November 17, 2020
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS – New Board
NOVEMBER 17, 2020
PAGE ITEM
34 3H-14 MOVED TO REGULAR (NOW 6I-1) (FDO)
38 3I-4 DELETED FOR FURTHER STAFF REVIEW (HES)
68 Dist. 1 ADD-ON: Request for off-site Proclamation declaring November 8-14, 2020 as
National Nurse Practitioner Week in Palm Beach County
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 (*).
AGENDA 1
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
FINAL MEETING OF CURRENT BOARD
NOVEMBER 17, 2020
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Presentation
of Flags
C. Invocation
D. Pledge
of Allegiance
E. Special
Recognition
2. ADOPTION
OF AGENDA
A. Additions, Deletions,
Substitutions
B. Special Presentations
3. CALL
FOR UNFINISHED BUSINESS
4. COMMENTS
FROM COMMISSIONERS
5. STAFF COMMENTS
6. COMMENTS
FROM THE PUBLIC
7. ADJOURNMENT
* * * * * * * * * * *
NOVEMBER 17, 2020
2B. SPECIAL PRESENTATIONS – 9:30 A.M.
1. Vietnam Veteran Lapel Pin to
Commissioner Valeche by Anne Gannon
* * * * * * * * * * * *
AGENDA 2
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
REORGANIZATIONAL MEETING
NOVEMBER 17, 2020
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
(Sharon R. Bock, Clerk &
Comptroller, presides)
2. OATH
OF OFFICE TO NEWLY ELECTED COUNTY COMMISSIONERS
(To be
administered by Sharon R. Bock, Clerk & Comptroller)
3. ADOPTION
OF AGENDA
4. ELECTION
OF MAYOR
5. ELECTION OF VICE MAYOR
(New Mayor,
presides)
6. COMMENTS
FROM COMMISSIONERS
7. COMMENTS
FROM THE PUBLIC
8. ADJOURNMENT
* * * * * * * * * * *
AGENDA 3
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
NOVEMBER 17, 2020
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
BOARD OF
COUNTY COMMISSIONERS SITTING AS THE SOLID WASTE AUTHORITY
1. CALL TO ORDER
A. Roll
Call
B. Election
of Chair, Vice-Chair and Secretary
C. 2021
Blighted and Distressed Property Cleanup and Beautification Grant Award
ADJOURN AS THE SOLID WASTE AUTHORITY
CONVENE AS THE BOARD OF COUNTY COMMISSIONERS
1. CALL
TO ORDER
A. Roll
Call
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 8-54)
4. SPECIAL
PRESENTATIONS (Page 55)
5. PUBLIC HEARINGS - 9:30 A.M. (Page 56)
6. REGULAR AGENDA (Pages 57-65)
7. BOARD APPOINTMENTS (Page 66)
8. STAFF
COMMENTS (Page 67)
9. BCC
COMMENTS (Page 68)
10. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 69)
11. ADJOURNMENT (Page 70)
* * * * * * * * * * *
NOVEMBER 17, 2020
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Appointments
to the Health Facilities Authority
3A-2 Amendment to Interlocal Agreement with the
Health Care District of Palm Beach County in response to COVID-19
Page 9
3A-3 Reappointment
to the Health Care District of Palm Beach County District Board
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
3B-4 Receive
and file list of records converted to electronic format
C. ENGINEERING & PUBLIC WORKS
Page 10
3C-1 Amendments
to paving and minor construction contracts with three contractors
3C-2 Termination agreement with Cypress Woods
Association Incorporated of the Traffic Control Jurisdiction Agreement
Page 11
3C-3 Resolution and agreement with CSX
Transportation, Inc. for fiber optic underground crossing on Haverhill Road
3C-4 Release of drainage easement for Delray
Trails at Villa Delray PUD
3C-5 Supplement to contract with American
Consulting Engineers of Florida, LLC for the Old Dixie Highway from Yamato Road
to Linton Boulevard project
Page 12
3C-6 Pathway and minor construction contracts with
three contractors
3C-7 Receive and file interlocal agreement with
the City of Riviera Beach Utility Special District for construction of water
main and force main relocations on Haverhill Road from north of Caribbean
Boulevard to Beeline Highway
Page 13
3C-8 Contracts for construction materials testing,
geotechnical engineering and inspection services with four contractors
D.
COUNTY ATTORNEY
Page 13
3D-1 Filing of the official bonds of the newly
elected or re-elected Commissioners of Palm Beach County
E. COMMUNITY SERVICES
Page 14
3E-1 Low-Income Home Energy Assistance Program
Vender Agreement with Florida Power & Light Company
3E-2 Receive and file sub-recipient agreement with
Southeast Florida Behavioral Health Network, Inc. for rapid re-housing services
Page 15
3E-3 Amendment to agreement with the Area Agency
on Aging of Palm Beach/Treasure Coast, Inc. for an increase in funding
allocations to provide services to seniors
Page 16
3E-4 Amendments to agreements with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. for senior assistance
Page 17
3E-5 Receive and file notice of award from the
U.S. Department of Health and Human Services, Health Resources and Services Administration
for programs to improve health outcomes for persons living with HIV
NOVEMBER 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 18
3E-6 Agreements with seven agencies for provision
of financial assistance to homeless individuals, seniors and disabled
individuals
Page 19
3E-7 Ratify the Mayor’s signature on the Ryan
White Part A HIV Emergency Relief Grant Program application with the U.S.
Department of Health and Human Services, Health Resources Services
Administration for improving health outcomes of clients with HIV/AIDS
Page 20
3E-8 Receive and file amendment to award
notification from the Florida Department of Education to decrease funding due
to changes in migrant/seasonal farm work
Page 21
3E-9 Reappointments
to the Community Action Advisory Board
3E-10 Update to the Palm Beach County Behavioral
Health Transportation Plan to organize a centralized system of acute care
services for persons in crisis
F. AIRPORTS
Page 22
3F-1 Receive
and file an extension of time to the Joint Participation Agreements with the
Florida Department of Transportation for projects at three airports
3F-2 Receive
and file modification to other transaction agreement with the United States of
America, acting through the Transportation Security Administration to provide
for sanitizing of screening areas
3F-3 Receive
and file two consent to sublease documents by Jet Aviation Associates, Ltd.
Page 23
3F-4 Change
order to contract with Ranger Construction Industries, Inc. for the northeast
airfield improvements project
3F-5 Receive
and file amendment to lease and concession agreement with Hose International,
Inc. for payment reconciliation
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 23
3G-1 Receive
and file FY 2020/2021 budget for the Palm Springs CRA
3G-2 Receive and file the quarterly information
ending September 30, 2020 for Children’s Services Council of Palm Beach County
Page 24
3G-3 Negotiated
settlement with John Dvoracek for satisfaction of a code enforcement lien
3G-4 FY
2020 year-end budget amendments and transfers
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 25
3H-1 Interlocal
agreement with the Town of Lantana for radio maintenance services
3H-2 Contracts
with three firms for mechanical, electrical, plumbing engineering services
Page 26
3H-3 Increase
the maximum dollar value on the overhead door replacement contracts
Page 27
3H-4 Amendment to contract with Lebolo
Construction Management, Inc. for the John Stretch Memorial Park project
3H-5 Receive and file executed documents received
during the month of September
Page 28
3H-6 Ratify emergency work order to contract with
Hedrick Brothers Construction Co., Inc. establishing a guaranteed maximum price
for the Main County Detention Center South Tower Video Visitation System
3H-7 Contract
with Rapid Removal, Inc. for demolition services
Page 29
3H-8 Annual
contracts with two contractors for minor construction services
NOVEMBER 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 30
3H-9 Contracts with three contractors for
construction management at risk services for various capital improvement
projects
Page 31
3H-10 Contracts with two contractors for asphalt,
paving and pathway services
Page 32
3H-11 Contract with Kaufman Lynn Construction, Inc.
for the Palm Beach Sheriff’s Office Headquarters Annex – District 1 and Marine
Unit project
Page 33
3H-12 Contracts with eight roofing contracts
Page 34
3H-13 Contract with A3 Communications, Inc. for low
voltage services
3H-14 Consultant Services Authorization to contract
with PGAL, Inc. for the Animal Care and Control Renewal/Repair/Replacement
project
Page 35
3H-15 Receive and file contingency use directive
change order to contract with Hedrick Brothers Construction Company, Inc. for
the Main County Courthouse Electronics & Security Systems Renewal and
Replacement project
3H-16 Receive and file emergency contract with
Grid-One Electrical Construction, Inc. for the Public Safety-Electrical
Modifications project
Page 36
3H-17 Amendment to contract with The Weitz Company,
LLC for the Water Utilities Department Water Treatment Plants Sodium
Hypochlorite Shade Structures project
3H-18 Interlocal agreement with the City of Boynton
Beach for use of the County’s Public Safety Radio System
I. HOUSING AND ECONOMIC SUSTAINABILITY
Page 37
3I-1 Receive and file documents related to the
SHIP program
3I-2 Agreement to terminate economic development
grant agreement with MobileHelp, LLC
Page 38
3I-3 Receive
and file Coronavirus Relief Fund Subrecipient agreement with Florida Housing
Finance Corporation
3I-4 Receive and file agreements with the U.S.
Department of Housing and Urban Development
J. PLANNING, ZONING & BUILDING
Page 39
3J-1 Interlocal agreement with the Town of
Jupiter for tax exemptions on improvements on historical designated properties
K. WATER UTILITIES
Page 39
3K-1 Work authorization to contract with
Centerline Utilities, Inc. for the Water Main Replacement on South Main Street
from SE Avenue K to Ice House in Belle Glade project
3K-2 Consultant Services Authorization to
contract with Baster & Woodman, Inc. for improvements to Lift Stations
Page 40
3K-3 Supplement contract with Globaltech, Inc.
for the Water Treatment Plant Chlorination System Improvements project
3K-4 Change order to contract with Florida Design
Drilling Corporation for the Water Treatment Plan Wellfield Improvements
project
Page 41
3K-5 Receive and file change order to contract
with D.B.E. Management, Inc. for Reclaimed Water Main Improvements
3K-6 Contracts
with two agencies for consulting/professional services
NOVEMBER 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 42
3L-1 Resolution requesting support from the State
of Florida Department of Environmental Protection for Palm Beach County’s Shore
Protection projects
3L-2 Reappointment to the Groundwater and Natural
Resources Protection Board
Page 43
3L-3 Partial assignment of easement agreement
with the Town of Jupiter Island for dune restoration
3L-4 Contract with Great Lakes Dredge & Dock
Company, LLC for the North County Comprehensive Shore Protection project
M. PARKS & RECREATION
Page 44
3M-1 Receive
and file project agreement amendment with the Florida Inland Navigation
District Waterways Assistance Program grant for the redevelopment of the Ocean
Inlet Park Marina
3M-2 Ratify
the Mayor’s signature on a Florida Coastal Partnership Initiative grant
application to the State of Florida Department of Environmental Protection for
the Phil Foster Park ADA Accessibility project
3M-3 Amendment
to lease with the South Florida Water Management District for the West Delray
Regional Park property
Page 45
3M-4 Budget transfer to the Ocean Inlet Park and
Marina Renovations project
S. FIRE RESCUE
Page 45
3S-1 Reappointment
to the Fire Code Board of Appeals and Adjustments
T. HEALTH DEPARTMENT
Page 46
3T-1 Contract
with the Department of Health for Environmental Health and Engineering programs
X. PUBLIC SAFETY
Page 47
3X-1 Receive
and file declarations and emergency orders related to Hurricane Dorian
Page 48
3X-2 Receive
and file declarations and emergency orders related to COVID-19 in July and
August
Page 49
3X-3 Receive and file declarations and emergency
orders related to COVID-19 in August and September
Page 50
3X-4 Receive and file grant agreement for the
Emergency Management Performance Grant, COVID-19 Supplemental with the State of
Florida, Division of Emergency Management
3X-5 Receive and file grant agreement for FY
2020-21 for the Emergency Management Performance Grant with the State of
Florida, Division of Emergency Management
3X-6 Receive and file declaration to Tropical
Storm Isaias
Page 51
3X-7 Receive and file amendment to contract with
The Lord’s Place for Adult Reentry Services
3X-8 Receive and file amendment to contract with
Catholic Charities of the Diocese of Palm Beach, Inc. for Aid to Victims of
Domestic Abuse, Inc.
Page 52
3X-9 Receive and file amendment to contract with
Catholic Charities of the Diocese of Palm Beach for direct services to support
victims of human trafficking
3X-10 contract with Marc Kramer, DVM, for relief veterinary services
Page 53
3X-11 Contract with two agencies to provide adult reentry services
NOVEMBER 17, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
CC. INERNAL AUDIT
Page 53
3CC-1 Receive and file audit risk assessment and
annual work plan for FY 2021
DD. SHERIFF
Page 54
3DD-1 Letter of Agreement and Contract with the
University of North Florida Training and Services Institute, Inc. for the High
Visibility Enforcement project
SPECIAL PRESENTATIONS
Page 55
4A COVID-19 Update by Dr. Alonso and County
Starr
PUBLIC HEARINGS – 9:30 A.M.
A. ENGINEERING
& PUBLIC WORKS
Page 56
5A-1 Utility easement for Florida Power &
Light in Palm Beach Farms
5A-2 Ordinance amending the County Code related
to Land Development Division fees
REGULAR AGENDA
A. ADMINISTRATION
Page 57
6A-1 Amendment to the Palm Beach County 2020
Federal Agenda to include the Southeast Florida Regional Climate Change
Compact’s 2021 Federal Legislative Program
B. FIRE RESCUE
Page 57
6B-1 Ordinance repealing and replacing sections
of the Palm Beach County Code updating the Florida Fire Prevention Code
C. PALM TRAN
Page 58
6C-1 Labor Management Agreement with Palm Tran
D. HOUSING AND ECONOMIC SUSTAINABILITY
Page 59
6D-1 Economic Development Incentive Agreement with
MPLT Healthcare, LLC
Page 60
6D-2 Resolution amending the use of a Trust
Indenture to a Loan and Security Agreement to purchase bonds
Page 61
6D-3 Economic Development Incentive Agreement with
Levatas LLC
Page 62
6D-4 HOME Investment Partnerships Program
Community Housing Development Organizations award to Habitat Housing Solutions,
Inc.
NOVEMBER 17, 2020
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
E. ENGINEERING & PUBLIC WORKS
Page 63
6E-1 Resolution authorizing conveyance of
interest in segments of SR 7 between Okeechobee Boulevard and Northlake
Boulevard to the State of Florida Department of Transportation
6E-2 Ordinance amending the Palm Beach County
Code pertaining to the Palm Beach County Five-Year Road Program
F. AIRPORTS
Page 64
6F-1 Amendment
to contract with The Morganti Group, Inc. for miscellaneous airport
improvements
G.
PLANNING, ZONING & BUILDING
Page 65
6G-1 Ordinance repealing various amendments to the
Florida Building Code and adopting new amendments to the Florida Building Code
H. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 65
6H-1 Authorization
for the County Administrator or designee to administratively process
budget transfers within the CARES Act Relief Fund to properly account for
expenses within the approved fiscal categories
BOARD
APPOINTMENTS (Page 66)
STAFF COMMENTS
Page 67
8A-1 Receive and file updated board directive reports
COMMISSIONER COMMENTS (Page 68)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 69)
ADJOURNMENT (Page 70)
NOVEMBER 17, 2020
A. ADMINISTRATION
1. Staff recommends
motion to approve: the appointment of two individuals to the Health
Facilities Authority for the term of November 17, 2020 to April 30, 2024:
Appoint Seat No. Seat
Requirement Nominated
By
Eugenia Millender 2 Resident
of PBC Comm. Weinroth
Comm.
McKinlay
James Sugarman
5 Resident
of PBC Comm. Weinroth
Comm.
McKinlay
SUMMARY: Per Section 154.207, Florida Statutes and Resolution Nos. R77-379,
R77-398 and R92-563, the Health Facilities Authority (HFA) is composed of five
members appointed at-large by the Board of County Commissioners (BCC). A memo dated October 2, 2020 was circulated
to the BCC notifying the Board of these two appointments and requesting their
support or asking for additional nominations. No additional nominations have
been received. The HFA’s current diversity is four Caucasian (80%) and one
African-American (20%). The gender ratio male:female is 3:2. Staff is continuously working towards
increased diversity. Countywide (HH)
2. Staff recommends
motion to approve: Amendment #1 to Interlocal Agreement R2020-0507 with
the Health Care District of Palm Beach County (Health Care District) relating
to the COVID-19 medical response, adjusting authorized expenses within the
previously approved not to exceed contract amount of $500,000, to provide
enhanced mobile medical response related to COVID-19. SUMMARY: The Health Care District has been an integral
and critical partner in Palm Beach County’s COVID-19 response efforts. They are currently providing testing services
at six locations in Palm Beach County including the FITTEAM Ballpark of the
Palm Beaches, the South County Civic Center, Lakeside Hospital, and three
clinic locations. They are also working with County staff, the Palm Beach
County Health Department and others in the development of a COVID-19
vaccination plan. Under the terms of Agreement R2020-0507, the Health Care
District is expanding their testing services through the use of mobile health
units that target underserved neighborhoods and communities where additional
testing and future vaccination services will be needed. The primary COVID-19
response vehicle funded under the agreement, a mobile health coach, was
delivered in September of this year and is now in service. This amendment will
allow for the purchase of a second smaller vehicle that is currently under
lease. The County is providing funding to the Health Care District on a
reimbursement basis in an amount not to exceed $500,000 from its Coronavirus
Aid, Relief, and Economic Security Act allocation. This amount is unchanged by
this amendment. The expenditures must be completed by December 30, 2020. Countywide
(HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve: the reappointment of one individual to the Health
Care District of Palm Beach County District Board for a four year term
beginning November 17, 2020 and ending September 30, 2024:
|
Appoint |
Seat No. |
Seat Requirement |
Nominated By |
|
Sean O’Bannon |
3 |
Resident of PBC |
Commissioner
Robert Weinroth Commissioner
Melissa McKinlay |
SUMMARY: Per Chapter 2003-326,
Laws of Florida, the Health Care District of Palm Beach County’s District Board
is comprised of seven members. The appointing authority shall consider the
diverse geographic areas of Palm Beach County in selecting individuals to serve
on the District Board, and at least one person, but not more than two shall
reside in the Glades Area. The Governor shall appoint three members; the Board
of County Commissioners shall appoint three members, one of which must be an
elected official at the time of appointment; and one member shall be the
Director of the Palm Beach County Health Department. Members may serve two, four-year terms. Seat
No. 3 is currently occupied by Sean O’Bannon.
