chiller, which is at the end of its service life. The solicitation for the continuing design contract was advertised according to the Equal Business Opportunity Ordinance, with final selection taking place on November 8, 2019. The Goal Setting Committee established an Affirmative Procurement Initiative for this continuing contract of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal. SBE participation on this CSA is 95.2%. To date the overall SBE participation on this continuing contract is 95.19%. The prime consultant is a certified SBE. The Consultant is a Palm Beach County Business. The funding source for this project is the Library Expansion Program. (Capital Improvements Division) District 6 (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

3.         Staff recommends motion to approve: Consultant Services Authorization (CSA) No. 2 to the continuing design contract with Architecture Green LLC (Consultant) (R2019-1898) in the amount of $122,040.40 to provide design services for the Lantana Library Renovation project located at 4020 Lantana Road, Lake Worth.  SUMMARY:  CSA No. 2 to the continuing contract authorizes architectural, structural engineering, electrical and low voltage design services to renovate the interior of the Lantana Library. CSA No. 2 includes design services for exterior painting and weatherproofing, new flooring, renovating the restrooms, designing and modifying new interior spaces, and relocating the public computer workstations along with the associated power and data supply. The solicitation for the continuing design contract was advertised according to the Equal Business Opportunity Ordinance, with final selection taking place on November 8, 2019. The Goal Setting Committee established an Affirmative Procurement Initiative for this continuing contract of a mandatory 20% Small Business Enterprise (SBE) subcontracting goal. SBE participation on this CSA is 95.2%. To date the overall SBE participation on this continuing contract is 95.2%. The prime consultant is a certified SBE. The Consultant is a Palm Beach County Business. The funding source for this project is from the Library Expansion Program Fund. (Capital Improvements Division) District 3 (LDC)

 

4.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the City of Ft Lauderdale (Municipality), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Municipality for a period of five years from March 17, 2020 through March 16, 2025.  SUMMARY:  This Agreement provides the terms and conditions under which the Municipality can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement terminates and replaces the Interlocal Agreement (R2008-0758) between County and Municipality, amended by First Amendment R2014-0593, and by Second Amendment R2018-1003, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies. The County’s System will not be utilized for routine operational communications by the Municipality. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Municipality is required to pay all costs associated with Municipality’s subscriber units and to comply with the established operating procedures for the County’s System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

5.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Health Care District (Participant), allowing for interoperable communications through the countywide common talk groups of the County’s Public Safety Radio System (County’s System) to the Participant for a period of five years from March 17, 2020 through March 16, 2025. SUMMARY: This Agreement provides the terms and conditions under which the Participant can program into its radios and utilize the countywide common talk groups for certain types of inter-agency communications. This Agreement terminates and replaces the Interlocal Agreement (R2002-0548) between County and Participant, amended by First Amendment R2006-2428, by Second Amendment R2012-0494 and by Third Amendment R2017-0638, and adds the procedure to be followed to obtain a Federal Shared Encryption Key for direct radio interoperability with Federal Agencies. The County’s System will not be utilized for routine operational communications by the Participant. The terms of the Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies and ambulance service providers with 800 MHz trunked radio capabilities. There are no charges associated with this Agreement. The Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the County’s System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause, upon ten days prior written notice to the other party. (ESS) Countywide (LDC)

 

6.         Staff recommends motion to approve: an Interlocal Agreement (Agreement) with the Village of Palm Springs (Participant) for radio maintenance services from March 17, 2020 through March 16, 2025. SUMMARY: The Agreement provides for the provision of radio equipment maintenance services to the Participant, by Facilities Development & Operations/Electronic Services & Security Division (FDO/ESS). The Agreement terminates Interlocal Agreement R2017-0641 between the County and the Participant. The services are to be charged on an hourly basis at a cost of $65/hr/person and $97.50/hr/person for overtime work.  In the event that the County must out-source the labor, a separate labor rate is provided. The rates may be adjusted annually with notification by June 1 (effective that following October 1) at the County’s sole discretion, but in no event shall the Participant’s fee schedule exceed the fee schedule applied to County departments. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. The Agreement may be terminated by either party, with or without cause with a minimum of three months’ notice. (ESS) Countywide (LDC)

 

7.         Staff recommends motion to approve: an Amended and Restated Interlocal Agreement (Agreement) with the Village of Palm Springs (Participant) to allow for direct access to the County’s Public Safety Radio System (System) to the Participant for a period of five years from March 17, 2020 through March 16, 2025. SUMMARY:  This Agreement provides the terms and conditions under which the Participant can directly access the System. This Agreement terminates and replaces Interlocal Agreement (R2017-0166) between County and Participant. The terms of this Agreement are standard and have been offered to all municipalities and local branches of state and federal agencies where connection through an established municipal hub is not technically feasible. The Participant has been interoperable with the County’s System since 2003. The annual fees are consistent with those being charged to County Departments. In addition, the Participant is required to pay all costs associated with Participant’s subscriber units and to comply with the established operating procedures for the System. This Agreement provides for an initial term of five years with two renewal options, each for a period of five years. This Agreement may be terminated by either party, with or without cause on October 1st of any year, with a minimum of six months’ notice. (ESS) Countywide (LDC)