Mr. O’Bannon has expressed interest in being reappointed and is eligible
for reappointment. The main requirement for the seat is that the individual
must be a resident of Palm Beach County.
A memo was circulated to
the Board of County Commissioners requesting support of Mr. O’Bannon’s
reappointment or requesting additional nominations. No additional nominations were received. The
diversity count for the six seats currently filled is: two African-American
(33%), one Hispanic (17%), one unknown (17%) and two Caucasian (33%). The
gender ratio (female: male) is 3:3. Staff continues to address the need for
increased diversity within our boards and will continue to encourage expansion
of this Board’s diversity. Countywide
(HH)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Date Meeting Type
June
16, 2020 Budget
June
16, 2020 Regular
August
11, 2020 Special
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
4. Staff recommends
motion to receive and file: a list of
Clerk & Comptroller Finance Department records which have been converted to
an electronic format. SUMMARY: These
records have been converted from paper to an electronic format. The electronic
records will be maintained according to their required retention schedule under
the State of Florida’s General Records Schedule GSI-SL for State and Local
Government Agencies per Chapter 119 and Chapter 257, Florida Statutes.
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) Amendment No. 1 to the annual small paving
and minor construction contract, dated December 3, 2019 with R & D Paving,
LLC (RDP) (R2019-1833), to extend the expiration date from December 2, 2020 to
December 2, 2021 and increase the contract by $2,000,000, from $1,000,000 to
$3,000,000;
B) Amendment No. 1 to the annual small paving
and minor construction contract, dated December 3, 2019 with Hinterland Group,
Inc. (HGI) (R2019-1834), to extend the expiration date from December 2, 2020 to
December 2, 2022; and
C) Amendment No. 1 to the annual small paving
and minor construction contract, dated December 3, 2019 with Saffold Paving,
Inc. (SPI) (R2019-1835), to extend the expiration date from December 2, 2020 to
December 2, 2022.
SUMMARY: Approval of HGI’s and SPI’s amendments will
extend the expiration dates from December 2, 2020 to December 2, 2022. Approval
of RDP’s amendment will increase the contract amount from $1,000,000 to
$3,000,000 and extend the expiration dates from December 2, 2020 to December 2,
2021. The increased contract amount for RDP is based on updated estimates that
exceed the current contract amount to be expended throughout Palm Beach County
by the user departments. On February 18, 2020, the Office of Equal Business
Opportunity approved the renewal of the contracts under the current terms
because the current Small Minority Women Business Enterprise (S/M/WBE)
participation is satisfactory based upon the availability of S/M/WBEs certified
to perform the work. To date, tasks in the amount of $864,072 have been
authorized for RDP, $0 for HGI and $83,500 for SPI. The Affirmative Procurement
Initiatives selected for these contracts on April 3, 2019, by the Goal Setting
Committee is a 20% minimum mandatory Small Business Enterprise (SBE)
participation for each contract. RDP agreed to 61% SBE participation. HGI
agreed to 20% SBE participation. SPI
agreed to 100% SBE participation. RDP and SPI are Palm Beach County based SBE
certified companies. HGI is a Palm Beach County based company. Countywide
(YBH)
2. Staff recommends
motion to approve: a
termination agreement with Cypress Woods Association Incorporated (Community). SUMMARY: On February 1, 2011, Palm Beach County and
the Community entered into a Traffic Control Jurisdiction Agreement,
R2011-0096, (Agreement) to have the Palm Beach County Sheriff’s Office provide
enforcement of the traffic laws of the State on the private roads owned or
controlled by the Community. The Community has requested termination of the
Agreement. District 6 (YBH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to:
A) adopt
a resolution approving a facility encroachment
agreement (Agreement) with CSX Transportation, Inc. (CSX) to accommodate
fiber optic underground crossings required at the Haverhill Road railroad
crossing, FDOT/AAR Crossing Number 628099B; and
B) approve
the Agreement with CSX required for Haverhill Road, north of Caribbean
Boulevard to Bee Line Highway (Project).
SUMMARY: Adoption of the resolution and approval of
the Agreement will allow Palm Beach County (County) to place fiber optic
underground crossings at the CSX railroad grade crossing on Haverhill Road
required for the County’s roadway improvement Project. The County will perform
all work associated with the placement of the underground crossings for the
Project. The County is required, by CSX, to pay a one-time encroachment fee of
$1,500 and an application review fee and tax of $4,035.50 upon execution of the
Agreement. The County is also responsible for any additional annual taxes
and/or periodic assessments that could be levied as a result of the
encroachment. District 7 (YBH)
4. Staff recommends
motion to approve: the release of an existing drainage easement located
on land to be replatted as Delray Trails at Villa Delray PUD by 13 FH Palm
Beach LP (Developer), located east of El Clair Ranch Road, north and south of
Via Delray, between the L-30 Canal and Lake Ida Road. SUMMARY: This approval will release an existing
platted drainage easement in Plat II VillaDelray, recorded in Plat Book 30,
Page 77, public records of Palm Beach County. The Developer is in the process
of replatting Plat II VillaDelray and the existing easement is inconsistent with
the proposed site plan. The Developer has requested that the existing drainage
easement be released with the understanding that Plat II VillaDelray will be
replatted to provide a replacement drainage system. In the event that the
Developer fails to complete replatting, Palm Beach County has received a fully
executed blanket replacement easement over the entire development, which will
be held in escrow pending completion of the replat of Plat II VillaDelray. District
5 (YBH)
5. Staff recommends
motion to approve: Supplement
No. 2 (Supplement) to the Old Dixie Highway from Yamato Road to Linton
Boulevard (Project) (R2015-0264) (Contract) with American Consulting Engineers of Florida, LLC (ACE) in the amount
of $163,307.40 for professional
services for the Project. SUMMARY:
Approval of this Supplement will
provide the professional services necessary to provide a wider proposed center
lane in order to comply with updated design standards, and change the location
of a proposed pond in order to reduce right of way acquisition costs. The solicitation for design professionals was
advertised on January 12, 2014 and January 19, 2014, prior to the effective
date of the Equal Business Opportunity Ordinance and pursuant to the Small
Business Enterprise (SBE) Ordinance at the time with final selection taking
place on June 26, 2014. The SBE goal for all contracts was 15%. ACE agreed to
15% SBE participation for the Contract, and 3.56% SBE participation for this
Supplement. The cumulative SBE participation to date including this Supplement
is 26.9%. ACE is a Palm Beach County based company. This Project is funded
by the Five-Year Road Program. Districts 4 & 7 (YBH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
6. Staff recommends
motion to approve:
A) an annual pathway and minor construction
contract with West Construction, Inc. (WCI) in an amount not to exceed
$25,000,000;
B) an annual pathway and minor construction
contract with All Paving, Inc. (API) in an amount not to exceed $25,000,000;
and
C) an annual pathway and minor construction
contract with Wynn & Sons Environmental Construction Co., Inc. (WSE) in an
amount not to exceed $25,000,000.
SUMMARY: Approval of these contracts will provide for
small paving and minor construction, on an as needed basis, throughout Palm
Beach County (County). The Affirmative Procurement Initiative selected
for these contracts on March 4, 2020, by the Goal Setting Committee is a 15%
minimum mandatory Small Business Enterprise (SBE) participation. WCI agreed to
15% SBE participation. API agreed to 80% SBE participation. WSE agreed to 90.9%
SBE participation. WCI, API and WSE were the lowest, responsive bidders of four
bidders. These contracts will be in effect for 36 months from the date of
approval by the Board of County Commissioners. WSE is a Palm Beach County based company. API and WSE are both Palm Beach County based and certified SBE companies.
Countywide (YBH)
7. Staff recommends
motion to receive and file: an
interlocal agreement with the City of Riviera Beach Utility Special District
(City) for the construction of water main and force main relocations in the
amount of $874,289.76 as part of the Haverhill Road from north of Caribbean
Boulevard to Beeline Highway Project. SUMMARY: This agreement is being submitted to the Clerk and Comptroller of
Palm Beach County in accordance with Countywide PPM CW-O-051. The agreement was approved by the Deputy
County Engineer as a delegated authority in accordance with Palm Beach County
Administrative Code Section 404.00. District 7 (YBH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
8. Staff recommends
motion to approve:
A) an Annual Construction Materials Testing,
Geotechnical Engineering and Inspection Services contract with Nutting
Engineers of Florida, Inc. (NEF);
B) an Annual Construction Materials Testing,
Geotechnical Engineering and Inspection Services contract with Pacifica
Engineering Services, LLC (PES);
C) an Annual Construction Materials Testing,
Geotechnical Engineering and Inspection Services contract with RADISE
International, LC (RIL); and
D) an Annual Construction Materials Testing,
Geotechnical Engineering and Inspection Services contract with Terracon
Consultants, Inc. (TCI).
SUMMARY: Approval of these contracts will provide the professional services
necessary for construction materials testing, geotechnical engineering
and inspection services throughout Palm
Beach County (County) on a work task order basis for County projects. The
contract period for each contract is 36 months from the date of approval by the
Board of County Commissioners. The Affirmative Procurement Initiative
selected for these contracts on November 6, 2019, by the Goal Setting Committee
is a 20% minimum mandatory Small
Business Enterprise (SBE) participation and an SBE Evaluation Preference. NEF
originally agreed to 100% SBE participation for the contract but graduated from
being an SBE on September 29, 2020; and per the Equal Business Opportunity
Ordinance 2-80.27(3)(e) received approval from the Office of Equal Business
Opportunity to provide 20% SBE participation.
PES agreed to 80% SBE participation for the contract. RIL agreed to 100%
SBE participation for the contract. TCI agreed to 20% SBE participation for the
contract. NEF, PES and RIL are Palm Beach County based companies and PES and
RIL are certified SBE companies. Countywide (YBH)
D. COUNTY ATTORNEY
1. Staff recommends motion to approve: and file with the Clerk of the Circuit Court the official bonds on the newly elected or re-elected Commissioners of Palm Beach County. SUMMARY: Pursuant to Fla. Stat. § 137.01 and Palm Beach County Code Ordinance§ 2-140, newly elected or re-elected Commissioners must secure bonding for presentation to the Board of County Commissioners (Board) immediately following their election. Such official bonds must be approved by the Board and filed with the Clerk of the Circuit Court. Countywide (DB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the Low-Income Home Energy Assistance
Program Vendor Agreement with Florida Power & Light Company (FPL), for the
period September 1, 2020 through August 31, 2025, to provide utility services
to eligible participants. SUMMARY: The Low-Income Home Energy Assistance Program (LIHEAP) Federally Funded
Subgrant Agreement No. 17EA-0F-10-60-01-023 (R2017-0996) requires the Community
Action Program (CAP) to have agreements with local energy vendors. The State of
Florida, Department of Economic Opportunity awarded CAP $12,390,978 in LIHEAP
funds. LIHEAP funding allows CAP to provide assistance to low-income households
experiencing a home energy emergency. The agreement with FPL will allow CAP to
process payments on behalf of low-income clients, therefore, avoiding
disconnection of services for eligible participants. In Federal Fiscal Year
2019, energy services were prevented from disconnection or restored through
LIHEAP, to a total of 8,177 households. No County funds are required.
(Community Action Program) Countywide (HH)
2. Staff recommends
motion to receive and file:
Sub-Recipient Agreement with Southeast Florida Behavioral Health Network, Inc.
(SEFBHN), for the period September 1, 2020 through August 31, 2022, in the
amount of $1,000,000, for rapid re-housing services for 20 homeless individuals
with substance use disorder, mental health or co-occurring disorders. SUMMARY:
On June 8, 2020, the U.S. Department of Housing and Urban Development (HUD)
notified the Palm Beach County Department of Housing and Economic
Sustainability (HES) of a second Emergency Solutions Grant–Coronavirus (ESG-CV)
award in the amount of $5,830,483 to respond to the coronavirus (COVID-19)
pandemic. Staff proposed allocations of
the ESG-CV funds to activities mitigating the impact of COVID-19 on the
homeless and those at risk of homelessness. On August 25, 2020, the Board of
County Commissioners approved the ESG-CV funding. SEFBHN
will administer the rapid re-housing program in Palm Beach County to house 20
homeless individuals with substance use disorder, mental health or co-occurring
disorders that are willing to participate in treatment and recovery support
services. SEFBHN will utilize a “Housing First” approach with no barriers to
housing entry. The sub-recipient agreement was executed by the County
Administrator in accordance with Agenda Item 6D-4, dated August 25, 2020, which
delegated signature authority. In accordance with County PPM CW-O-051,
all delegated contracts, agreements, and grants must be submitted by the
initiating department as a receive and file agenda item. No County funds are
required. (Human Services) Countywide
(HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to approve:
A) Amendment 002 to Standard
Agreement No. IA020-9500
(R2020-0296) 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 revise, amend and replace portions of the standard
agreement and increase the overall funding allocations by $350,000, to provide
in-home and community-based services to seniors; and
B) a
budget amendment of $350,000 in FY 2020 in the Division of Senior Services
(DOSS) Administration Fund to align the budget to the actual grant award.
SUMMARY: The amendment allows DOSS to provide
services to seniors that preserve their independence and defers the need for
more costly institutions. There are several OAA programs that serve seniors.
One is the congregate meals program which provides transportation to and from
congregate meal sites. The budget amendment is necessary to align the County
budget with the actual grant award (CFDA 93.044). DOSS is responsible for
providing services north of Hypoluxo Road. The areas of service include all of
the districts, excluding Districts 3, 4, 5 and 7 south of Hypoluxo Road. The
Mae Volen Center, Inc. is responsible for providing services in the areas south
of Hypoluxo Road. There is a required County match of $38,889. (DOSS) Countywide
except for portions of Districts 3, 4, 5, & 7 south of Hypoluxo Road.
(HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to approve:
A) Amendment
002 to Standard Agreement No. IC019-9500 (R2019-1275) for Community Care for
the Elderly (CCE) with the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc. (AAA), for the period July
1, 2019 through June 30, 2020, to amend, revise, and replace portions of the
standard agreement, to assist seniors and caregivers by providing in-home
services to help seniors live independently;
B) Amendment 003 to Standard Agreement No.
IC019-9500 (R2019-1275) for CCE with AAA, for the period July 1 2019 through
June 30, 2020, to amend, revise, and replace portions of the standard agreement
and increase the overall total funding by $43,720.35, to assist seniors and
caregivers by providing in-home services to help seniors live independently;
C)
Amendment 001
to Standard Agreement No. IH019-9500 (R2019-1276) for
Home Care for the Elderly (HCE) with AAA, for the period July 1, 2019 through
June 30, 2020, to
amend, revise, and replace portions of the standard agreement, to assist
seniors and their caregivers with the provision of
care in a family-type living arrangement as an alternative to institutional
care;
D)
Amendment 002 to Standard Agreement No. IH019-9500 (R2019-1276) for
HCE with AAA, for the period July 1, 2019 through June 30, 2020, to amend, revise, and replace
portions of the standard agreement, to assist seniors
and their caregivers with the provision of care in a family-type living
arrangement as an alternative to institutional care;
E) Amendment 003 to Standard Agreement No.
IH019-9500 (R2019-1276)
for HCE with AAA, for the period
July 1, 2019 through June 30, 2020, to amend, revise, and replace portions of the standard
agreement and increase the overall total funding by $18,769.81, to assist
seniors and their caregivers with the provision of
care in a family-type living arrangement as an alternative to institutional
care; and
F)
a budget amendment of $16,981 in FY 2020 in the Division of Senior Services
(DOSS) Administration Fund to align the budget to the actual grant award.
SUMMARY: The amendments allow DOSS to provide
services to seniors and their caregivers. Under CCE, seniors and caregivers are
assisted with in-home services that help seniors live independently. The CCE
program served 676 clients, provided 6,931 hours of case management and 282,909
hours of in-home services from Grant Year (GY) 2016-2019. Under HCE, DOSS
assists older adults and caregivers with the provision of care in a family-type
living arrangement as an alternative to institutional care. The HCE program
served 167 clients, provided 2,006 hours of case management and 13,405 hours of
in-home services from GY 2016-2019. Sufficient funding is included in the
current budget to meet County obligations. The budget amendment is necessary to
align the County budget with the actual grant award. DOSS is responsible for
providing services north of Hypoluxo Road. The areas of service include all of
the districts, excluding 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. There is a required County match of $4,858. (DOSS)
Countywide except for portions of Districts 3, 4, 5, & 7 south of
Hypoluxo Road. (HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to:
A) receive and file a Notice of Award
(NOA) No. 6 H89HA00034-27-02 from the U.S. Department of Health and Human
Services, Health Resources and Services Administration (HRSA), for the budget
period March 1, 2020 through February 28, 2021, to increase funding by $249,067
for a new not-to-exceed amount of $7,707,875, for new and existing programs to
continue improving health outcomes for persons living with HIV; and
B) approve a budget amendment in the amount of $249,067
in the Ryan White Care Program fund to
align the budget to the actual grant award;
SUMMARY: A revised notice of award was received on September 14, 2020, from HRSA
issuing carryover funding for the prior grant year to the current grant year in
the amount of $249,067. The total grant award for Grant Year (GY) 2020,
including this notice of award is $7,707,875. This is a carryover amount; it is not a new annual award. Carryover
amounts will vary from year to year based on funds that were left over from the
prior grant year. On November 5, 2019,
the Board of County Commissioners (BCC) ratified the Mayor’s signature on the
Ryan White Part A HIV Emergency Relief Grant Program application (R2019-1723).
On May 5, 2020, the BCC approved a partial notice of award (R2020-0408) for
$1,494,582. On June 16, 2020, the BCC approved the final notice of award
(R2020-0629) for $7,458,808. On September 29, 2020, the Palm Beach
County HIV CARE Council allocated carryover funding of $137,944 to health insurance
premiums, $80,000 to housing services and $31,123 to medical case management.
The grant will allow the Community Services Department to continue providing
needed medical and support services to Palm Beach County residents living with
HIV/AIDS. In GY 2019, 3,155 clients
were served with a viral suppression rate of 83%. No County funds are
required. (Ryan White Program) Countywide (HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve: the agreements for Provision of Financial
Assistance with the below listed agencies, for the period October 1, 2020
through September 30, 2021, in an amount totaling $1,584,294:
A) Gulfstream Goodwill Industries, Inc. (GGI), for the provision of
transportation services to homeless individuals returning home to their support
system, in an amount not-to-exceed $25,000;
B) Adopt-A-Family of the Palm Beaches, Inc. (AAF), for the provision of
transportation services to homeless individuals returning home to their support
system, in an amount not-to-exceed $15,000;
C) The Mae Volen Senior Center, Inc. (Mae Volen), for the provision of in-home and transportation services for
seniors, in an amount not-to-exceed $1,194,135;
D) Southeast Florida Behavioral Health Network, Inc. (SEFBHN), to provide
training on the Wraparound Model to behavioral health agencies, in an amount
not-to-exceed $57,619;
E) Legal Aid Society of Palm Beach County, Inc. (Legal Aid), for the
provision of guardian advocacy and legal case management services to adults
with special needs and intellectual disabilities, in an amount not-to-exceed
$92,245;
F) United Way of Palm Beach County, Inc. (United Way), to support the Hunger
Relief Plan and implement hunger relief task force outreach and public
information efforts, in an amount not-to-exceed $45,000; and
G) Palm Beach County Food Bank, Inc. (PBCFB), for the provision of food
distribution to soup kitchens, homeless shelters and food pantries, in an
amount not-to-exceed $155,295.
SUMMARY: On July 14,
2020, the Board of County Commissioners (BCC) approved funding allocations for
the Financially Assisted Agencies (FAA) Program. The agreements recommended in
this item reflect dollar amounts included in the FY 2021 budget. These
agreements represent $1,584,294 of the
total FAA funding allocation of $12,976,690 in FY 2021. In FY 2019, GGI
served 45 clients with transportation services. Under this new agreement, 100
homeless individuals will be served. In FY 2019, AAF served 52 clients with transportation services.
Under this new agreement, 80 homeless individuals will be served. In FY 2019,
Mae Volen served 1,080 clients with in-home and transportation services. Under
this new agreement, 1,000 seniors will be served. In FY 2019, SEFBHN provided
seven trainings to 95 employees of various agencies. Under this new agreement,
eight agencies will participate in wraparound trainings. In FY 2019, Legal Aid served
21 clients with guardian advocacy and legal case management services. Under
this new agreement, 20 adults with special needs will be served. In FY 2019,
United Way served 23,496 clients with hunger relief outreach services. Under
this new agreement, approximately the same number of clients will be served. In
FY 2019, PBCFB served 3,230 clients with food distribution services. Under this
new agreement, approximately the same number of clients will be served. Joshua
Butler, an employee of GGI is a member of the Homeless Advisory Board (HAB).
Kimberly Rommel Enright and Kristina Rowe, employees of Legal Aid are members
of the Palm Beach County HIV CARE Council (HIV CARE Council). Both the HAB and
HIV CARE Council provide no regulation, oversight, management, or
policy-setting recommendations regarding the subject contract or transaction.
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. (Financially Assisted Agencies) Countywide
(HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to ratify: the
signature of the Mayor on the Ryan White Part A HIV Emergency Relief Grant
Program application with the U.S. Department of Health and Human Services,
Health Resources Services Administration (HRSA), for the period of March 1,
2021 through February 28, 2022, in the amount of $7,831,029, for new and
existing programs to continue improving health outcomes for clients with
HIV/AIDS. SUMMARY: The Ryan
White Part A HIV Emergency Relief Grant Program application in the amount of
$7,831,029 was submitted to HRSA on October 7, 2020. The application highlights
the need to maintain 20 core medical and support service categories currently
provided. Some of the services provided under the grant are medical case
management, medical care, pharmaceutical assistance, oral health care, legal
support services, outpatient ambulatory services, health insurance premium
assistance and food bank home delivered meals, with additional funding
requested for substance use disorder treatment services, and intervention
services for racial/ethnic minority persons living with HIV/AIDS. The Grant
Year (GY) 2021 application requests an overall increase of 5%, or
$372,221 from the prior grant year, allowing
the Community Services Department to extend services to approximately 150
additional Palm Beach County residents. In GY 2019, 3,155 clients were served
with a viral suppression rate of 83%. The emergency signature process was
utilized because there was insufficient time to submit this item through the
regular agenda process. No County match is required. (Ryan White
Program) Countywide (HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
8. Staff recommends
motion to:
A) receive and file Amendment No. 1 to
Project Award Notification No. 760-4050B-0CFJ1 from the Florida Department of Education (FDOE),
for the budget period July 1, 2019 through September 30, 2020, to decrease
funding award in the amount of $63,764 in Grant Year (GY) 2019, for a new
not-to-exceed amount of $161,379;
B) ratify the signature of the Mayor on the GY 2020 FDOE Project Application, for
the period July 1, 2020 through June 30, 2021, in an amount not-to-exceed
$227,349 for the Farmworker Career Development Program (FWCDP) under Title I,
Section 167 of the Workforce Innovation and Opportunity Act to provide
education and supportive services to farmworkers and their dependents;
C) receive and file Project Award Notification No. 760-4051B-1CFJ1 from
the FDOE, for the budget period July 1, 2020 through June 30, 2021, in an
amount not-to-exceed $227,349, to provide career counseling, vocational
training, job placement assistance and support services to eligible
migrant/seasonal farmworkers and their dependents; and
D) approve a budget amendment of $102,031 in FY 2020 in the
Farmworker Jobs/Education Program fund to align the budget to the actual award.
SUMMARY: Amendment No. 1 to Project Award
Notification 760-4050B-0CFJ1, for the budget period July 1, 2019 through September
30, 2020, decreased
the total grant award for Grant Year (GY) 2019 by $63,764 for a new total grant
award of $161,379. The GY 2019 FDOE Project Application (R2019-0938) was
approved by the Board of County Commissioners (BCC) on July 2, 2019. The
decrease to the GY 2019 award is due to changes in the migrant/seasonal farm
work in the State of Florida (State). The Florida Department of Education
reallocated funding to areas with larger number of farmworkers who would
benefit from the program. The FWCDP received instructions to submit the GY 2020
grant application. The FWCDP provides vocational training, educational and
support services to migrant/seasonal farmworkers and their dependents to obtain
economic self-sufficiency through permanent and stable employment outside of
farm work. The FWCDP has served residents for over 40 years in Palm Beach
County with an emphasis in the Tri-City Glades, as well as the City of
Clewiston in Hendry County, as the migrant seasonal farmworker population is
often in transit from one county to another due to seasonal crops. In GY
2017-2019, the FWCDP served a total of 162 clients enrolled in the support
services and training programs, with 55 clients obtaining permanent employment
in the medical, commercial truck driving, security and construction fields. In
GY 2019, 67% of participants obtained permanent jobs outside of farm work. The
emergency signature process was utilized because there was not sufficient time
to submit the application through the regular BCC agenda process. Project Award
Notification No. 760-4051B-1CFJ1 for GY 2020 was received from the FDOE issuing
a grant award of $227,349. Under the new grant, FWCDP will serve 89 program
participants with training and support services. In accordance with County PPM
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. No County funds are required. (Farmworker
Career Development Program) Countywide (HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
9. Staff recommends
motion to approve: the reappointments of two current members to
the Community Action Advisory Board, effective November 17, 2020:
|
Seat # |
Reappointment |
Seat Requirement |
Term Ending |
Nominated By |
|
2 |
Kevin L. Jones |
Public Sector Representative |
09/30/23 |
Comm. McKinlay Comm. Kerner Comm. Weinroth CAAB |
|
5 |
Mary R. Wilkerson |
Public Sector Representative |
09/30/23 |
Comm. McKinlay Comm. Kerner Comm. Weinroth CAAB |
SUMMARY: The total membership for
the Community Action Advisory Board (CAAB) shall be no more than 15 at-large
members, comprised of one-third elected public officials or their
representatives, one-third private sector members recommended by the CAAB and
one-third low-income representatives selected by a democratic process in the
target neighborhoods served, per Resolution No. R2018-0372, adopted April 10,
2018, amending Resolution R2014-0588. Members will fully participate in the
planning, implementation, and evaluation of the Community Services Block Grant
program to serve low-income communities. Mr. Jones and Ms. Wilkerson meet
applicable guidelines and requirements outlined in the resolution. Ms.
Wilkerson is an employee of Drug Abuse Treatment Association, Inc., which
contracts with the County for services. The CAAB provides no regulation,
oversight, management, or policy setting recommendations regarding the subject
contracts or transactions. 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. The diversity count
for the 10 seats that are currently filled is African-American: 8 (80%),
Hispanic-American: 1 (10%) and Caucasian: 1 (10%). The gender ratio (female:
male) is 10:0. Both Mr. Jones and Ms. Wilkerson are African-American. Staff
conducts targeted outreach in an effort to proffer candidates for appointments
that maintain a diverse composition of the board. (Community Action Program) Countywide (HH)
10. Staff recommends
motion to approve: an update to Palm Beach County’s Behavioral Health
Transportation Plan (Plan) to organize a centralized system of acute care
services for persons in crisis pursuant to § 394.462, F.S. SUMMARY: The
Board of County Commissioners approved the Plan on June 6, 2017, as required by
§ 394.462, F.S. The statute states, in
part, “A transportation plan shall be developed and implemented by each county
in collaboration with the managing entity.” The Plan describes methods of
transport to facilities within the designated receiving system for individuals
subject to involuntary examination (pursuant to the Baker and Marchman Acts
for involuntary commitment of persons
in mental health and substance abuse crises). The Plan was developed by the
Southeast Florida Behavioral Health Network (SEFBHN) in collaboration with the
County, and received community input from the Department of Community Services,
the Palm Beach County Public Safety Coordinating Council, the Baker Act Task
Force and the Law Enforcement Planning Council. The Plan is required to be
updated every three years, and this item represents the first update to the
Plan since its 2017 inception. Corresponding programs funded through the
County’s Financially Assisted Agencies program have been, and will continue to
be, aligned with the Plan. The Plan requires approval by SEFBHN, the Board of
County Commissioners, and the Florida Department of Children and Families. Countywide
(HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: an
Extension of Time to the following Joint Participation Agreements (JPA) with
the Florida Department of Transportation (FDOT):
B)
Runway 3-21
Rehabilitation at Palm Beach County Park Airport, Financial Project Number
434631-1-94-01 approved by the Board on March 14, 2017 (R2017-0277 and
2017-0278), until March 31, 2021; and
C)
Rehab Runway 17/35 and
Associated Taxiways at Palm Beach County Glades Airport, Financial Project
Number 436390-1-94-01 approved by the Board on March 22, 2016 (R2016-0328 and
R2016-0329), until March 31, 2021.
SUMMARY: The Extension of Time agreements extend the availability of grant
funding to allow for the continuation of project activities at said airport. Delegation
of authority for execution of the above Extensions of Time to the JPAs with the
FDOT was approved by the Board on October 18, 2011 (Agenda Item No. 3F11). Countywide
(AH)
2. Staff recommends
motion to receive and file: Modification P00003 (Mod 3) to Other
Transaction Agreement No. 70T01018T9NCKP023 (R2018-0382, as amended) (OTA) with
the United States of America, acting through the Transportation Security
Administration (TSA), pertaining to TSA’s use of security checkpoint and
baggage screening areas at the Palm Beach International Airport (PBI);
providing for reimbursement to the County by TSA for cleaning and sanitizing
services provided at TSA’s screening areas, in the amount of $92,879.34 for the
period of September 1, 2020 through December 31, 2020. SUMMARY: On
September 15, 2020 (R2020-1337), the Board approved Mod 3 and authorized the
County Administrator, or the Director of Airports, as designee, to sign Mod 3
to ensure timely processing. Countywide
(AH)
3. Staff recommends
motion to receive and file: two Consent to Sublease (Consent)
documents, consenting to the sublease by Jet Aviation Associates, Ltd. (Jet) at
the Palm Beach International Airport (PBI), with the following subtenants:
1. Moondance
Equipment, LLC, effective 10/1/2020; and
2. Ohio
Resources LLC, effective 8/1/2020.
SUMMARY: Jet provides fixed base operator services at PBI
pursuant to a Lease Agreement (R99-2239, as amended), with the County. The
Lease Agreement allows Jet to sublease space subject to the County’s consent. Delegation of authority for execution of the
standard form consent to sublease was approved by the Board in R94-1453.
Countywide (AH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to approve:
B)
a budget transfer of
$38,240 in the Airport’s Improvement and Development Fund to provide budget for
the project, including a reclass from Reserves in the amount of $38,240.
SUMMARY: The contract with Ranger Construction
Industries Inc. for the Northeast Airfield Improvements project at PBI in the
amount of $28,745,719.87 and 787 calendar days was approved by the Board on
June 18, 2019 (R2019-0840). Change Orders 1-5 in the amount of $95,754 and 10 calendar
days were approved under the delegated authorities detailed in PPM CW-F-050.
Approval of Change Order No. 6 will primarily compensate the contractor to
provide temporary drainage modifications to maintain drainage between
constrained work areas (phases). The Disadvantaged Business Enterprise (DBE)
Goal for this project was established at 16%. Ranger has committed to a minimum
of 17.33% participation. The DBE participation to date for this contract is
23.34%. The DBE participation for this change order is 0%. Countywide
(AH)
5. Staff recommends
motion to receive and file: the Twelfth Amendment (Amendment) to Lease
and Concession Agreement (Agreement) with Host International, Inc. (Host)
(R98-1293D, as amended), providing for reconciliation of concession payments on
a year-to-date basis, and updating standard form provisions, pursuant to
delegation of authority approved by the Board on May 5, 2020 (R2020-0527). SUMMARY:
Under the Agreement, Host pays the greater of a percentage of gross
revenues, or the minimum annual guarantee (MAG). Payments are submitted monthly and reconciled
annually. Host has historically received
a credit each year for amounts paid in-excess of what is actually due, because
of seasonal variations that resulted in high percentage payments in the first
half of each fiscal year, when passenger traffic is typically highest. Beginning
in March 2020, passenger traffic at the Palm Beach International Airport
declined substantially as a result of the COVID-19 pandemic, resulting in
severe declines in Host’s gross revenues. Prior to this decline, Host had paid
substantially more in year-to-date percentage payments than the year-to-date
MAG that was due. The Amendment adjusts the method of reconciliation, allowing
Host to receive credit for payments made in excess of the MAG prior to the
pandemic. The Amendment does not change the MAG, or defer rent or other
charges. The Amendment also updates standard form provisions. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: the Fiscal Year 2020/2021 Budget for Palm Springs CRA. SUMMARY: The Palm Spring CRA has submitted their Fiscal
Year 2020/2021 Budget. Countywide
(DB)
2. Staff recommends
motion to receive and file: the Quarter
Ending 09-30-2020 information for Children’s Services Council of Palm Beach
County (CSCPBC). SUMMARY: The Children’s Services Council has submitted
their Quarter Ending 09-30-2020 information as per Section 125.901, Florida
Statutes. Countywide (DB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (Cont’d)
3. Staff recommends
motion to approve: a negotiated settlement offer in the amount of $75,000 for the full
satisfaction of a code enforcement lien that was entered against John Dvoracek
on May 22, 2007. SUMMARY: The Code Enforcement Special Magistrate (CESM)
entered an order on November 1, 2006, for the property owned by John Dvoracek
providing him until March 1, 2007, to bring his property located at 5563 State
Road 7, Lake Worth, FL into full compliance. The property had been cited for property
maintenance, building disrepair, overgrown vegetation, trash/debris and
inoperative and/or unlicensed vehicles. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $50 per day
was imposed. The CESM then entered a claim of lien against John Dvoracek on May
22, 2007. The Code Enforcement Division issued an Affidavit of Compliance for
the property stating that the cited code violations had been fully corrected as
of May 21, 2019. The total accrued lien amount through September 4, 2020, the
date on which settlement discussions began, totaled $725,133.41. The heirs of
late John Dvoracek have agreed to pay Palm Beach County $75,000, (10%) for full
settlement of their outstanding Code Enforcement lien. District 6 (SF)
4. Staff recommends
motion to approve:
A) a Resolution of the Board of County
Commissioners of Palm Beach County, Florida Approving Fiscal Year 2020 Year End
budget amendments and transfers; and
B) the following FY 2020 Year End budget amendments
and transfers:
1. budget amendment
of $384,698 in the General Fund 0001 to reallocate budget between departments;
2. budget amendment
of $16,452 in Local Requirements & Innovations Fund 1324 to transfer
additional funds back to the General Fund due to higher than anticipated
revenues;
3. budget amendment
of $16,173 in the Legal Aid Programs Fund 1325 to transfer additional funds
back to the General Fund due to higher than anticipated revenues;
4. budget amendment
of $15,983 in the JAC Juvenile Programs Fund 1326 to transfer additional funds
back to the General Fund due to higher than anticipated revenues; and
5. budget amendment
of $263,090 in the Palm Beach Transportation Planning Agency (TPA) Fund 1360 to
close the fund.