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

H.        FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)

 

8.         Staff recommends motion to approve: Amendment No. 19 to the continuing Construction Management (CM) contract with Robling Architecture Construction Inc., (R2016-0762) in the amount of $1,420,461.43 for the Water Utilities Department (WUD) Customer Service Remodel project establishing a Guaranteed Maximum Price (GMP) for Construction Management Services for a period of 180 days from notice to proceed.  SUMMARY: The existing customer service lobby is outdated and no longer meets the needs of the WUD Customer Services Division. Amendment No. 19 consists of remodeling the existing call center area, including but not limited to, new workstations, office layout, lobby entry, conference room, renovations to the public restroom, acoustical improvements to the customer service lobby, and improvements to the electrical and heating, ventilation and air conditioning (HVAC) systems. The changes will improve the overall customer experience and provide for a modern and efficient work area. On June 21, 2016, the Board of County Commissioners approved the continuing CM contract with Robling Architecture Construction Inc. for construction management services for capital projects under $2,000,000.The continuing CM contract was awarded pursuant to the Small Business Enterprise (SBE) ordinance; but this GMP, having been initiated after January 1, 2019, is subject to the requirements of the Equal Business Opportunity ordinance. The Construction Manager is a SBE. The continuing CM contract was presented to the Goal Setting Committee on February 20, 2019 and an Affirmative Procurement Initiative of 20% SBE participation was applied to the contract. SBE participation on this amendment is 33.49%. To date the Construction Manager has achieved 37.75% SBE subcontracting participation under its continuing contract. The Construction Manager is a Palm Beach County business utilizing all local subcontractors. The funding source for this project is from the Water Utilities Department Operation & Maintenance Fund. (Capital Improvements Division) District 3 (LDC)

 

 

K.        WATER UTILITIES

 

1.         Staff recommends motion to approve: Work Authorization (WA) No. 1 to the Continuing Contract for Wastewater Gravity Lines and Manhole Rehabilitation (Contract) with Hinterland Group Inc., (Hinterland) for the Gravity Main and Manhole Rehab (Project) in the amount of $1,225,047.61. SUMMARY: On February 5, 2019, the Board of County Commissioners approved the Water Utilities Department (WUD) Contract (R2019-0216) with Hinterland. WA No.1 provides for the rehabilitation of approximately 31,000 linear feet of existing wastewater gravity pipelines located within Boca Raton, FL. The required work will include cleaning of the gravity sewer pipelines and manholes, video inspection, and rehabilitation of the pipelines and manholes where necessary. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018. The SBE participation goal established under the 2002 Ordinance was 15% overall participation. The Contract provides for 91.845% SBE participation. WA No. 1 includes 100% SBE participation.  The cumulative SBE participation including WA No.1 is 100%. Hinterland is a Palm Beach County company. The project is included in the WUD FY20 Budget (WUD Project 20-012) Districts 2, 4 & 5 (MJ)

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

K.        WATER UTILITIES (Cont’d)

 

2.         Staff recommends motion to approve: Amendment No. 3 to the System-Wide Wellfield Maintenance for Palm Beach County Water Utilities Department (WUD) (Contract) with Aquifer Maintenance and Performance Systems, Inc., (AMPS) to renew for an additional 12-month period and to increase the Contract amount by $300,000 to $1,989,076. SUMMARY: On March 14, 2017 the Board of County Commissioners approved the Contract (R2017-0315) with AMPS in the amount of $1,189,076. On January 23, 2018, Amendment No. 1 (R2018-0075) to the Contract renewed the Contract for an additional 12-month period. On February 5, 2019, Amendment No. 2 (R2019-0217) to the Contract renewed the Contract for an additional 12-month period and increased the Contract by $500,000 to $1,689,076. WUD has undertaken a total of $1,236,918.40 of authorized maintenance work under the Contract through December 31, 2019. Historically, WUD has spent approximately $412,000 annually to maintain the existing wellfields. An increase of $300,000 is required for the continuation of maintenance which shall include replacement of associated pumps and motors reaching the end of life expectancy. The requested amount shall increase contract funding to $1,989,076. The proposed 12-month renewal and increase of funds will allow for the continuation of system-wide wellfield maintenance to maintain adequate raw water supply to WUD’s water treatment plants. The renewal of the Contract does not guarantee nor authorize any work.  Work will be assigned during the 12-month renewal period by formal Construction Delivery Orders (KDO) drawn against the Contract with the project cost identified on each KDO.  The unit prices contained in the Contract will be used in determining the cost of the KDOs. This Contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2002-0064) prior to the adoption of the new Equal Business Opportunity Ordinance on October 16, 2018.  The SBE participation goal established under the 2002 Ordinance was 15% overall participation.  WUD staff coordinated with the Office of Equal Business Opportunity to confirm that the proposed renewal was consistent with the principles of the Equal Business Opportunity Ordinance. The Contract provides for 0% SBE participation; however, AMPS has since been certified as an SBE for the provision of well services, including drilling, plugging, consulting, maintenance and repair. AMPS is a Palm Beach County company. (WUD Project No. 16-001/VMG) Countywide (MJ)

 

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT 

 

1.         Staff recommends motion to:

 

A) receive and file the Florida Department of Agriculture and Consumer Services (FDACS) Amendment to State Financial Assistance Recipient Agreement No. 026501 (Agreement) and Annual Certified Budget Amendment which increases the Arthropod Control Budget from $41,645.44 to $47,310 for contract period December 1, 2019 to September 30, 2020; and

 

B) approve a budget amendment of $5,664 in the State Mosquito Fund to align the budget with the additional grant award amount.