SUMMARY: These transfers and amendments are necessary to properly allocate budget
for FY 2020. The General Fund amendment of $384,698 is necessary to reallocate
budget between departments mostly to adjust amounts for Personnel Costs due to
unbudgeted personnel changes. The other amendments relate to adjustments for
unanticipated revenue received for a specific purpose. Countywide (DB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve: an
Interlocal Agreement (Agreement) with the Town of Lantana (Town) for radio
maintenance services from April 6, 2021 through April 5, 2026. SUMMARY: The Agreement provides for the
provision of radio equipment maintenance services to the Town, by
FDO/Electronic Services & Security Division. The services are to be charged on an hourly
basis at a cost of $65hr/person and $97.50hr/person for overtime work. In the event that the County must out-source
the labor, a separate labor rate is provided. The maintenance costs for the
radio consoles are included in County’s service contract with Motorola and are
paid as a lump sum reimbursement to the County. 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 Town’s fee schedule
exceed the fee schedule applied to County departments. The Agreement will commence on April 6, 2021,
at the expiration of their current Agreement (R2017-0639), for a term of five
years. There are 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)
2. Staff recommends
motion to approve: continuing contracts with three firms to provide
mechanical, electrical, plumbing (MEP) engineering services on an as needed
basis through November 17, 2025:
Consultant Status SBE or Non-SBE
A) Florida International
Consulting
Engineers Design, Inc. Local S/MBE
B) Gartek Engineering
Corporation Local S/MBE
C) Johnson, Levinson, Ragan,
Davila,
Inc. Local SBE
SUMMARY: The purpose of these continuing contracts
is to pre-select consultants to provide MEP engineering services associated
with the design of various capital improvement or renovation projects county
wide. The projects to be assigned will have an estimated construction value of
$4,000,000 or less or a study activity $500,000 or less. Consultant fees will
be negotiated on an individual basis for the identified projects. These
contracts will be for five years. This continuing contract was solicited
pursuant to the requirements of the Equal Business Opportunity Ordinance. This
continuing contract was presented to the Goal Setting Committee on February 19,
2020, and the Committee established Affirmative Procurement Initiatives of a
small business enterprise (SBE) evaluation preference for the selection and a
20% mandatory SBE subcontracting goal on the contract. Florida International
Consulting Engineers Design, Inc. committed to an SBE participation goal of
100%; Gartek Engineering Corporation, Inc. committed to an SBE participation
goal of 92%; and Johnson, Levinson, Ragan, Davila, Inc. committed to an SBE
participation goal of 20%. Actual Small/Minority/Women Owned Business
Enterprise participation will be identified on each consultant services
authorization (CSA) and will be tracked cumulatively over all CSA issued under
the contract. (Capital Improvements
Division) Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: an increase in the maximum dollar value of the
annual overhead door replacement contracts by $1,000,000 to provide new or
repair services for overhead and manual garage doors (rolling and sectional) on
an as-needed basis through July 9, 2023.
Contractor Resolution
# Status
A) Florida Dock & Door Company R2018-0999 Non- Local/Non-SBE
B) General Garage Door Co., Inc. R2018-1000 Local/Non-SBE
C) Door Systems of South
Florida, Inc.
R2019-1311 Non-Local/Non-SBE
D) Coast to Coast Garage
Door
LLC R2020-1346 Non-Local/Non-SBE
SUMMARY: On July 10, 2018, the Board of County
Commissioners initially approved the annual overhead door replacement contract
for an initial term of two years, with three renewal options each for a period
of one year, at the sole option of the County. On September 10, 2019, Amendment
No. 1 extended the term of the contract through July 9, 2023. During the first two years of the contract,
the County awarded $637,594 in work orders. Staff is requesting the cumulative
limit be increased by $1,000,000 for a total cumulative value of $2,000,000 in order
to accommodate additional anticipated new projects required to be accomplished
before the term of this contract expires on July 9, 2023. Work is to be awarded
as work orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors are allowed to qualify at any time and be added to
this annual contract before the term ends. Projects $100,000 and over are
advertised on the vendor self-service website while projects $200,000 and over
are also advertised in the newspaper. Projects under $100,000 are bid among the
pool of pre-qualified contractors (currently four have pre-qualified) and for
projects over $100,000, the bidding pool is expanded to include any additional
bidders responding to the specific project advertisement that submit a qualification
application at least ten days before the bid due date. The annual overhead door
replacement contract was last presented to the Goal Setting Committee on March
4, 2020, and the Committee established Affirmative Procurement Initiatives of
sheltered market for projects under $100,000 (when three or more Small Business
Enterprises (SBE) firms are qualified under the annual contract) or a price
preference for an SBE contractor if its bid is within 10% of the lowest non-SBE
bid. Small/Minority/Women-Owned Business Enterprise (S/M/WBE) actual
participation will be identified on each work order, and will be tracked
cumulatively over all work orders issued. To-date, there is no S/M/WBE
participation under this annual contract. (Capital Improvements) Countywide
(LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: Amendment No. 6 to the continuing contract with
Lebolo Construction Management, Inc. (R2018-1161) for the John Stretch Memorial
Park project establishing a Guaranteed Maximum Price (GMP) for construction
management (CM) services in the amount of $314,748 for a period of 60 calendar
days or until project is complete. SUMMARY:
On August 14, 2018, the Board of County Commissioners (Board) approved the
continuing CM contract with Lebolo Construction Management, Inc. for
construction management services of federally funded capital projects under
$2,000,000 (effective July 1, 2020, this limit increased to $4,000,000 due to
changes in the Florida Statutes). Amendment No. 6 consists of installing an
asphalt overlay on the parking lot at John Stretch Memorial Park. The existing
parking lot is deteriorating and in need of replacement. The asphalt overlay is
the more economical option, which includes a paving method of applying a new
layer of asphalt to a deteriorating surface. The existing asphalt layers are
used as a base for the new asphalt pavement. The work was competitively
solicited by Lebolo Construction Management, Inc. utilizing the federal
requirements provided by the Department of Housing and Economic Sustainability.
Under the federal requirements, this project has a 22.4% minority and 6.9%
female participation goal established; however, the goals are not mandatory,
provided the contractor exercised good faith efforts. After good faith efforts,
Lebolo Construction Management, Inc. is unable to provide minority and female
participation for this amendment. Lebolo Construction Management, Inc. is a
Palm Beach County business with its main office located in Boynton Beach. The
funding sources for Amendment No. 6 are the Housing and Urban
Development (HUD) Community Development Block Grant, and the Infrastructure
Sales Tax fund. (Capital Improvements Division) District 6
(LDC)
5. Staff recommends
motion to receive and file: the executed documents received during the
month of September.
A) Amendment No. 3 to the emergency contract with Robling Architecture
Construction, Inc. establishing a guaranteed maximum price for the Royal Palm
Lakes Apartment Renovation – Interior Improvements phase in the amount of
$3,417,219 to be completed by December 30, 2020; and
B) Change Order No. 3 to the emergency contract with Dean Mitchell
Restoration, Inc. for Royal Palm Lakes Apartment Renovation-Mold Remediation
services in the amount of $46,747.50 for mold remediation phase III and IV of
the project.
SUMMARY: On April 6, 2020, the Board of County
Commissioners (Board) received authorization from the Federal Emergency
Management Agency to conduct non-congregate sheltering activities under the
Public Assistance Program as part of the response to the coronavirus
emergency. On June 2, 2020, the Board
authorized the County Administrator or designee, which in this case was the
Director of Facilities Development and Operations (FDO), to execute emergency
design and construction contracts to renovate the Pahokee and Belle Glade
Facilities as part of the County’s Non-Congregate Sheltering Strategy for the
Western Communities. These contracts were fully executed on behalf of the Board
by the Director of FDO. In accordance with
the County Policy and Procedures Manual (PPM) CW-O-051, all delegated
contracts, agreements and grants must be submitted by the initiating department
as a receive and file agenda item. Pursuant to section 2-80.22 of the Equal
Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project
is exempt from the EBO requirements. The funding sources for these contracts
are the CARES Act Relief fund and the Infrastructure Sales Tax fund. (Capital
Improvements Division) Countywide/District 6 (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to:
A) authorize the Clerk and Comptroller to assign a unique
resolution number to the emergency contract with Hedrick Brothers Construction
Co., Inc. for construction management (CM) services for the Main County
Detention Center South Tower Video Visitation System (VVS) recognizing the
contract as authorized by the Board for implementation of all future work
authorizations; and
B) ratify Emergency Work Order No. 1 to the CM contract with Hedrick Brothers
Construction Co., Inc. establishing a Guaranteed Maximum Price in the amount of
$199,996 for the work to be completed by November 30, 2020.
SUMMARY: This project
consists of the installation of infrastructure for 20 VVS units that are being
supplied by the County. The Construction Manager is providing conduit, cable,
and Soffi-Steel for each of the units. Additionally this work includes the
installation of mounting plates and setting the VVS units on the plates. This
project is an emergency contract in accordance with Palm Beach County
Purchasing Code 2-54 and County PPM CW-L-008. The Director of the Facilities
Development and Operations Department executed this emergency CM contract and
Work Order No. 1 under its construction authority pursuant to the Purchasing
Code Section 2-53(f). Staff is now asking that the Clerk assign the emergency
CM contract a unique resolution number and that the Board of County
Commissioners ratify Work Order No. 1. Pursuant to section 2-80.22 of the Equal
Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project
is exempt from the EBO requirements. The funding source for this project is
the CARES Act Relief fund. (Capital Improvements Division) District
2 (LDC)
7. Staff recommends
motion to approve: an annual contract with the following contractor for
demolition services on an as-needed basis through April 9, 2023.
Contractor Status SBE or Non-SBE
Rapid Removal, Inc. Local
SBE
SUMMARY: On April 10,
2018, the Board of County Commissioners approved the annual demolition contract.
The work consists of demolition services on an as needed basis. The contractor
now joins the list of 12 already prequalified contractors for a total of 13
prequalified contractors with a contract expiration date of April 9, 2023. The
specific requirements of the work shall be determined by individual work orders
issued against this annual contract. These contracts are five year
indefinite-quantity contracts with a maximum cumulative value of $500,000
across all prequalified contractors. Work is to be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors are allowed to qualify at any time and be added to this annual
contract. Projects $100,000 and over are advertised on the vendor self-service website
while projects $200,000 and over are also advertised in the newspaper. Projects
under $100,000 are bid among the pool of pre-qualified contractors (currently
13 have pre-qualified) and for projects over $100,000, the bidding pool is
expanded to include any additional bidders responding to the specific project
advertisement that submit a qualification application at least ten days before
the bid due date. The demolition annual contract was presented to the Goal
Setting Committee on January 2, 2019 and the Committee established Affirmative
Procurement Initiatives of sheltered market for projects under $100,000 or a
Small Business Enterprise contractor will be given a price preference if its
bid is within 10% of the lowest non-small business bid. Actual
Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be
identified on each work order, and will be tracked cumulatively for all work
orders issued. Current cumulative S/M/WBE participation for all work orders
to-date under the demolition Annual is 72.69%. (Capital Improvements) Countywide
(LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends motion
to approve: an annual contract with the following contractors for
general minor construction services on an as-needed basis through February 10,
2025.
Contractor Status SBE or Non-SBE
A) Docks & More Construction Co. Local SBE
B) E&F Florida
Enterprises Inc. Local Non-SBE
dba
Creative Contracting Group
SUMMARY: On February 11,
2020, the Board of County Commissioners (Board) approved the annual minor
construction contract. The work consists of construction services associated with
repairs, improvements and renovations to County properties. The contractors now
join the list of 19 already prequalified contractors for a total of 21
prequalified contractors with a contract expiration date of February 10, 2025.
The specific requirements of the work shall be determined by individual work
orders issued against this annual contract. These contracts are five year
indefinite-quantity contracts with a maximum cumulative value of $5,000,000.
Work is to be awarded as work orders on a lump-sum, competitively bid basis
across all prequalified contractors. Contractors are allowed to qualify at any
time and be added to this annual contract. Projects $100,000 and over are
advertised on the vendor self-service website while projects $200,000 and over
are also advertised in the newspaper. Projects under $100,000 are bid among the
pool of pre-qualified contractors (currently 21 have pre-qualified) and for
projects over $100,000, the bidding pool is expanded to include any additional
bidders responding to the specific project advertisement that submit a qualification
application at least ten days before the bid due date. This annual contract was
presented to the Goal Setting Committee on August 21, 2019. The Committee
applied the following three Affirmative Procurement Initiatives: 1) sheltered
market for projects under $100,000; or 2) a small business enterprise (SBE)
contractor will be given a price preference if its bid is within 10% of the
lowest non-small business bid on a single trade project over $100,000; or 3) a
mandatory 25% SBE subcontracting goal for a multi-trade project over $100,000.
Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation
will be identified on each work order, and will be tracked cumulatively for all
work orders issued. Current cumulative S/M/WBE participation for all work
orders to-date under the minor annual contract is 85.84%. (Capital
Improvements) Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve: continuing services contracts for construction
management at risk services for various capital improvement projects with the
following firms on an as needed basis through November 16, 2025.
Contractor Status SBE or Non-SBE
A) Asset Builders, LLC
d/b/a Messam Construction Local/Glades SBE
B) D. Stephenson Construction, Inc. Local Non-SBE
C) Robling Architecture Construction, Inc. Local SBE
SUMMARY: These contracts
provide for construction management services throughout the design and
construction phases of various capital projects, which may include new construction,
additions, or renovation projects with an estimated construction cost of
$4,000,000 or less. Once a project is assigned to the construction manager at
risk, a task order is developed to authorize preconstruction services. Once the
design phase is complete, a guaranteed maximum price (GMP) will be prepared for
the construction phase. The GMP will include the cost of the work required by
the construction documents and the construction manager’s fee. Individual GMP
will be implemented as amendments or work orders to these annual contracts and
will be presented to the appropriate approval authority. These contracts are
for a period of five years. This continuing construction management contract
was solicited pursuant to the requirements of the Equal Business Opportunity
Ordinance. This continuing construction management contract was presented to
the Goal Setting Committee on December 4, 2019, and the Committee established
Affirmative Procurement Initiatives of a small business enterprise (SBE)
evaluation preference of ten points for the selection and a mandatory 20% SBE
subcontracting goal on the contract. Actual Small/Minority/Women Owned Business
Enterprise participation will be identified on each task order/work
order/amendment, and will be tracked cumulatively. (Capital
Improvements) Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: an annual contract with the following contractor
for asphalt, paving and pathway services on an as-needed basis through June 18,
2023.
Contractor Status SBE or Non-SBE
All-Dade Driveway Maintenance
Co. dba Driveway Maintenance, Inc. Non-Local
Non-SBE
SUMMARY: On June 19, 2018,
the Board of County Commissioners (Board) approved the annual asphalt, paving
and pathway annual contracts (R2018-0907 – R2018-0913). The work consists of
new or repair services of asphalt, paving and pathway construction. The
contractor now joins the list of 13 already prequalified contractors for a
total of 14 prequalified contractors with a contract expiration date of June
18, 2023. The specific requirements of the work shall be determined by
individual work orders issued against this annual contract. These contracts are
five year indefinite-quantity contracts with a maximum cumulative value of
$1,000,000 across all prequalified contractors. Work is to be awarded as work
orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors are allowed to qualify at any time and be added to
this annual contract. Projects $100,000 and over are advertised on the vendor
self-service website while projects $200,000 and over are also advertised in
the newspaper. Projects under $100,000 are bid among the pool of pre-qualified
contractors (currently 14 have pre-qualified) and for projects over $100,000,
the bidding pool is expanded to include any additional bidders responding to
the specific project advertisement that submit a qualification application at
least ten days before the bid due date. The asphalt, paving and pathway annual
contract was presented to the Goal Setting Committee on January 2, 2019, and
the Committee established Affirmative Procurement Initiatives of sheltered
market for projects under $100,000 or a Small Business Enterprise contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. The Small/Minority/Women Owned Business Enterprise
(S/M/WBE) actual participation will be identified on each work order, and will
be tracked cumulatively for all work orders issued. Current cumulative S/M/WBE
participation for all work orders to-date under the asphalt, paving and pathway
annual contract is 79.63%. (Capital Improvements) Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to approve: a contract with Kaufman Lynn Construction, Inc. to
provide construction management at risk services for the Palm Beach Sheriff’s
Office (PBSO) Headquarters Annex – District 1 and Marine Unit project. SUMMARY:
The project includes, but is not limited to, the construction of a new 25,000
square feet facility to house a new PBSO District 1 substation, the PBSO Marine
Unit, vehicle repair shop, specialty vehicle storage shelter, support services
(restroom, conference rooms and a parking lot for guest and staff) and all
associated site improvements. The facility will be located on a six acre site
on Jog Road, south of Belvedere Road in West Palm Beach (Terracina Civic Site).
Through a separate effort, staff is proceeding with the design and construction
of a new Supervisor of Elections (SOE) facility that will house their
administrative offices and production facility. The SOE facility will be built
on the County’s Cherry Road complex, where the PBSO Marine Unit is currently
located. The schedule priority on the construction of the new SOE facility is
tied to the election cycle, this places the design and construction of the
District 1/Marine Unit facility on an expedited completion track, to allow for
commencement of the construction of the new SOE facility. The Construction
Manager (CM) was selected through a competitive solicitation in accordance with
Board of County Commissioners adopted procedures and the Equal Business
Opportunity (EBO) Ordinance. On July 15, 2020, the Goal Setting Committee
established Affirmative Procurement Initiatives of up to five points for a
CM/Small Business Enterprise mentoring partner, and up to ten points for SBE
participation. The CM is not a Small/Minority/Women Owned Business Enterprise
(S/M/WBE). The CM has partnered with M.C.O. Construction and Services, an
S/M/WBE CM, for services in the amount no less than 25% of the CM fee and
overhead/profit earned by the CM. The CM is on notice that all guaranteed
maximum price amendments issued pursuant to this contract will be subject to
the requirements of the EBO Ordinance including requesting an API to be set
prior to bidding the construction subcontracts. The CM is a local Palm Beach
County business. (Capital Improvements Division) Countywide/District 2
(LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
12. Staff recommends
motion to approve:
annual contracts with the following contractors for roofing services on an as-needed
basis through November 16, 2025.
Contractor
Status SBE or Non-SBE
A) Advanced Roofing, Inc. Non-Local Non-SBE
B) Atlas Apex Roofing,
LLC Non-Local Non-SBE
C) Gustafson Industries,
Inc. Local SBE
D) Hi-Tech Roofing &
Sheetmetal, Inc. Local SBE
E) Roofing Concepts
Unlimited/ Florida, Inc. Non-Local Non-SBE
F) The Roof Authority,
Inc. Non-Local Non-SBE
G) Tri State Roofing and
General
Contractors LLC Local SBE
H) Trusted Construction,
Inc. Local S/WBE
SUMMARY: The purpose of this annual contract is to pre-qualify contractors to
provide roofing services. The work consists of roof repairs or replacement
services on an as needed basis. The specific requirements of the work shall be
determined by individual work orders issued against this annual contract. These
contracts are five year indefinite-quantity contracts with a maximum cumulative
value of $3,000,000 across all prequalified contractors. Work is to be awarded
as work orders on a lump-sum, competitively bid basis across all prequalified
contractors. Contractors are allowed to qualify at any time and be added to
this annual contract. Projects $100,000 and over are advertised on the vendor
self-service website while projects $200,000 and over are also advertised in
the newspaper. Projects under $100,000 are bid among the pool of pre-qualified
contractors (currently eight have pre-qualified) and for projects over
$100,000, the bidding pool is expanded to include any additional bidders
responding to the specific project advertisement that submit a qualification
application at least ten days before the bid due date. The roofing annual
contract was presented to the Goal Setting Committee on July 15, 2020, and the
Committee established an Affirmative Procurement Initiatives of sheltered
market for projects under $100,000 (when three or more small businesses are
qualified under the annual contract) or a Small Business Enterprise contractor
will be given a price preference if its bid is within 10% of the lowest
non-small business bid. Actual Small/Minority/Women Owned Business Enterprise
participation will be identified on each work order, and will be tracked
cumulatively for all work orders issued. (Capital Improvements) Countywide
(LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: an annual contract with the following contractor for
low voltage services on an as-needed basis through September 12, 2021.
Contractor Status SBE
or Non-SBE
A3 Communications,
Inc. Non-Local
Non-SBE
SUMMARY: On September 13, 2016, the Board of County Commissioners approved the
annual low voltage contract. The work consists of low voltage construction
services associated with repairs, improvements and renovations to county
properties on an as needed basis. The contractor now joins the list of 22
already prequalified contractors for a total of 23 prequalified contractors
with a contract expiration date of September 12, 2021. The specific requirements of the work shall
be determined by individual work orders issued against this annual contract.
These contracts are five year indefinite-quantity contracts with a maximum
cumulative value of $5,000,000 across all prequalified contractors. Work is to
be awarded as work orders on a lump-sum, competitively bid basis across all
prequalified contractors. Contractors are allowed to qualify at any time and be
added to this annual contract. Projects $100,000 and over are advertised on the
vendor self-service website while projects $200,000 and over are also
advertised in the newspaper. Projects under $100,000 are bid among the pool of
pre-qualified contractors (currently 23 have pre-qualified) and for projects over
$100,000, the bidding pool is expanded to include any additional bidders
responding to the specific project advertisement that submit a qualification
application at least 10 days before the bid due date. The low voltage annual
contract was presented to the Goal Setting Committee on January 2, 2019, and
the Committee established an Affirmative Procurement Initiative of price
preference for Small Business Enterprise contractors if their bid is within 10%
of the lowest non-small business bid. Actual Small/Minority/Women Owned
Business Enterprise (S/M/WBE) participation will be identified on each work
order, and will be tracked cumulatively for all work orders issued. Current
cumulative S/M/WBE participation for all work orders to-date under the low
voltage Annual is 28.45%. (Capital Improvements) Countywide (LDC)
14. MOVED TO REGULAR (NOW 6I-1) Staff recommends motion to approve:
Consultant Services Authorization (CSA) No. 4 to the contract with PGAL, Inc.
(R2019-0984) in the amount of $654,257 to provide professional design services
for the Animal Care and Control Renewal/Repair/ Replacement Project (R/R/R)
located at 7100 Belvedere Road in West Palm Beach. SUMMARY:
This authorization includes
planning, architectural design, mechanical, electrical and plumbing
engineering, civil engineering, landscaping and surveying for the completion of
the schematic design through 50% design development phases for the Animal Care
and Control R/R/R project. The design includes renovations to the three
existing kennels and the existing main building, a new two story addition to
accommodate intake staff and administration, a new larger high bay sally port,
one new indoor/outdoor air conditioned kennel, and a new air conditioned dog
isolation building. PGAL, Inc. is a business with an office in Palm
Beach County and will be using eight Small Business Enterprise (SBE) and
Minority/Women Business Enterprise sub-consultants for the work. The
solicitation for design professionals was advertised on March 17, 2019,
according to the Equal Business Opportunity Program, with the Final Selection
taking place on May 29, 2019. On March 6, 2019, the Goal Setting Committee
established an Affirmative Procurement Initiative requiring a minimum mandatory
goal of 20% SBE participation. The prime consultant is not an SBE but has
committed to 32.02% SBE participation on this consultant services
authorization. To date, the consultant has achieved 32.58% SBE participation
under this contract. The construction cost of this project is estimated at $38,826,718.
This project is funded from the
Infrastructure Sales Tax fund. (Capital Improvements Division) District
2 (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
15. Staff recommends
motion to receive and file: Contingency Use Directive (CUD) Change
Order No. 15 documenting charges against the contingency fund of the
construction management (CM) contract with Hedrick Brothers Construction
Company, Inc. (R2017-0164) in the cumulative amount of $320,625.63 for the Main
County Courthouse Electronics & Security Systems Renewal & Replacement
Project. SUMMARY: On December 18, 2018, the Board of County
Commissioners (Board) approved Amendment No. 1 (R2018-2058) to the CM contract
with Hedrick Brothers Construction Company, Inc. in the amount of
$13,580,467.00 for the renewal/ replacement of electronics and security systems
within the Main County Courthouse, Central Energy Plant, and State
Attorney/Public Defender’s building. CUD Change Order No. 15 includes the
purchase and installation of new fire alarm conduits, which will replace the
existing unusable conduits, credits for unused redundant master and regional
server licenses, and a credit of unused funds from other line items, which
additions and deductions to the project contingency cumulatively totaled
$320,625.63. These changes are funded from the project contingency fund
resulting in a zero dollar change to the contract price and therefore,
consistent with PPM CW-F-050, the CUD Change Order No. 15 was executed by the
Director of the Facilities Development and Operations Department. For
transparency and for informational purposes, staff is bringing CUD Change Order
No. 15 to the Board of County Commissioners as a receive and file item, so the
Board of County Commissioners is aware of charges to the project contingency
fund even though charges to the project contingency fund result in a $0 change
order and do not affect the Board of County Commissioners approved contract
price. The Small Business Enterprise (SBE) goal established by the SBE
Ordinance for this contract is 25%, with 15.5% SBE partner involvement. Hedrick
is partnering with Cooper Construction Management and Consulting, Inc. SBE
participation for this CUD change order is 0%. To date, overall SBE
participation is 33.37%. Hedrick Brothers Construction Co., Inc. is a Palm
Beach County Business and it is anticipated that 97% of the work will be
performed by Palm Beach County businesses. (Capital Improvements Division) District
7 (LDC)
16. Staff recommends
motion to receive and file: an emergency contract with Grid-One
Electrical Construction, Inc. for the Public Safety-Electrical Modifications
project located at 50 South Military Trail, West Palm Beach in the amount of
$43,500 for a period of 30 calendar days from notice to proceed. SUMMARY:
This project consists of, but is not limited to, furnishing the labor,
equipment and tools needed to install ten 20 amp circuits at ten different
locations, ten Connectrac On-floor Wireway systems with 72” long floor channels
and four receptacles, data, and phone outlets for each system. Additionally,
the installation of a one inch conduit in the wall for low voltage wall outlets
at ten different locations, as well as, a 1900 box with mud ring for 120 volt
receptacles, wiring to support three television locations, patch and repair
work for the drywall, and painting as needed. These systems are being installed
to allow for pop-up communication centers during and after a natural disaster
such as a hurricane event while accommodating social distancing requirements
resulting from the COVID pandemic. This project was solicited as an emergency
contract in accordance with Palm Beach County Purchasing Code (Purchasing Code)
Section 2-54 and County PPM CW-L-008. Pursuant to section 2-80.22 of the Equal
Business Opportunity (EBO) Ordinance and the County PPM CW-O-043, this project
is exempt from the EBO requirements. The Director of the Facilities Development
and Operations Department executed this emergency contract under its
construction authority pursuant to the Purchasing Code Section 2-53(f). In
accordance with PPM CW-F-050, staff is submitting this emergency contract to
the Board of County Commissioners as a receive and file item for transparency
and for informational purposes. The funding source for this project is the
CARES Act Relief fund. (Capital Improvements Division) District 2 (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
17. Staff recommends
motion to approve: Amendment
No. 6 to the continuing contract with The Weitz Company, LLC (R2016-0763)
establishing a Guaranteed Maximum Price (GMP) in the amount of $2,637,378 for
construction management (CM) services for the Water Utilities Department Water
Treatment Plants No. 2, 3, 8, 9 and 11 Sodium Hypochlorite Shade Structures
project for a period of 311 calendar
days from notice to proceed or until the project is complete. SUMMARY:
On June 21, 2016, the Board of County Commissioners approved the
continuing CM contract with The Weitz Company, LLC for construction management
services for capital projects under $4,000,000. The Palm Beach County Health
Department has mandated that the Water Utilities Department add shade
structures over all of the Sodium Hypochlorite tanks at five water treatment
plants throughout Palm Beach County in accordance with section 5.4.4.a.2 of the
Recommended Standards for Water Works. These standards dictate that sodium
hypochlorite storage containers shall be located out of the sunlight in a cool
area and vented to the outside. Amendment No. 6 authorizes installation of
shade structures which will allow access to the top of the tanks for
maintenance and refilling of the tanks
at each site and that can withstand hurricane force winds of 120 MPH. The
installation of the shade structures ensures that the correct percentage of
chlorine in each tank is maintained at the required percentage for the
treatment of potable water. 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 not an 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 for this amendment is 10.01%. To
date, the overall SBE participation for the contract is 20.88%. The Weitz Company, LLC is a Palm Beach County
business. This amendment will be funded from the Capital Improvement fund.
(Capital Improvements Division) Districts 2, 5 & 6 (LDC)
18. Staff recommends
motion to approve: an Interlocal Agreement with the City of Boynton
Beach (City) providing the right to utilize specific components of the County’s
Public Safety Radio System from November 17, 2020 through November 16,
2025. SUMMARY: The Interlocal
Agreement (Agreement) provides the standard terms and conditions under which
the City is authorized to access and use certain components of the County’s
Public Safety Radio System (System) in order to achieve interoperability. This
Agreement, when effective, terminates the City’s participation in the South Hub
Interlocal Agreement (R2016-0623). This Agreement requires the City to pay its
pro rata share of the operation and maintenance costs associated with the
County’s SmartZoneTM Controllers, which were installed in order to
provide interoperability between Cities’ and the County’s individual systems.
The operations and maintenance costs for FY 2021 are $90,000, a proportionate
share of which will be paid by the City based on upon the number of active
talkgroups the City operates. This Agreement
may be terminated by the County for cause or terminated by the City, with or
without cause, with a minimum of 60 days’ notice. (ESS) Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to receive
and file: the following four
documents:
A) Standard Subordination Agreement with Popular Bank under the State
Housing Initiative Partnership (SHIP) Program;
B) Assumption and Consent Agreement with Malibu Bay Preservation, Ltd., and
Executive Trust, Ltd., under the SHIP Program;
C) Subordination and Intercreditor Agreement with Malibu Bay Preservation,
Ltd., and Citibank, N.A., under the SHIP Program; and
D) Second Global Modification and Amendment of Mortgage and Security
Agreement and Other Loan Documents and its attached Loan Rider with Malibu Bay
Preservation, Ltd., under the SHIP Program.
SUMMARY: The documents have been executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Department of Housing and Economic
Sustainability in accordance with Agenda Item 5B-2 and 3I-5, as approved by the
BCC on November 2, 1999, and August 25, 2020, respectively. The Standard Subordination
Agreement with Popular Bank subordinated the County’s mortgage which secured a
SHIP loan of $230,000 to Creative Choice Homes X, Ltd., for the construction of
Mystic Woods II, a 92 unit affordable rental project. Popular Bank is refinancing a $4,350,000
first mortgage loan to Creative Choice Homes X, Ltd. The Assumption and Consent Agreement, the
Subordination and Intercreditor Agreement and the Second Global Modification
and Amendment of Mortgage and Security Agreement and Other Loan Documents and
its attached Loan Rider were executed in connection with the Malibu Bay project
where the County provided Executive Trust, Ltd., a $262,000 loan from the SHIP
Program for the construction of 262 affordable rental housing units which must
be occupied by tenants having incomes at or below 60% of area median
income. In this transaction the County
agreed to the assumption of the SHIP loan by Malibu Bay Preservation, Ltd., who
purchased the Malibu Bay property from Executive Trust, Ltd., and the County subordinated
its mortgage which secured the $262,000 loan to a first mortgage of $40,000,000
from Citibank, N.A. In accordance with
County PPM CW-O-051, all delegated contracts, agreements and grants must be
submitted by the initiating Department as a receive and file agenda item. SHIP
funds are State funds which require no local match. Districts 1 & 7
(HJF)
2. Staff recommends
motion to approve:
A) an agreement to Terminate Economic Development Incentive Grant Agreement
between Palm Beach County and MobileHelp, LLC (Company);
B) a budget transfer of $45,000 from the Economic Development Incentives
Fund to the General Fund; and
C) a budget amendment of $45,000 in the General Fund to recognize the
transfer from the Economic Development Incentives Fund to the General Fund.