 

SUMMARY:  On December 17, 2019, the Board of County Commissioners (County) approved the Agreement (R2019-1909) to provide mosquito control activities including source reduction measures, public education, personnel training and certification, mosquito population surveillance, and other measures as approved by FDACS. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with the Agreement was approved at that time. On January 14, 2020, FDACS approved an increase in the Arthropod Control Budget to a new not to exceed amount of $47,310.  In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants must be submitted by the initiating department as a receive and file agenda item. A 25% County match is required. Countywide (SS)

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

2.         Staff recommends motion to:

 

A) accept a State of Florida Department of Environmental Protection (DEP) purchase order of $72,344 for the expansion of a closed system, land-based coral nursery, beginning on March 17, 2020 and expiring June 30, 2020;

 

B) approve a budget amendment of $72,344 in the Environmental Resources Capital Projects Fund to recognize the revenue from DEP;

 

C) approve an agreement with Healthy Aquatics Marine Institute of Florida Inc., DBA The Reef Institute, a not-for-profit entity, for cost reimbursement relating to the Coral Nursery Expansion Project (Project) for an amount not to exceed $65,767 beginning on March 17, 2020 and expiring June 30, 2020; and

 

D) authorize the County Administrator or designee to sign all future time extensions, task assignments, certifications, and other forms associated with this agreement and purchase order, and any necessary minor amendments that do not substantially change the scope of work, terms, or conditions of the agreement and purchase order.

 

SUMMARY:  In response to the Stony Coral Tissue Loss Disease moving through the Florida Reef Tract, the Florida legislature appropriated funds to DEP to combat the disease and start restoration efforts. DEP identified The Reef Institute as a not-for-profit entity that could expand their current coral nursery to accept and grow additional corals for State led restoration efforts. DEP is authorized to disburse these funds to local governments and agencies for the purpose of coral nursery creation and expansion via a purchase order. The DEP purchase order will fund $65,767 of the Project costs plus $6,577 in County administration costs, and the County will act as the pass through agency to The Reef Institute. District 7 (SS)

 

3.         Staff recommends motion to receive and file: Task Assignment Change Order No. 1 to the State of Florida, Department of Environmental Protection (FDEP) Amended and Restated Contract No. GC913 (R2018-1206), Task Assignment No. GC913-3, provides an increase of state funding for variable inspections of petroleum storage tanks in the amount of $40,000, and for training travel in the amount of $1,075. SUMMARY:  The County has performed petroleum storage tank compliance services under a series of contracts with FDEP since 1988. Task Assignment Change Order No. 1 provides an increase of the contract total by $41,075 from $486,147 to $527,222 to cover program costs that exceeded estimates for variable inspections and training travel. Delegated authority to sign all future time extensions, task assignments, certifications, and other forms associated with this Contract was approved June 12, 2018. In accordance with County PPM CW-O-051, all delegated contracts/agreements/ grants must be submitted by the initiating department as a receive and file agenda item. Countywide (SS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

L.        ENVIRONMENTAL RESOURCES MANAGEMENT (Cont’d)

 

4.         Staff recommends motion to:

 

A)  adopt a resolution authorizing the Clerk of the Court to transfer $110,000 from the Pollution Recovery Trust Fund (PRTF) to continue the Native Canopy Education Program (Program) and waive the prohibition to use PRTF funds for operations; and

 

B) approve a budget transfer of $110,000 from the PRTF to the Program.

 

SUMMARY: In 2014, the Program took the place of enforcement activities for the preservation and protection of native vegetation on single family lots greater than 2.5 acres that were required under the County’s Unified Land Development Code. This resolution authorizes the transfer of $110,000 from the PRTF for the continuation of the Program managed by the County Cooperative Extension Service Department. Funding will provide for an on-call program assistant, the creation and presentation of educational materials to residential property owners, and native tree voucher/tree giveaways at select events to enhance public understanding about the preservation of native vegetation canopy and promote efficient use of water and energy in residential landscapes. This resolution allows for the PRTF to be used for operational expenses. Countywide (SS)

 

 

S.        FIRE RESCUE 

 

1.         Staff recommends motion to approve: the appointment of four members to the Regional Hazardous Materials Oversight Committee for the term beginning on March 17, 2020 through March 16, 2023.