SUMMARY: On January 15, 2019, the County entered into an Economic Development
Incentive Agreement (R2019-0158) with the Company to provide an incentive in
the form of a cash grant not to exceed $45,000 over a six year period to meet
the local match requirement to the State’s Qualified Target Industry (QTI) Tax
Refund Program. In January 2020, the Company requested to withdraw from the
incentive program at the State, County, and municipal levels. To date, the
County has not disbursed any funds pursuant to the Agreement. Execution of this
agreement to Terminate Economic Development Incentive Agreement will terminate
the original agreement. The $45,000 cash
match funded by the general fund contingency reserve is being returned to the
general fund. District 4 (DB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to:
A) receive and file a Coronavirus Relief Fund (CRF) Subrecipient
Agreement with Florida Housing Finance Corporation (FHFC)
B) receive and file a first amendment to Agreement Number 084-2020 with
FHFC; and
C) approve a budget amendment of $2,674,846 to appropriate funds in the CRF Program
fund 1160.
SUMMARY: The documents have been executed on behalf of the Board of County Commissioners (BCC) by the County
Administrator and the Director of the Department of Housing and Economic
Sustainability in accordance with Agenda Item 6D-3, as approved by the BCC on August 25, 2020.
The CRF Subrecipient Agreement with FHFC provides the County $3,685,932
to assist Floridians impacted by the Coronavirus (COVID-19) crisis. The first
amendment to Agreement Number 084-2020 increases the CRF grant funds to be
received by the County from FHFC by $2,674,846, bringing total funding to
$6,360,778. Funding will be used to
assist low to moderate income households (AMI not to exceed 120%) with eligible
emergency repairs for homeowners with COVID hardship. These funds must be expended by December 30,
2020. In accordance with County
PPM CW-O-051, all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These
are Federal funds received through the State and requires no local match. Countywide
(HJF)
4. DELETED FOR FURTHER STAFF REVIEW: Staff
recommends motion to receive and file: the following
three documents:
A) Grant Agreement/Funding Approval with the U.S. Department of Housing and
Urban Development (HUD) in the amount of $6,689,932 for the Fiscal Year
2020-2021 Community Development Block Grant Program (CDBG);
B) Funding Approval and HOME Investment Partnerships Agreement with HUD in
the amount of $2,391,052 for the Fiscal Year 2020-2021 HOME Investment
Partnerships Program (HOME); and
C) Grant Agreement/Funding Approval with HUD in the amount of $562,941 for
the Fiscal Year 2020-2021 Emergency Solutions Grant Program (ESG).
SUMMARY: The documents were executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Department of Housing and Economic
Sustainability (DHES) in accordance with Resolution R2020-0926, approved by the
BCC on July 14, 2020, that delegated such authority to the County Administrator
or designee. The grant agreements/funding approvals which constitute the
contracts between HUD and the County for the receipt of Federal funds are now
being submitted to the BCC to receive and file. In accordance with County PPM
CW-O-051, all delegated contracts, agreements and grants must be submitted by
the initiating Department as a receive and file agenda item. The ESG required
local match ($562,941) will be provided by Adopt A Family of the Palm Beaches,
Young Women’s Christian Association, Salvation Army, Aid to Victims of Domestic
Abuse, Inc., the Department of Community Services, and DHES. The HOME required
local match ($508,099) will be provided from the State Housing Initiatives
Partnership Program. CDBG funds require
no local match. Countywide (HJF)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: an Interlocal Agreement with the Town of Jupiter for implementation of
tax exemptions on improvements to historical designated properties. SUMMARY: The County’s
historic property tax exemption ordinance applies to qualifying properties in
the unincorporated area and municipalities.
In accordance with the ordinance, this Interlocal Agreement delegates
review of the properties within the Town of Jupiter to the municipal historic
preservation agency at no cost to the County. The County has similar agreements
with other municipalities dating back to the 1990s. This agreement will bring the Town of Jupiter
in line with the other municipal governments. BCC District 1; Initiator:
Town of Jupiter (RPB)
K. WATER UTILITIES
1. Staff recommends
motion to approve: Work Authorization (WA) No. 5 to the 2019 Pipeline Continuing Construction Contract (Contract) with Centerline
Utilities, Inc. (Centerline) for the Water
Main Replacement on South Main Street from SE Avenue K to Ice House in Belle
Glade (Project) in the amount of $964,139.99. SUMMARY: On July 14,
2020, the Board of County Commissioners approved the Palm Beach County Water Utilities Department (PBCWUD) Contract
(R2020-0862) with Centerline.
WA No. 5 provides for the installation of approximately 4,800 linear feet of
6-inch, 8-inch, 10-inch and 12-inch water main and associated fire hydrants and
water services along South Main Street (State Road 80) and County Road 827-A in
Belle Glade.
This Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On January 15, 2020,
the Goal Setting Committee applied an Affirmative Procurement Initiative of a
mandatory 20% Small Business Enterprise (SBE) subcontracting participation of
which 5% shall be among certified African American and/or Hispanic American
owned firms. The Contract provides for 20.05% SBE participation, which includes
10.29% MBE participation, 6.51 MBE (H) and 3.78% MBE (B). WA No. 5 includes
20.24% SBE participation which includes 7.05% MBE participation, 7.05% MBE (H).
The cumulative SBE participation including WA No. 5 is 20.93% SBE, which
includes 11.06% MBE (H). Centerline is
headquartered in Palm City, Florida, but maintains an office in Palm Beach
County from which the majority of the work under WA No. 5 will be
undertaken. The Project is included in
the PBCWUD FY21 budget. (PBCWUD Project No. 18-078) District 6 (MJ)
2. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 16 to the Consulting/Professional Services
General Utility, Architectural, and Value Engineering Services Contract (Contract) with Baxter & Woodman, Inc.
(Consultant) for Improvements to Lift Stations 5195 and 8119 (Project) for a
total price amount of $209,798.99. SUMMARY: On June 20, 2017, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2017-0815) with
the Consultant. CSA No. 16 provides
for professional engineering services related to design and permitting of
improvements to Lift Stations 5195 and 8119.
These services include survey, data collection, design, construction
plans, permitting, and bid support services.
The Project includes preliminary design reports to abandon Lift Station
5195 and relocate Lift Station 8119. 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 goal established under the 2002 Ordinance was 15%
overall participation. The Contract provides for 26% SBE participation. CSA No.
16 includes 43.24% SBE participation. The cumulative SBE participation
including CSA No. 16 is 31.02%. Consultant is headquartered in Crystal Lake,
IL, but maintains an office in Palm Beach County from which the majority of the
work will be performed. The Project is included in the PBCWUD FY21
Budget. (PBCWUD Project No. 20-047) Districts
2 & 6 (MJ)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: Supplement No. 1, Work Authorization (WA) No. 4, to
the Contract for Optimization and Improvements Design-Build (Contract) with
Globaltech, Inc., (Globaltech) for the Water Treatment Plant (WTP) No. 3 and 9
Chlorination System Improvements (Project) in the amount of $271,731.55 and for
an additional 120 days project time extension. SUMMARY: On January 15, 2019, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2019-0099) with Globaltech. Supplement No. 1, WA No. 4,
provides for changing the location of the sodium hypochlorite dilution skids
thereby necessitating sun shades, furnishing and installing roofs over the top
of the sodium hypochlorite feed pumps inside the chlorine rooms, and changing
the single-wall Chlorinated Polyvinyl Chloride piping outside the containment
areas to double-wall fused polyethylene piping. 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 58% SBE
participation which includes 12% M/WBE participation, 10% MBE (H), 1% MBE (B)
and 1% MBE (O). Supplement No. 1, WA No.
4, provides for 100% SBE participation, which includes 1.47% MBE (O). The
cumulative SBE participation including Supplement No. 1, WA No. 4 is 98.35%,
which includes 8.80% MBE, 0.31% (B), 7.60% (H) and 0.89% (O). Globaltech is a
Palm Beach County based Company. The Project is included in the PBCWUD FY21
budget. (PBCWUD Project No. 19-025) District 5 (MJ)
4. Staff recommends
motion to approve: Change Order (CO) No. 5 with Florida Design Drilling
Corporation (FDD) for the Water
Treatment Plant Nos. 3 and 9 Wellfield Improvements Project Phase 1 (Project)
in the amount of $21,925.25 and 66 calendar days. SUMMARY: On
December 5, 2017, the Board of County Commissioners (BCC) approved the Palm
Beach County Water Utilities (PBCWUD) Contract for the Water Treatment Plant
Nos. 3 and 9 Wellfield Improvements Project Phase I (R2017-1820). The Project
includes rehabilitation of three surficial production wells located in Boca
Raton and the replacement of eight surficial production wells located in Delray
Beach and Boca Raton. On April 16, 2019 the BCC entered into a Settlement
Agreement with Cove Club Investors, LTD, a Florida limited partnership d/b/a
Boca Dunes Golf & Country Club (Cove Club) (R2019-0487). The settlement
agreement included a construction restriction within the PBCWUD utility easement
from October 1st to April 30th. CO No. 5 will add 66
calendar days to the contract with FDD to accommodate the delayed construction
start within the utility easement located on the Boca Dunes Golf Course. CO No.
5 also includes $17,328.05 for utility easement access improvements at Boca
Dunes Golf Course and $4,597.20 for miscellaneous concrete and piping work. CO
No. 5 exceeds the approval limits in County PPM CW-F-050 and requires BCC
approval. 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 contract with FDD provides for 0.58% SBE
participation. CO No. 5 includes 0%
overall participation. The cumulative SBE participation including CO No. 5 is
6.57%. FDD is a Palm Beach County based
Company. The Project is included in the PBCWUD FY21 Budget. (PBCWUD
Project No. 16-017) District 5 (MJ)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
5. Staff recommends
motion to receive and file: Change
Order (CO) No. 3 for the CD02 Reclaimed Water Main Improvements 24-inch
Reclaimed Water Main Extension Under Florida’s Turnpike west of Southern Region
Water Reclamation Facility (Project) with D.B.E. Management, Inc., dba DBE
Utility Services (Contractor) in the amount of $3,500 and for an additional 76
calendar days project time extension. SUMMARY:
On June 18, 2019, the Board of County Commissioners (BCC) approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2019-0856) with
Contractor. CO No. 1 was approved by PBCWUD in the amount of $6,000 and
provided for a 30-day time extension. CO No. 2 was approved by the Contract
Review Committee (CRC) in the amount of $0 and provided for a 60-day time
extension. CO No. 3 was approved by the
CRC on September 2, 2020, in the amount of $3,500.00 and provided for a 76-day
time extension. CO No. 3 was granted as
a result of impacts of COVID-19 to the project schedule, delay in delivery of a
valve actuator, and addition of a retaining wall to a concrete slab for the
valve actuator. The cumulative time extension including CO Nos. 1, 2 and 3 is 150
days. County PPM CW-F-050 requires BCC
notification when the cumulative limit of 120 days has been reached to reset
the applicable time limit approvals. (PBCWUD Project No. 17-062) District 5
(MJ)
6. Staff recommends motion to approve: contracts for Consulting/Professional Services for three year terms with the following firms:
A) CDM Smith Inc., (CDM) for the Water Treatment and Water Resources Engineering Services (WTWRES); and
B) Engenuity Group, Inc. (Engenuity) for the Surveying and Mapping Services (Surveying)
SUMMARY: The contracts
will provide professional engineering, surveying and mapping services for Palm
Beach County Water Utilities Department (PBCWUD) projects. The contract with CDM was procured under the
requirements of the Equal Business Opportunity (EBO) Ordinance. The WTWRES contract was
presented to the Goal Setting Committee (GSC) on September 18, 2019, and a minimum mandatory 20% SBE
subcontracting goal and an evaluation preference for up to 15 points based upon
the relative level of dollar participation by certified African American owned
firms were the Affirmative Procurement Initiatives (API) applied to the WTWRES
contract. CDM has met the established APIs for this contract. The contract with
CDM provides for 21% SBE participation which includes 19% M/WBE participation,
19% MBE (B). While CDM is headquartered in Boston, Massachusetts, they maintain
an office in Palm Beach County from which the majority of the work under this contract
will be performed. The contract with Engenuity was procured under the
requirements of the EBO Ordinance. The Surveying contract was presented
to the GSC on October 2, 2019, and an SBE Evaluation for prime bidders was the
API applied to the Surveying contract. Engenuity has met the established API
for this contract. The contract with Engenuity provides for 100% SBE
participation. Engenuity is a Palm Beach County based company. (PBCWUD Project Nos. 19-076R and 19-081) Countywide
(MJ)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to adopt: a resolution
requesting the State of Florida Department of Environmental Protection (FDEP)
support appropriation of funds for Palm Beach County’s Shore Protection
Projects (Projects) within its FY2021/2022 Beach Management Funding Assistance
Program. SUMMARY: The County
is requesting that FDEP appropriate $2,224,804 for three shoreline restoration
Projects in FY2021/2022. The resolution is a requirement of Florida
Administrative Code Rule 62B-36.005, which provides that the local sponsor (i.e.,
the County) must submit a resolution by its governing board declaring support
for the Projects, willingness to serve as the local sponsor, and ability and
willingness to provide the necessary local funding share to implement the
Projects. If the Florida Legislature approves funding for all of the Projects,
the County’s matching share would be $1,568,713. The County is requesting
$35,000 for the Coral Cove Dune Restoration Project, $839,804 for the Singer
Island Dune Restoration Project, and $1,350,000 for the South Lake Worth Inlet
Management Plan. Districts 1, 4, & 7 (SS)
2. Staff recommends
motion to approve: the reappointment of the following individual to
the Groundwater and Natural Resources Protection Board (GNRPB) for a three-year
term beginning November 17, 2020 through November 16, 2023.
Seat No. Reappoint Seat
Requirement Term Ending Nominated by
6 David J. Levy Hydrologist
or 10/02/20 Florida
Association
Hydrogeologist of Professional
Geologists
SUMMARY: The GNRPB is comprised of seven members as
specified in Article 2.G.3.F.3 of the Unified Land Development Code
(ULDC). The membership consists of one
professional engineer, one attorney, one hydrologist or hydrogeologist, one
citizen possessing expertise and experience in managing a business, one
biologist or chemist, one concerned citizen, and one member of an environmental
organization. Ordinance 92-20 and Article 2.G.3.F.3 of the ULDC requires that
Seat No. 6 be filled by a hydrologist or hydrogeologist. The GNRPB has seven
seats, with seven seats currently filled and diversity count of Caucasian: 5
(71.5%), African-American: 2 (28.5%), and Hispanic-American: 0 (0%). The gender
ratio (female:male) is 4:3. Seat No. 6 nominee is a Caucasian male. Staff
continues to address the need for increased diversity within our boards and
will continue to encourage expansion of this Board’s diversity. Countywide
(SS)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
3. Staff recommends
motion to:
A) approve a Partial
Assignment of Easement Agreement for Dune Restoration with the Town of Jupiter
Island (Town) for seven easements located within the Coral Cove Dune
Restoration Project area, effective upon execution up execution and for the
term of 10 to 50 years; and
B) authorize
the County Administrator or designee to sign all future time extensions, certifications,
and other forms associated with the Partial Assignments, and any necessary
minor amendments that do not substantially change the scope of work, terms, or
conditions of the Partial Assignments.
SUMMARY: The Town is scheduled to conduct a dune
restoration project within the Martin County limits immediately north of the
Coral Cove Dune Restoration Project area. Construction equipment access to the
Town’s project area is not possible from the north through Blowing Rocks
Preserve, therefore the Town’s only other option is to access the area from
Coral Cove Park. These seven Partial
Assignments will grant the Town the same access rights across the
privately-owned sandy beach that are granted to the County by the Easement
Agreements for Dune Restoration approved by the Board on October 6, 2020. The
County will still continue to retain said access rights. Due to natural
movement of sand from north to south, any updrift sand placement is expected to
benefit County beaches over the long term. There is no cost to the County. District 1 (SS)
4. Staff recommends
motion to approve:
A) Contract No. 2020ERM03 (Contract) with Great Lakes Dredge & Dock Company, LLC in the amount of $21,182,985 providing construction services for the North County Comprehensive Shore Protection Project (Project) for a term beginning upon execution and expiring on April 30, 2022; and
B) a budget amendment of $12,853,908 to the Beaches Fund
to recognize allocated Federal Emergency Management Agency (FEMA) funding for
the Project Segment III.
SUMMARY: The Contract will furnish all work,
materials, labor, supervision, equipment, supplies, fees, expertise, and
services necessary for beach renourishment along approximately 1.6 miles in the
Town of Jupiter (Segment 1) and 2.4 miles in the Town of Juno Beach (Segment
3). The work includes placing 969,600 cubic yards of sand along Segment III and
416,000 cubic yards along Segment I. Segment III construction may be initiated
after November 18, 2020 and must be complete by April 30, 2021. Segment I construction may be initiated after
November 1, 2021 and must be complete by April 30, 2022. Two sealed bids were
received by the Department of Environmental Resources Management on September
25, 2020. Great Lakes Dredge & Dock Company, LLC, a Chicago, Illinois
company, was the lowest responsive, responsible bidder with 0% Small Business Enterprise (SBE) participation. As a
federally funded project, the Contract is exempt from the Office of Equal
Business Opportunity (OEBO) ordinance. Federal rules prohibit local geographical preferences in
procurements funded by FEMA. Therefore, the County’s SBE Program, Local
Preference, Glades Local Preference, Glades Resident Incentive, and Apprentice
Incentive were not included in this competitive solicitation. The
Project is funded by FEMA Contract #Z0596 (R2019-0458) as amended by
Modification #Z0596-2 (R2019-1556) providing $12,853,908, FDEP Agreements 19PB1
(R2019-1541) providing $3,450,433 and 20PB2 (R2019-1539) providing $714,106,
and Beach Improvement funds totaling $4,164,538. District 1 (YBH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: a fully executed Project Agreement Amendment
with the Florida Inland Navigation District (FIND) Waterways Assistance Program
Grant PB-18-200 for the redevelopment of the Ocean Inlet Park Marina extending
the project completion date from September 30, 2020 to September 30, 2021.
SUMMARY: The County was awarded
a $200,000 FIND grant in 2018 to fund a portion of the planning, design and
permitting costs associated with the redevelopment of Ocean Inlet Park Marina.
The term of the grant agreement (R2018-2025) was from October 30, 2018 until
September 30, 2020. A Project Agreement Amendment was approved by FIND granting
a one year time extension and was executed on behalf of the County by the Parks
and Recreation Department Director who serves as the County Administrator’s
designee. The Department is now submitting the fully executed Project Agreement
Amendment to the Board to receive and file. There are no other changes to the
terms of the Agreement as a result of this Amendment. District 4 (AH)
2. Staff recommends
motion to:
A) ratify the signature of the Mayor on a
Florida Coastal Partnership Initiative (FCPI) grant application submitted to
the State of Florida Department of Environmental Protection (FDEP), requesting
$25,000 for the Phil Foster Park ADA Accessibility Project;
B) authorize the County Administrator or designee to execute the
Grant Agreement and all future time extensions, task assignments,
certifications, standard forms, or amendments to the Agreement that do not
change the terms and conditions of the Agreement if the grant is approved; and
C) authorize the Director of the Parks and Recreation Department
to serve as Liaison Agent with FDEP for this project.
SUMMARY: This grant application requests $25,000 in FCPI funding for the Phil
Foster Park ADA Accessibility Project. Grant project elements include the purchase
and installation of an approximately 145 foot long roll-out accessibility mat
and the purchase of five floating wheelchairs. These improvements will provide
beach and water access to park patrons with mobility issues. The grant request is for $25,000 and requires
a $25,000 (1:1) match which will be funded from the Park Improvement Fund.
If the grant is awarded, project
construction is required to be completed between July 1, 2021 and
June 30, 2022. District 7 (AH)
3. Staff recommends motion
to approve: an Amendment No. 01 to Lease No. LS060854 between
the South Florida Water Management District (District) and Palm Beach County
for the 313-acre West Delray Regional Park property located west of State Road
7 and north of West Atlantic Avenue to extend the lease for one additional
year. SUMMARY: On February 28,
2006, the County entered into a seven year lease agreement (R2006-0382) with
the District for District-owned property known as the Palm Beach Downs
property. The lease commenced on the
date of execution and ran until 2013 and was automatically extended for
additional one-year terms until January 1, 2021. The County is now entering into an amendment
that will provide an extension of the lease for one additional year to January
1, 2022. The County and the District
will enter into negotiation for a long-term lease in 2021 that will provide the
County site control for an extended period of time. A long-term lease will allow the County to
apply for a variety of development grants and provides a sufficient amount of
time to justify the construction and operation of permanent improvements. District 5 (AH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
4. Staff recommends
motion to approve: a budget transfer
of $147,100 within the 2006 $50 Million General Obligation Waterfront Access
Bond Fund to the Ocean Inlet Park and Marina Renovations project. SUMMARY: This budget transfer will provide additional funding necessary for the Ocean Inlet Park and Marina Renovations
project. Project elements include replacement of the bulkhead,
demolition of the fixed docks, construction of four new fixed docks for public
safety use and three floating day-use docks for public use. Funding
for this budget transfer is from 2006 $50
Million General Obligation Waterfront Access Bond Fund and will include not
only reserves but also the Bert Winters Park project remaining balance.
Construction bids for the Bert Winters Park Boat Ramp Expansion project were
lower than anticipated and this project has been completed. District 4 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to approve: one reappointment
to the Fire Code Board of Appeals and Adjustments beginning November 17, 2020
through September 30, 2023.
Nominee Category Seat No. Nominated By
George Heisel Resident
At-large 8 Comm.
Kerner Comm. Weiss
SUMMARY: The Fire
Code Board of Appeals and Adjustments is maintained in accordance with the Palm
Beach County Local Amendments to the Florida Fire Prevention Code (Section
12-57, Palm Beach County Code). On July 17, 2020 a memo was distributed to the
Commissioners requesting nominations to this eight member board
(At-Large). This board is appointed by
the Board of County Commissioners and members serve no more than three
consecutive three year terms. No other nominations were received. The Board consists of eight members. Upon approval
of this item, five seats will be filled with a diversity count of Caucasian: 5
(100%) and African-American: 0 (0%), and a gender ratio (male:female) of 4:1.
The candidate nominated for reappointment is a Caucasian male. Staff will
continue to address the need to increase diversity on our boards. Countywide (SB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
T. HEALTH DEPARTMENT
1. Staff recommends
motion to approve:
A) a contract with
the Department of Health (DOH) in the amount of $2,177,587 for Environmental
Health and Engineering programs provided by the Palm Beach County Health
Department (CHD) for the period October 1, 2020 through September 30, 2021; and
B) an addendum to the contract to
clarify:
1) Paragraph 6.a. - as State
employees/personnel, CHD employees are not "officers, agents, or employees
of the County";
2) Paragraph 7.c. - The County
shall assure that insurance coverage for vehicles is available through either a
self-insurance program or insurance purchased by the County except for
insurance referenced in paragraph 7.e.;
3) Paragraph 7.d. - The County
shall be named as additional insured on any agreement in which the CHD
contracts or subcontracts any work to be performed on the premises to a third
party; and
4) Paragraph 7.e. - As a State
agency, the CHD agrees to be responsible for its own, its officers',
employees', or agents' negligent acts, or omissions, or tortuous acts, which
result in claims or suits against the parties, and agrees to be liable for any
damages proximately caused by said acts or omissions.
SUMMARY: This contract sets forth the funding responsibilities of
the DOH and the County for the operation of the CHD. The State and County share
in the funding of the $9,638,911 Environmental Health Budget. The State's share
is $2,766,705 (28.7%), primarily from State general revenue and fees. Funding
from the County's FY 2021 budget is $2,177,587 (22.59%), which includes
Childcare Enforcement & Control Funding in the amount of $126,888 and is a
2.91% increase to FY 2020 funding. The remaining local share (48.7%) is
comprised of County authorized fees of $3,214,391 (33.35%), federal funds of
$400,013 (4.15%), Department of Environmental Protection (DEP) Funds of
$111,056 (1.15%), and Air Pollution Tag Fees of $969,059 (10.05%). County
funding is used primarily for staff related salaries and benefits. The
environmental staffing is responsible for surveillance of public drinking water
systems, permitting and inspection of septic tanks, regulation of air pollution
sources, inspection and licensing of childcare and other group care facilities,
and other duties related to environmental health. The Childcare Enforcement
& Control funding provides for a full-time attorney/Hearing Officer and a
half-time paralegal position to provide counsel for the Child Care Advisory
Council and to serve as Acting Environmental Control Officer for the
Environmental Control Hearing Board. County funds are included in the FY 2021
budget. No additional funds are requested. County staff requested certain
changes to the State's standard contract in order to clarify the insurance and
liability provisions. The State preferred including these in an Addendum
instead of revising the standard contract. Countywide (HH)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to receive and file: the following Declarations and Emergency
Orders related to Hurricane Dorian:
A)
Declaration of State of
Local Emergency Palm Beach County (PBC), FL, dated August 29, 2019;
B)
Evacuation Order to Reduce
Vulnerability to Damage, Injury, and Loss of Life or Property Resulting from an
Imminent Threat PBC, FL, dated September 1, 2019;
C)
Reentry Order PBC, FL,
dated September 3, 2019;
D)
Extension of State of Local
Emergency PBC, FL, dated September 4, 2019; and
E)
Extension of State of Local
Emergency PBC, FL, dated September 12, 2019.
SUMMARY: Beginning August 29, 2019, at 12:00 p.m.,
Palm Beach County declared a State of Local Emergency due to the impending
arrival of Hurricane Dorian. The State
of Local Emergency was declared to initiate emergent actions taken by the
County Administrator to ensure the health, safety and welfare of the
community. The Evacuation Order to Reduce Vulnerability for Evacuation
Zones A and B; was issued on September 1, 2019, at 1:00 p.m. to reduce the vulnerability
of people in communities in Palm Beach County as part of Hurricane Dorian’s
impact. There was an oversight by staff
that these documents required receiving and filing, therefore they are being
processed at this time. Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
2. Staff recommends
motion to receive and file: the following Declarations and Emergency Orders (EO) related to COVID-19.
A)
Declaration of Continuing
State of Emergency PBC, FL, dated July 16, 2020;
B)
Declaration of Continuing
State of Emergency PBC, FL, dated July 24, 2020;
C)
Declaration of Continuing
State of Emergency PBC, FL, dated July 30, 2020;
D)
Declaration of Continuing
State of Emergency PBC, FL, dated August 5, 2020;
E)
EO Number 17 (2020-017),
adoption of state executive orders by reference and enforcement of county
emergency orders dated August 7, 2020;
F)
EO Number 18 (2020-018),
revised restriction on operating hours of restaurants, food establishments, and
other businesses and clarification of current business closures dated August
11, 2020;
G)
Declaration of Continuing
State of Emergency PBC, FL, dated August 13, 2020; and
H)
EO Number 19 (2020-019),
vacation and short-term rentals, dated August 21, 2020.
SUMMARY: On March 9, 2020, the Governor issued
Executive Order No. 20-52 declaring a State of Emergency in the State of
Florida based on the on–going risk posed by COVID-19, including the fact that
at least eight Florida counties had reported positive cases of COVID-19. The
County issued a State of Local Emergency on Friday, March 13, 2020. The State
of Local Emergency was declared to initiate emergent actions taken by the
County Administrator to ensure the health, safety and welfare of the
community. Multiple Emergency Orders and Declarations were issued in
response to COVID-19 response activities. The County’s Emergency Operation
Center was activated to a Level 2 activation at 0700 hours on Monday, March 16,
2020. Pursuant to PBC Code Article II,
Section 9-35, in the event a special meeting of the Board of County
Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a
State of Local Emergency. With the executed State of Local Emergency, resources
were available through the Coronavirus Aid, Relief, and Economic Security Act
and or Federal Emergency Management Agency Public Assistance. Staff were then
able to purchase equipment, materials, supplies, and open non-congregate
shelters for residents and persons who may be in need of isolation. Countywide
(LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to receive and file: the following Declarations and Emergency Orders (EO) related to COVID-19:
A)
Declaration of Continuing
State of Emergency PBC, FL, dated August 20, 2020;
B)
EO Number 20 (2020-020),
extension of facial coverings directive, dated August 21, 2020;
C)
Declaration of Continuing
State of Emergency PBC, FL, dated August 27, 2020;
D)
EO Number 21 (2020-021),
additional directive on recreational facilities, dated August 27, 2020;
E)
EO Number 22 (2020-022),
tanning, tattooing, and body piercing, dated August 30, 2020;
F)
Declaration of Continuing
State of Emergency PBC, FL, dated September 2, 2020;
G)
EO Number 23 (2020-023),
revised operating hour restrictions on serving food and/or alcohol for on
premises consumption and other business hours, dated September 3, 2020; and
H)
EO Number 24 (2020-024),
Phase 2, step 1 re-opening, dated September 4, 2020
SUMMARY: On March 9, 2020, the Governor issued
Executive Order No. 20-52 declaring a State of Emergency in the State of
Florida based on the on–going risk posed by COVID-19, including the fact that
at least eight Florida counties had reported positive cases of COVID-19. The
County issued a State of Local Emergency on Friday, March 13, 2020. The State
of Local Emergency was declared to initiate emergent actions taken by the
County Administrator to ensure the health, safety and welfare of the
community. Multiple Emergency Orders and Declarations were issued in
response to COVID-19 response activities. The County’s Emergency Operation
Center was activated to a Level 2 activation at 0700 hours on Monday, March 16,
2020. Pursuant to PBC Code Article II,
Section 9-35, in the event a special meeting of the Board of County
Commissioners (BCC) cannot be convened, the Mayor of the BCC may declare a
State of Local Emergency. With the
executed State of Local Emergency, resources were available through the
Coronavirus Aid, Relief, and Economic Security Act and or Federal Emergency
Management Agency Public Assistance. Staff were then able to purchase
equipment, materials, supplies, and open non-congregate shelters for residents
and persons who may be in need of isolation. Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
4. Staff recommends
motion to:
A)
receive and file a
federally-funded executed Subaward and Grant Agreement, (G0155) for FY2020-21
in the amount of $63,629.22 for the Emergency Management Performance Grant,
Coronavirus Disease (COVID-19) Supplemental (EMPG-S) with the State of Florida,
Division of Emergency Management to receive grant funding for the period April
27, 2020 through June 30, 2021, to improve and enhance emergency management
plans and programs and provide operational support to maintain state required
programs; and
B)
approve a budget amendment
of $63,630 in the CARES Act Relief Fund to recognize grant funding for the
EMPG-S.
SUMMARY: The EMPG-S grant (CFDA #97.042)
is a federally funded grant and is specific for related COVID-19 activities.
These funds are to support the prevention of, preparation for, and response to
the ongoing COVID-19 public health emergency.
R2012-1731 dated November 20, 2012, gave authority to the County
Administrator or designee to execute these EMPG agreements on behalf of the
Board of County Commissioners. A
dollar for dollar match is required for the EMPG-S grant. Match requirements
are included in the County budget. Countywide (LDC)
5. Staff recommends
motion to:
A) receive and file a federally-funded executed Grant Agreement
(G0159) for FY2020-21 in the amount of $283,109 for the Emergency Management Performance
Grant (EMPG) with the State of Florida, Division of Emergency Management to
receive grant funding for the period July 1, 2020 through June 30, 2021, to
improve and enhance emergency management plans and programs and provide
operational support to maintain state required programs; and
B) approve
a budget amendment of $215,894 in the EMPG to adjust the budget to the actual
award of $283,109.
SUMMARY: The EMPG grant (CFDA #97.042) is federally funded and recurs annually.
The grant will be used to further enhance emergency planning, response,
mitigation, and recovery in the County. R2012-1731
dated November 20, 2012, gave authority to the County Administrator or designee
to execute these agreements on behalf of the Board of County Commissioners. A dollar for dollar match is required for
the EMPG grant. Match requirements are included in the County budget. Countywide
(LDC)
6. Staff recommends
motion to receive and file:
A)
Declaration of a State of
Emergency Palm Beach County (PBC), FL for Tropical Storm Isaias, dated July 30,
2020; and
B)
Voluntary Evacuation Order
to Reduce Vulnerability PBC, FL, dated August 1, 2020
SUMMARY: Beginning July 30, 2020, at 1:00 p.m., Palm
Beach County declared a State of Local Emergency due to the impending arrival
of Tropical Storm Isaias. The State of
Local Emergency was declared to initiate emergent actions taken by the County
Administrator to ensure the health, safety and welfare of the community.
The Voluntary Evacuation Order to Reduce Vulnerability for Evacuation Zone A,
was issued on August 1, 2020, at 12:45 p.m. to reduce the vulnerability of
people in communities in Palm Beach County as part of Tropical Storm Isaias’s
impact. Countywide (LDC)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
7. Staff recommends
motion to receive and file: the fourth amendment to contract for Adult
Reentry Services (R2019-1568) with The Lord’s Place, Inc. (TLP) to reallocate
$7,900 from the Florida Department of Corrections (FDC) from client support
services to pre-release case management. SUMMARY: Palm Beach County
Division of Justice Services subcontracts with three reentry providers to
coordinate adult and juvenile reentry services to those returning to Palm Beach
County from incarceration. On October 8, 2019, the Board of County
Commissioners authorized the County Administrator or designee to execute amendments
and administrative documents associated with these contracts on behalf of the
Board of County Commissioners after approval of legal sufficiency by the County
Attorney’s Office and within budgeted allocations. The fourth amendment to TLP
shifts FDC funding from client support services to pre-release case management
to ensure utilization of funding before grant expires. This contract amendment
is retroactive to June 1, 2020. Countywide (SF)
8. Staff recommends
motion to receive and file:
A) the second amendment to contract for
Consulting/Professional Services with Catholic Charities of the Diocese of Palm
Beach, Inc. (CCDPB) (R2018-0110,
R2018-0866, R2020-0797) extending the contract from September 30, 2020
to March 31, 2021; and
B) the first amendment to contract for
Consulting/Professional Services with Aid To Victims of Domestic Abuse, Inc.
(AVDA) (R2018-0107 and R2018-0865) extending the contract from September 30,
2020 to March 31, 2021.