 

Appointment                Seat No.           Nominated By:

Nominee

 

Michael Geier                1                      Palm Beach County Division of Emergency Management

Drovica Gosein             2                      Department of Health, Palm Beach County

Shon Broedell               4                      Fire Chiefs Association of Palm Beach County

Robert Madden             5                      Solid Waste Authority of Palm Beach County

 

 

SUMMARY:  The Regional Hazardous Materials Oversight Committee is established in Section 11‑130, Palm Beach County Code. Appointments to this five member committee are for three year terms, and members may serve no more than three consecutive three year terms.  The committee is comprised of members from specific areas of representation.  Michael Geier, Drovica Gosein, Shon Broedell and Robert Madden have been nominated by their respective areas of representation. The four nominated candidates consist of a diversity count of Hispanic‑American: 1 (25%) and Caucasian: 3 (75%), and a gender ratio of (male:female) 3:1. The vacant Seat 3 member is to be nominated by Palm Beach County League of Cities. Countywide (SB)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

X.        PUBLIC SAFETY

 

1.         Staff recommends motion to:

 

A) approve a Memorandum of Agreement (MOA) for Support Services for Emergency Distribution of Strategic National Stockpile with the Florida Department of Health (DOH) to establish a closed Point of Dispensing (POD) under the United States Department of Health, Cities Ready Initiative (CRI) program beginning upon execution and remain in effect until otherwise agreed by the parties; and

 

B) authorize County Administrator or designee to execute and approve amendments with the DOH for the above mentioned services. 

 

SUMMARY: Through the CRI, state and large metropolitan county health departments develop plans for delivering medical countermeasures in response to a large-scale bioterrorist event within 48 hours. The DOH wishes to collaborate with Palm Beach County to enhance its ability to respond to a catastrophic biological incident or other communicable threat of epidemic proportion.  This MOA delineates responsibility of the DOH and the County, for activities related to the prophylaxis for the County’s personnel that are activated and their immediate family members, under the CRI in the event of a nuclear, biological, or chemical emergency, catastrophic biological incident, or other communicable threat of epidemic proportion. DOH will provide the resources and training needed to supply a closed POD for County personnel that are activated.  The continuity of operations is more likely when essential personnel are available to report and carry out their duties. While the majority of the population will be directed to open PODs established for the general public to receive medications, the County’s activated personnel will report to this closed POD established specifically for County’s personnel that are activated and their immediate family members to receive their doses.  Countywide (LDC)

 

2.         Staff recommends motion to:

 

A) receive and file the Emergency Medical Services (EMS) County Grant ID Code C8050 Award Letter from the State of Florida Department of Health, Bureau of EMS to improve and expand the EMS system for the period December 26, 2019 through December 18, 2020, in the amount of $155,993; and

 

B) approve a downward budget amendment of $4,796 in the EMS Grant Fund to adjust the budget to reflect the actual grant award of $155,993.

 

SUMMARY:  The EMS County Grant (CSFA #64.005) is an annual grant provided to Palm Beach County from the Florida Bureau of EMS, to improve and expand the EMS system.  The funds are used to purchase EMS equipment which is distributed to EMS providers and other agencies that are eligible for EMS grant funding. On November 19, 2019, R2019-1801 authorized the County Administrator to sign the FY2019-2020 annual EMS county grant application. No county matching funds are required for this grant. Countywide (LDC)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

Z.        RISK MANAGEMENT 

 

1.         Staff recommends motion to approve: renewal of the excess property, excess liability, and excess workers’ compensation insurance programs for the period April 1, 2020 through March 31, 2021 purchased under Contract No. 15-050/LJ through the County’s contracted broker, Arthur J. Gallagher Risk Management Services, Inc., at a total cost not-to-exceed $11,415,154. SUMMARY: The projected 2020-2021 excess insurance program renewal premiums reflect a total not-to-exceed cost of $11,415,154, which is a 12% increase over the expiring premium.  While the County’s loss experience has remained stable, the insurance industry has responded to numerous catastrophic events resulting in substantial losses. As a result, rate increases are being assessed on most lines of coverage, regardless of the County’s loss experience. The current estimated premiums represent the highest price point.  The contracted broker will continue to negotiate with excess carriers until the April 1st renewal date. The County’s total insurable property value currently stands at $2.6 billion. Coverage limits contemplate probable maximum loss estimates using various modeling scenarios and include a $1 million self-insured retention with a 4% windstorm deductible per insured location. The program also includes $5 million of excess liability insurance and excess workers’ compensation insurance covering all costs in excess of $2 million per occurrence. All state mandated surcharges and assessments are included within the estimated cost. Sufficient funds are budgeted for this coverage. Countywide (HH)

 

 

BB.     YOUTH SERVICES

 

1.         Staff recommends motion to:

 

A) approve an Agency Affiliation Agreement with Florida Atlantic University Board of Trustees (University) for one year, effective upon approval of the parties, with three automatic one-year renewal options, for its students to complete planned and supervised clinical experiences required for a Master’s or Doctoral degree, at various Youth Services Department facilities, with no additional cost to the County; and

 

B) authorize the County Administrator or designee to execute any future agreements/ minor amendments with Florida Atlantic University Board of Trustees to provide clinical supervision to students seeking training and experience in graduate programs of psychology, social work or other related fields. 

 

SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division continues to be an authorized counselor training facility for many state colleges and universities offering degrees in graduate programs of psychology, social work or other related fields of educational study. Master’s/Doctoral Degree programs require field education experience to meet degree and licensing requirements. The County will continue to offer its services and programs as a means for students to obtain the necessary training and experience to earn their respective degree. There are no costs associated with this agreement. Approval of the delegated authority will allow the County Administrator or designee to execute any future agreement/minor amendments with the University, for supervised clinical field educational experience. Pursuant to PPM# CW-F-049, the Board is notified that standard indemnification provisions are not included in this agreement as both FAU and the County are protected by sovereign immunity and FAU students will be covered by the negotiated contractual insurance provision, and there is limited risk of loss.  This alternate language has been approved by both the County Attorney and Risk Management. Countywide (HH)

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

B.        YOUTH SERVICES (Cont’d)

 

2.         Staff recommends motion to approve:

 

A) a Community Based Agency Contract with Digital Vibez, Inc., for the period March 17, 2020 through September 30, 2020, in an amount not to exceed $138,750 for the Wellness Workshop and Fitness Jamz Program; and

 

B) a budget transfer of $138,750 in the General Fund from the Head Start Match reallocation (Unit 1451) for evidence-based/promising programming to fund the cost associated with this contract.

 

SUMMARY: The Wellness Workshop and Fitness Jamz Program (Program) is designed to combat childhood obesity. Over the Contract period, the Program will serve a projected 750 youth ages 5 – 12 at a number of out-of-school and summer camps in high-need communities throughout Palm Beach County. The Program is an eight-week session that will cover: dance; health education; nutrition; music; and physical education, and will end with the Fitness Jamz Family Night event, which is focused on parental engagement, and provides an opportunity for youth participants to showcase their accomplishments and hard work to their families and caregivers through an educational and physical engagement event. The Fitness Jamz Family Night event also receives partial funding from Prime Time Palm Beach County to assist with a portion of these events expenses. In addition, the agency holds an annual KidsFit Jamathon.  The Jamathon is a three-hour fitness event, where approximately 3,000 youth celebrate their accomplishments and gain additional resources to help them sustain a healthy lifestyle. This contract includes a logic model and reporting measurements specific to the agency and the work performed.  After completion of the contract period, a report will be developed detailing the agency’s progress in meeting their performance measurements. Approval of this agenda item is contingent upon Board approval of the Office of Financial Management & Budget’s March 17, 2020, agenda item for balances brought forward. Countywide (HH)

 

 

CC.     SHERIFF

 

1.         Staff recommends motion to:

 

A) accept on behalf of the Palm Beach County Sheriff’s Office, Grant Modification Notices 8 and 9 with the U.S. Department of Homeland Security, Transportation Security Administration (TSA), to provide $42,084 in supplemental funding; and to extend the contract agreement from January 1, 2020 through February 29, 2020; and

 

B) approve a budget amendment of $42,084 in the Sheriff’s Grants fund.

 

SUMMARY: The Board of County Commissioners accepted this grant for $1,010,000 on May 17, 2016 (R2016-0670) to fund five Canine Teams at the Palm Beach International Airport (PBIA) through TSA’s National Explosives Detection Canine Team Program (NEDCTP). The contract period was for four years commencing on January 1, 2016 through December 31, 2019.  Grant Modifications 8 and 9 provide $42,084 in additional funding to offset the costs of the five Canine Teams at PBIA.  Grant Modifications 8 and 9 also extend the contract from December 31, 2019 through February 29, 2020.  The purpose of the TSA NEDCTP Program is to provide enhanced security at the PBIA to promptly respond to threats and suspected explosive devices which affect air carrier operations. There is no match requirement associated with this award. No additional positions are needed and no additional County funds are required. Countywide (LDC)

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

2.         Staff recommends motion to approve: a budget transfer of $115,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO).  SUMMARY: Section 932.7055(5), Florida Statutes; provides that the seizing agency shall use forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. Section 932.7055(5), Florida Statutes; also requires that no less than 25% of the LETF’s previous year’s revenues be used for the support or operation of drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs of various non-profit organizations. The PBSO’s FY 2020 donation requirement is $240,941. The PBSO’s support of these programs exemplifies its strong commitment to the prevention and reduction of crime throughout the communities it serves and its desire to put money back into these communities to support organizations that provide such services. The year-to-date transfer for all donations to outside organizations after approval of this item is $513,888.  The funds requested are to aid PBSO and qualified organizations that meet the requirements set forth in Section 932.7055(5), Florida Statutes. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $2,346,159. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $2,231,159.  The PBSO certifies that the use of these funds is in accordance with Section 932.7055(5), Florida Statutes.  Below is a table indicating the organizations the PBSO seeks to fund and the corresponding amount of funding proposed per respective organization or agency.  No new positions are needed and no additional County funds are required. Countywide (LDC)

 

ORGANIZATION

AMOUNT

Child Protection Team of Palm Beach, Inc.

 $15,000

Children's Case Management Organization, Inc.

 $5,000

Club 100 Charities, Inc.

 $5,000

Eat Better Live Better, Inc.

 $15,000

GBDC Entrepreneurship Institute, Inc.

 $10,000

Meals on Wheels of the Palm Beaches, Inc.

 $15,000

Palm Beach Area Tennis Patrons, Inc.

 $25,000

Palm Beach County PAL, Inc. - Youth Summit

 $15,000

YWCA of Palm Beach County, Inc.

 $10,000

 

 

Total Amount

$115,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

3.         CONSENT AGENDA APPROVAL

 

CC.     SHERIFF (Cont’d)

 

3.         Staff recommends motion to approve: a budget transfer of $900,000 from the Law Enforcement Trust Fund (LETF) to the Palm Beach County Sheriff’s Office (PBSO) to be used for the FY2020 match for the 2017 COPS Hiring Program grant. SUMMARY: Section 932.7055(5), Florida Statutes, provides that the seizing agency shall use forfeiture proceeds for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators, and providing matching grant funds. The funds requested will be used for the FY2020 match for the U.S. Department of Justice Office of Community Oriented Policing Services 2017 COPS Hiring Program grant. Use of LETF requires approval by the Board, upon request of the Sheriff.  The current State LETF balance is $2,231,159. Approval of this request will reduce the State Law Enforcement Trust Fund balance to $1,331,159.  The PBSO certifies that the use of these funds is in accordance with Section 932.7055, Florida Statutes. No new positions are needed and no additional County funds are required. Countywide (LDC)

 

 

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MARCH 17, 2020

 

 

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

 

A.        OFFICE OF FINANCIAL MANAGEMENT & BUDGET

 

1.         Staff recommends motion to approve: budget amendments and transfers in various funds reflecting adjustments for balances brought forward, other revenues, reserves and operating expenses.  The total of the adjustments is an increase of $115,327,997 in 158 funds. SUMMARY: These budget amendments and transfers are necessary to adjust FY 2020 budgets to reflect differences between actual and estimated revenues and expenditures of FY 2019. These amendments adjust the balances brought forward, various revenue, expenditure, and reserve accounts to their audited balances. The proposed adjustments include $27,993,127 additional reserves in the General Fund. The adjustment is a result of:

 

·                     $15,307,208 net increase in revenues, excess fees and commission refunds from Constitutional Officers and Judicial: Sheriff’s Office $5,097,330, Clerk and Comptroller $291,983, Supervisor of Elections $113,597, Tax Collector $8,777,662, Property Appraiser $936,584, Judicial $90,051;

 

·                     $9,664,209 BCC department expenditures less than and revenues greater than originally estimated;

 

·                     $233,885 in other agencies i.e. Commission on Ethics, Health Department, General Government, etc. expenditures and revenues greater than originally estimated, and

 

·                     $2,600,453 in major and other revenues greater than estimated.

 

FY 2021 budget projections currently assume these additional reserves will be carried forward to balance the annual budget. Countywide (DB)

 

 

 

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MARCH 17, 2020

 

 

5.         REGULAR AGENDA

 

A.        PARKS & RECREATION

 

1.         Staff recommends motion to approve: 

 

A) a first amendment to Lease Agreement (R2018-0121) with the City of Palm Beach Gardens (City) to include additional language regarding non-discrimination and revenue sharing; and

 

B) a Public Private Partnership Sublease Agreement, as amended by Amendment No. 1, between the City and the Palm Beach North Athletic Foundation, Inc. (Foundation) for the development, construction and operation of an Indoor Recreational Facility at the Gardens North County District Park (Park).

 

SUMMARY:  On January 23, 2018, the Board approved a 50-year lease agreement with the City for the construction and operation of a district park on 81.7 acres that serves the residents and visitors of northern Palm Beach County. The first phase of the park, which was opened to the public on June 29, 2019, included five lighted multipurpose fields, a restroom/concession building, a playground, splash pad, and associated infrastructure. All elements identified as Phase 1 in the lease agreement have been completed and are open to the public. A majority of the elements identified as Phase 2 in the lease agreement, including two lighted multipurpose fields, an open play area, a restroom, playground nature trails and related infrastructure have also been completed and are open to the public. The only element identified in Phase 2 of the approved master plan that has yet to be constructed is an indoor sports center.  The City received inquiries from various private groups interested in developing and operating an indoor recreational facility under a public-private partnership. The City secured responses from qualified proposers for the design, construction, operation and maintenance of an indoor facility through a publicly advertised RFP process. The Foundation was the only responsive and responsible proposal that was received. The Foundation’s proposal calls for the development, construction and operation of a 200,000 square foot indoor recreation facility. Amenities identified within the facility include two ice rinks, six multi-sport courts, five multipurpose rooms, squash courts, a jogging track, children’s play area, fitness area and concession/restaurant. Construction is expected to commence within 18 months of agreement execution. The fundraising plan requires the project to be fully funded by May 31, 2023, and construction completed by December 31, 2028. The public-private partnership is supported by the nine surrounding municipalities in the North County area and have submitted letters of support. The original lease agreement was executed under the assumption that the City would construct the indoor sports facility; therefore, no language regarding the sharing of sublease revenue was included.  A provision has been added to Section 2 of the lease agreement stating that the County will share any revenue that exceeds the City’s annual maintenance cost for the park. Section 4.07 of the lease agreement was also modified to include the County’s latest non-discrimination policy. District 1 (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

5.         REGULAR AGENDA

 

B.        AIRPORTS

 

1.         Staff recommends motion to adopt: a resolution approving the submittal of an application for entry of the North Palm Beach County General Aviation Airport into the Federal Contract Tower (FCT) Program; and authorizing the County Administrator or designee to execute and submit all forms, applications and other documentation necessary for the North Palm Beach County General Aviation Airport to be considered for entry into the FCT Program. SUMMARY: This resolution approves the submittal of an application for North Palm Beach County General Aviation Airport (F45) to be entered into the FCT Program. As part of the First Addendum to the Interlocal Agreement (R2016-0468) with the City of Palm Beach Gardens (Interlocal Agreement), the County agreed to apply to the Federal Aviation Administration (FAA) for construction of an air traffic control tower at F45 upon completion of an extension to the crosswind runway (Runway 14/32) from 4300 feet to 6000 feet in length. The County has initiated an Environmental Assessment (EA) required under the National Environmental Policy Act (NEPA), which is required to receive approval to construct the runway extension.  In order to ensure timely compliance with the requirements of the Interlocal Agreement, the Department of Airports recommends submitting an application to the FAA pending completion of the EA due to the lengthy process involved in obtaining approval into the FCT Program.  This resolution also provides for a delegation to the County Administrator or designee to execute and submit all forms, applications and other documentation necessary to apply for entry into the FCT Program. For purposes of this delegation, the Director of Airports is considered a designee of the County Administrator. Countywide (AH)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

 

5.         REGULAR AGENDA

 

C.        PALM TRAN

 

1.         Staff recommends motion to approve: the Fare Collection System contract with Genfare, a Division of SPX Corporation, in the amount of $10,912,988.64, effective March 17, 2020 for a ten year term with two three year options for renewal. SUMMARY: On May 15, 2019, Palm Tran issued a Request for Proposal (RFP) for a new Fare Collection System (FCS) for its Fixed Route Bus Services.  Palm Tran received two proposals to the RFP. Genfare was selected as the successful bidder for the installation of the new FCS. Genfare will be responsible for all services, labor, supervision, materials, documentation, development, installment, testing and training of a fully integrated FCS that supports and facilitates Palm Tran’s business operation.  The capital funding for this project is being provided through the Palm Beach County Transportation Planning Agency (TPA) and the Federal Transit Administration (FTA) Section 5307 Formula grant. The total contract amount is $10,912,989 which consists of a base cost of $6,358,771 for the system equipment and installation. The contract includes on-going Operations and Maintenance support costs for ten years, $84,048 for the first year’s cloud hosting, with two optional three year extensions, totaling $4,466,804 if all 16 years are utilized. The Disadvantaged Business Enterprise (DBE) participation percentage of this contract is 6.3%. The contract contains an indemnification provision that differs from the County’s standard requirements.  In accordance with PPM CW-F-049, the Department of Risk Management and the County Attorney’s Office have negotiated with Genfare and agreed to limit Genfare’s indemnification to the County to the extent arising out of Genfare’s negligent, reckless, intentional, malicious or wrongful acts or omissions.  The contract also contains a limitation of liability for Genfare at an amount not-to-exceed of $16,280,661.  The new, state-of-the-art FCS will provide Palm Tran with 165 new validating fareboxes, 22 ticket vending machines, 6 agency point of sale machines, testing/maintenance/training equipment and back office software that supports account-based sales, mobile applications, inventory management, revenue management and website purchases. It will also include 600 retailers within the point of sell network, those of which will be dispersed geographically across Palm Beach County to ensure accessibility. The FCS will also allow interoperability with the South Florida region, including, but not limited to Broward County Transit, Miami-Dade Transit and South Florida Regional Transit Authority (Tri-Rail), which will foster a more efficient transfer between systems. Palm Tran is scheduled to complete the installation of 165 fareboxes and 22 ticket vending machines in August 2020. The implementation of mobile ticketing and retail outlet sales will follow in September 2020. Additionally, fare capping, fully functional account based set-up will be implemented by September 2020. All open payment options (i.e. contactless credit/debit cards, Apple Pay and Google Pay) will be implemented the first quarter of 2021. Fare capping will ensure the rider never pays more than the lowest fare structure for a particular period of time. The new FCS will assist Palm Tran with implementing a Regional Interoperability program by Fall 2020.  The contract requires a separate payment processing agreement to be brought back to the BCC for execution.  If the payment processing agreement cannot be negotiated within 90 days from execution of this contract, the Executive Director of Palm Tran is authorized to extend the 90 day time period to continue negotiating the payment processing agreement. Countywide (DR)

 

 

 

 

 

 

 

 

 

 

 

 

 

MARCH 17, 2020

 

5.         REGULAR AGENDA

 

D.        FACILITIES DEVELOPMENT & OPERATIONS

 

1.         Staff requests board direction: regarding a Second Modification and Restatement of Deed Restrictions on approximately 6.144 acres of property previously donated by the County to the Elizabeth H. Faulk Foundation, Inc. (Foundation). SUMMARY:  The Elizabeth Faulk H. Foundation, Inc. was organized in 1971 as a Florida not-for-profit corporation with the charitable purpose of “providing free psychological and consultation services to the needy”.  In 1979, the County conveyed approximately 10 acres of land located on the West side of Boca Rio Road just north of S.W. 8th Street to Foundation.  The Foundation constructed a 13,000 SF building on roughly four acres of the property in which it operates its Faulk Center for Counseling. In 2013, Foundation was approached by a developer who proposed to develop a 96 unit/117 bed senior assisted living facility on the remaining undeveloped six acres of the property.  The developer proposed a complicated financial and organizational structure which would create a revenue stream for Foundation and would provide Foundation the opportunity to provide Alzheimer’s and memory care services to elderly residents in the Assisted Living Facility (ALF).  This financial structure involved tax exempt bond financing and required modification of the deed restrictions.  In 2014, the County modified the deed restrictions to release the County’s reverter; restrict use of the property to: i) mental health counseling and rehabilitation of the mentally ill; and ii) the development, use and operation of a senior living facility with assisted living units accommodating approximately 117 assisted living beds providing memory care services; allow for conveyance of the property to an affiliate of Foundation; and allow the property to be mortgaged for purposes of securing financing. Unfortunately, the developer seriously miscalculated the construction costs of the project, and walked away from the project after the bonds were issued but prior to commencement of construction, which resulted in foreclosure of the mortgage on behalf of the bondholders by PJPF Holdings, LLC (PJPF) and the Foundation’s loss of approximately six acres. As a result of foreclosure of the mortgage, the property can be used as a general ACLF and is not required to provide memory care services.  Since it acquired title in 2018, PJPF has sought to sell the foreclosed property for development consistent with the existing deed restrictions. PJPF entered into a contract to sell the property to Protea Senior Living Boca Raton, LLC which is willing to develop an ALF using essentially the same design as previously proposed, will provide memory care services and will perform improvements which will benefit the Foundation’s remaining property, including new access drives, improved surface water management and connection to public water and sewer. Foundation and Protea will also enter into a unity of control which requires that the development be in accordance with the Site Plan approved by the Foundation.  Protea is requesting the deed restrictions be further modified to: i) remove the requirement that the Property remain owned by a not for profit entity, ii) approve the conveyance of the foreclosed property to Protea Senior Living Boca Raton, LLC; iii) clarify that assisted living services may will be furnished at the facility together with memory care services; and iv) releasing upon receipt of a Certificate of Occupancy for Protea’s ALF, the County’s approval rights for future conveyance or encumbrance of the foreclosed property shall terminate. The Foundation and staff both supports the requested modification of the restrictions. as this will continue to require development of Development of Protea’s project will provide assisted living units and provide with memory care services consistent with the original restrictions and will also provide Foundation with an opportunity to provide mental health services to residents within Protea’s ALF, which was the goal of the previous transaction. needed improvementsIn the event the Board does not approve the modification of restrictions, Protea will be unable to move forward its project, and it is possible that PJPF could sell the property to a developer who would be less cooperative and not agree to provide memory care services.  In any event, resolution of this issue would continue to drag out for years.  Due to the unusual nature of this transaction, staff is requesting Board direction. (Property & Real Estate Management) District 5 (HJF)

 

E.         ADMINISTRATION

 

1.         ADD-ON: Staff recommends motion to ratify: the Mayor’s signature on the State of Emergency Declaration for Palm Beach County effective March 13, 2020 in response to the imminent threat posed by the COVID-19 coronavirus. SUMMARY: A Declaration of a State of Emergency was declared by Mayor Dave Kerner effective March 13, 2020, in accordance with Section 9-35 of the Palm Beach County Code.  This section provides that whenever an emergency has placed the citizens of Palm Beach County in danger of loss of life or property, and the Board of County Commissioners is unable to meet in a timely manner, a state of emergency can be declared by the Mayor, the Vice-Mayor in the Mayor’s absence, or the County Administrator in the absence of the Mayor and Vice-Mayor.  Ratifying the Mayor’s signature will provide the Board’s concurrence with the declaration.  A declaration of emergency activates applicable county emergency plans and provides expanded levels of authority to the County Administrator.  Countywide (LDC)   

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MARCH 17, 2020

 

 

6.         BOARD APPOINTMENTS

 

 

 

A.        COMMISSION DISTRICT APPOINTMENTS

 

 

 

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 MARCH 17, 2020

 

 

7.         STAFF COMMENTS

 

 

A.        ADMINISTRATION COMMENTS

 

 

 

 

 

 

 B.       COUNTY ATTORNEY

 

 

 


MARCH 17, 2020

 

 

8.         COMMISSIONER COMMENTS

 

 

District 1 – COMMISSIONER HAL R. VALECHE

 

 

 

 

 

 

District 2 – COMMISSIONER GREGG K. WEISS

 

 

 

 

 

 

 

District 3 – COMMISSIONER DAVE KERNER

 

 

 

 

 

 

 

District 4 – COMMISSIONER ROBERT S. WEINROTH

 

 

 

 

 

 

 

District 5 - COMMISSIONER MARY LOU BERGER

 

 

 

 

 

 

District 6 - COMMISSIONER MELISSA MCKINLAY

 

 

 

 

 

 

District 7 – COMMISSIONER MACK BERNARD

 

 

 

 


MARCH 17, 2020

 

 

 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."