SUMMARY: Palm Beach
County Division of Victim Services (DVS) was granted a one-year extension of
the original U.S. Department of Justice, Office on Violence Against Women (OVW)
grant Improving Criminal Justice Response Program (2017-WE-AX-0034) thereby
extending the date for completion of services from September 30, 2020 to
September 30, 2021. The DVS issued contracts with CCDPB, and AVDA for
consulting/professional services for the period October 1, 2017 through
September 30, 2020. The amendments to
the contracts extend the term through March 31, 2021, in order to spend down
the grant funds with no change to the scope of work. The first amendment with
AVDA also reallocated unspent funds from prior years without changing the total
funding amount. R2014-1633 authorized
the County Administrator or designee to execute future applications, awards,
contracts and amendments/ modifications utilizing funding from the Department
of Justice, OVW on behalf of the Board of County Commissioners. Countywide (JW)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
9. Staff recommends
motion to:
A) receive and file the first amendment to contract for
Consulting/Professional Services with Catholic Charities of the Diocese of Palm
Beach (CCDPB) (R2020-0378) retroactive to April 7, 2020 through September 30,
2022; and
B) authorize
the County Administrator or designee to submit grant adjustments/ modifications related to the Department of Justice, Office
of Justice Programs, Office for Victims of Crime (OVC) under the program OVC FY
2019 Direct Services to Support Victims of Human Trafficking Program on behalf
of the Board of County Commissioners.
SUMMARY: In support of the OVC FY 2019 Direct Services
to Support Victims of Human Trafficking (2019-VT-BX-K029) the Division of
Victim Services entered into a contract with CCDPB for consulting/professional
services for the period April 7, 2020 through September 30, 2020. This first
amendment to the contract was needed to remove CCDPB responsibility for
managing a 24-hour human trafficking hotline as they do not have staff
available after daytime business hours.
At the time of contract execution, CCDPB was not aware that
responsibility was included in the contract. The contract does not include any
payments associated to the hotline and Palm Beach County Victim Services has
the capacity to manage the hotline. Additionally, this amendment will allow the
County to reimburse CCDPB for expenses such as housing and transportation that
occurred for the client prior to making a referral to CCDPB. These type of
expenses are billed from the vendors directly to CCDPB. CCDPB will continue to provide comprehensive
case management services and immigration/ refugee legal services, community
awareness, and education including outreach in the rural, agricultural region
of Palm Beach County. Per grant guidelines, certain expenditures such as
travel, training, and work product require approval from the DOJ OVC grant
manager. The approval process is facilitated by drafting a Grant Adjustment
Notice and submitting it through OVC’s grant management web portal. R2019-1931
authorized the County Administrator or designee to execute future contracts and
amendments utilizing funding from the OVC on behalf of the Board of County
Commissioners. Countywide (JW)
10. Staff recommends
motion to:
A) approve a contract for Consulting/Professional Services with Marc Kramer, DVM,
for relief veterinary services at the main shelter in an amount not to exceed
$88,400 for the period November 17, 2020 through November 16, 2021; and
B) authorize
the County Administrator or designee to sign all future renewals, task
assignments, and necessary minor amendments that do not change the scope of
work or terms and conditions of the contract after approval of legal
sufficiency by the County Attorney’s Office and within budget allocations.
SUMMARY: The
Animal Care and Control Division is required to provide appropriate and
necessary veterinary services for sheltered animals. The relief veterinarian
will enable staff to maintain an acceptable number of veterinarians to handle
the volume of animals processed, especially during periods of high influx. Countywide
(SF)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
11. Staff recommends
motion to:
A) approve the following contracts with
agencies to provide Adult Reentry Services for the period October 1 2020
through September 30, 2021:
1. The Lord’s Place, Inc. (TLP) in the
amount of $456,736; and
2. Gulfstream Goodwill Industries, Inc.
(GGI) in the amount of $310,556;
B) approve
contract with GGI for the period October 1 2020 through September 30, 2021 in
the amount of $401,608 to provide Youth Reentry Services; and
C) authorize
County Administrator or designee to execute amendments and administrative
documents associated with the above contracts, on behalf of the Board of County
Commissioners, after approval of legal sufficiency by the County Attorney's
Office, and within budgeted allocations.
SUMMARY: Palm Beach County Division of Justice
Services contracts with providers to coordinate Adult and Youth Reentry
Services to those returning to Palm Beach County from incarceration. Contracts
were awarded through a competitive process and will ensure that the County will
continue to meet the needs of those returning from incarceration. Reentry
services are customized to each individual's unique needs, and include outreach
services, case management, risk and needs assessments, transitional housing,
employment assistance, transportation assistance and substance abuse and mental
health treatment. These contracts are funded through ad valorem funds, Justice
Assistance Grant funding from the Department of Justice and a legislative
allocation from the State of Florida, Department of Corrections (FDC). Palm
Beach County is the recipient of funding from state and federal levels, the
providers are sub-recipients receiving a sub-award. The delay in requesting an
approval for these contracts is due to finalizing the FDC Purchase Order. These
contracts are retroactive to October 1, 2020. Countywide (SF)
CC. INTERNAL AUDIT
1. Staff recommends
motion to receive and file: Audit Risk Assessment and Annual Work Plan
for FY 2021. SUMMARY: The County Code requires the Internal Audit Committee to
review and approve the annual risk assessment and audit plan prepared by the
County Internal Auditor. This was done
at the September 16 2020 Internal Audit Committee meeting. The County Code also
requires the County Internal Auditor to submit the approved plan to the Board
of County Commissioners. We are
submitting the annual work plan to the Board of County Commissioners as
required by the County Code. Countywide
(DB)
NOVEMBER 17, 2020
3. CONSENT
AGENDA APPROVAL
DD. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Letter of
Agreement and Contract between the Palm Beach County Sheriff’s Office and the
University of North Florida Training and Services Institute, Inc., d/b/a
Institute of Police Technology and Management (IPTM), for the Palm Beach County
Sheriff’s Office’s High Visibility Enforcement (HVE) Project in the amount of $76,182.33
for the period of October 2, 2020 through May 14, 2021; and
B) approve
a budget amendment of $76,183 in the Sheriff’s Grants Fund.
SUMMARY: On September 30,
2020, the University of North
Florida Training and Services Institute, Inc., d/b/a Institute of Police
Technology and Management (IPTM), awarded
a High Visibility Enforcement (HVE) grant to the Palm Beach County Sheriff’s
Office in the amount of $76,182.33, to support the Florida Department of
Transportation’s Bicycle Pedestrian Focused Initiative. These funds will be used to pay for overtime costs associated with the
HVE project. There is no match requirement associated with this award. Countywide
(LDC)
* * * * * * * * * * * *
NOVEMBER 17, 2020
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) COVID-19 Update by
Dr. Alonso and County Staff
* * * * * * * * * * * *
NOVEMBER 17,
2020
5. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. ENGINEERING &
PUBLIC WORKS
1. Staff recommends
motion to:
A) approve a utility easement for Florida
Power & Light (FPL) over a portion of Tract 37, Block 6, Palm Beach Farms
Company Plat No. 3, as recorded in Plat Book 2, Pages 45 through 54 inclusive;
and
B) adopt
a resolution abandoning any public interest in a portion of the 15-foot wide
additional right-of-way (ROW) dedication as shown on the plat of Hemstreet
Park, as recorded in Plat Book 42, Page 104; and in a portion of that ROW
deeded by Official Records Book 7619, page 367, also being a portion of Tract
37, Block 6, Palm Beach Farms Company Plat No. 3, as recorded in Plat Book 2
Pages 45 through 54 (Abandonment Sites), of the Public Records of Palm Beach
County (County).
SUMMARY: Approval of the utility easement
will allow existing FPL facilities to remain and adoption of the Resolution
will eliminate the public dedications and allow the County to vacate its
interests in the Abandonment Sites. The Abandonment Sites are located 600 feet
north of Southern Boulevard and west of North Cleary Road. All reviewing
agencies and utility service providers have approved this abandonment. The
Engineering Department has determined that the Abandonment Sites are surplus
and serve no present or future public purpose. District 2 (YBH)
2. Staff recommends
motion to:
A) adopt an ordinance of the Board of County Commissioners (BCC) of Palm
Beach County (County), Florida, amending Chapter 22, Article I, of the County
Code (Ordinance 87-12) governing Land Development Division (LDD) fees;
providing for future fee increases; providing for a repeal of laws and
ordinances in conflict; providing for a savings clause; providing for inclusion
in the Code of Laws and Ordinances; providing for severability; and providing
for an effective date; and
B) approve a resolution amending Resolution No. R2009-0952 to adopt an
amended fee schedule for the Land Development Division; providing for a repeal
of laws, resolutions and policies in conflict; providing for posting of Fee
Schedule; providing for severability; and providing for an effective date.
SUMMARY: This amended ordinance provides for an update to the fee schedule to provide funding for the various functions and services of the LDD, as well as other agencies that perform various functions and services on behalf of the LDD, such as the Roadway Production and Traffic Divisions of the Engineering Department. The amended resolution updates the fee schedule to provide the fees for services offered by the LDD to offset actual review costs, as well as establish new fees to cover new services and services previously provided at no cost, such as ancillary reviews provided by other agencies on behalf of the LDD. As provided in the ordinance, as amended, the fees shall be automatically increased to match the increase in the Consumer Price Index on October 1 of each year. Changes in fee types, decreases in fees or increases beyond the CPI increase shall continue to require a resolution by the BCC. Countywide (YBH)
* * * * * * * * * * * *
NOVEMBER 17,
2020
A. ADMINISTRATION
1. Staff recommends
motion to amend: the Palm Beach County 2020 Federal Agenda to include
the Southeast Florida Regional Climate Change Compact’s 2021 Federal
Legislative Program. SUMMARY: The
Southeast Florida Regional Climate Change Compact (Compact) established between
Palm Beach, Broward, Miami-Dade, and Monroe counties in 2009, includes a
commitment to develop and advocate for joint federal legislative policies.
Every year since 2010, the Compact has released a Federal Legislative Program
(Program). This Program consists of a set of legislative priorities and a set
of legislative principle which have been selected by the Compact Leadership
Committee as the best and most reasonable legislative points to support or
oppose concerning resilience and sustainability issues in Southeast Florida. The Program is updated each year to reflect changing
legislation, opportunities, and priorities. Since the County’s Federal Agenda
is released biannually it is not otherwise scheduled to be updated this year.
Therefore an amendment to the County’s Federal Agenda is required to
incorporate the Compact’s Program. Countywide (RPB)
B. FIRE RESCUE
1. Staff recommends
motion to approve on preliminary
reading and advertise for public hearing on December 15, 2020 at 9:30 a.m.: an ordinance of the Board of County
Commissioners of Palm Beach County, Florida, repealing and replacing Sections
12-56 and 12-57 of Chapter 12, Article IV, of the Palm Beach County Code
(codifying Ordinances 2017-043 and 2019-011); providing for incorporation of
recitals and findings; providing that the updated Florida Fire Prevention Code
shall be deemed adopted; providing for Local Amendments to the updated Florida
Fire Prevention Code; providing for applicability; providing for repeal of laws
in conflict; providing for a savings clause; providing for severability;
providing for inclusion in the Code; and providing for an effective date.
SUMMARY: Pursuant to Chapter
633, Florida Statutes, the State Fire Marshal has or will adopt an updated
Florida Fire Prevention Code, which establishes the statewide minimum fire safety
code, with an anticipated effective date of December 31, 2020. This updated Florida Fire Prevention Code is
based on updated Florida editions of the National Fire Protection Association’s
Fire Code (NFPA 1) and Life Safety Code (NFPA 101). The proposed Palm Beach
County Local Amendments to the updated Florida Fire Prevention Code are
recommended by the County’s Fire Marshal and Fire Code Advisory Board. The
Local Amendments establish requirements for life safety features and fire
protection features within buildings; collection of fees for plan review and
inspection services; and a Fire Code Board. A summary of the proposed changes
to the Local Amendments are included as Attachment 2 to this agenda item. Countywide
(SB)
NOVEMBER 17,
2020
6. REGULAR AGENDA
C. PALM TRAN
1. Staff recommends
motion to approve:
A) the Labor Management Agreement
(LMA) between Palm Tran, Inc. and the Palm Beach County Board of County
Commissioners, as joint employer, and the Service Employees International
Union, Florida Public Services Union, CtW, CLC (SEIU) representing 40 regular
full-time, non-professional, supervisory employees of Palm Tran, Inc. for the
three year period of October 1, 2020 through September 30, 2023; and
B) a Letter of Understanding between Palm Tran, Inc. and SEIU
granting COVID-19 related compensatory time for time worked during the pay
periods between April 1, 2020 and May 18, 2020.
SUMMARY: In June 2020,
Palm Tran began contract negotiations with SEIU for the purpose of negotiating
the terms and conditions of employment for 40 Palm Tran employees (30
Operations Supervisors and 10 Maintenance Supervisors). On September 23,
2020, Palm Tran and SEIU tentatively agreed to the terms and conditions of the
LMA. The Agreement was ratified by SEIU on October 9, 2020. Of the
40 Articles included in the LMA, 18 were amended during the negotiation
process. In general, changes to the non-economic work rules will allow
for increased efficiency and effectiveness of operations. The negotiated wage
article established fair wages by effectively addressing wage compression
between supervisors and their direct subordinate staff. The new wage article
addresses compression by allowing operation supervisors to be paid three
quarters of one percentage point above the top wage bus operators and one half
of one percentage point above the maintenance technicians. Additionally,
the negotiated wage article addresses years of service compression that exists
among Operations Supervisors. The amended wage article provides the following:
Operation Supervisors who have more
than 20 years of service as of October 1, 2020, will receive 1.00% increase for
Fiscal Year 2021, 1.00% increase for Fiscal Year 2022 and 1.00% increase for
Fiscal Year 2023.
Operation Supervisors who have more
than 10 but less than 20 years of service as of October 1, 2020, will receive
2.50% increase for Fiscal Year 2021, 1.75% increase for Fiscal Year 2022 and
2.50% increase for Fiscal Year 2023.
Operation Supervisors who have more
than 5 but less than 10 years of service as of October 1, 2020, will receive
2.00% increase for Fiscal Year 2021, 1.25% increase for Fiscal Year 2022 and
1.50% increase for Fiscal Year 2023.
Operation Supervisors who have 1 to 5
years of service as of October 1, 2020, will receive 2.00% increase for Fiscal
Year 2021, .50 % increase for Fiscal Year 2022 and .50% increase for Fiscal
Year 2023.
Operation Supervisors who have less
than 1 year of service as of October 1, 2020, will make the minimum starting
rate in Fiscal Year 2021, Fiscal Year 2022 and Fiscal Year 2023.
Maintenance Supervisors will receive
4.50% increase for Fiscal Year 2021, 2.00% increase for Fiscal Year 2022 and
.75% increase for Fiscal Year 2023.
This represents a wage increase over
the term of the agreement of $119,371, an increase of shift differential and
training pay of $18,026 and an increase in uniforms of $12,000 for a total
increase of $149,397. In addition to the articles of the new Labor Management
Agreement, the negotiation committees for Palm Tran and the SEIU concluded
negotiations and a Letter of Understanding to recognize the extraordinary
service of Palm Tran’s SEIU employees during the unprecedented COVID-19 global
pandemic. As agreed to in the Letter of Understanding, employees who
maintained a physical presence in the workplace and worked 80% or more of their
bi-weekly schedule will be granted 1 day (8 hours) of compensatory time per the
designated pay periods. Any hours of compensatory time not used will be paid to
the employee during the pay period in which December 31, 2020 falls. The proposed
Letter of Understanding, incorporating all agreed upon terms, was ratified by
the bargaining unit as a combined package Labor Management Agreement on October
9, 2020. Countywide (MM)
NOVEMBER 17,
2020
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve:
A) an Economic Development Incentive Agreement (Agreement) with MPLT
Healthcare, LLC (Company), to provide a cash grant in an amount not to exceed
$22,500 over a six year period;
B) a budget transfer of $22,500 from the General Fund Contingency Reserves
to the Economic Development Incentives Fund; and
C) a budget amendment of $22,500 in the Economic Development Incentives Fund
to recognize the funds from the General Fund.
SUMMARY: Staff is recommending approval of an Economic Development Incentive
Agreement with MPLT Healthcare, LLC. On January 7, 2020, the Board of County
Commissioners (BCC) conceptually approved an Economic Development Incentive
(Incentive) for the Company totaling $22,500.
This Agreement discloses the name of the Company, MPLT Healthcare, LLC,
previously referred to as Project Doctor. The Company provides healthcare staffing
for hospitals, clinics, and medical practices nationwide. The Agreement
requires the Company to make a minimum capital investment of $1.53 million to
lease, renovate, and equip a 23,000 sf facility. The Company shall create 75
new jobs over a three year period. These new jobs must have an annualized
average wage of $60,657 excluding benefits and a median wage of $50,000
excluding benefits. The Company is required to maintain the new jobs for three
years from the Agreement effective date. The five year economic impact is
estimated at $42.9 million. The
Agreement requires a performance security in the form of either a clean,
irrevocable Letter of Credit or Cash Bond equal to the full amount of the
maximum Incentive to be awarded to the Company.
In addition, Part X, Section 29 of the Agreement provides delegated
authority to the Director of Housing and Economic Sustainability to exercise
the County’s rights under the Agreement, including, but not limited to, the
power to send written notices of default or termination. The State of Florida approved
a Qualified Target Industry (QTI) tax refund for the Company in the amount of
$225,000. Of this amount, $180,000 is from the State of Florida and $45,000 is
a required match from local government entities. The Company and the State are
entering into an agreement for the QTI tax refund. The required $45,000 match
to the QTI tax refund will be split equally between Palm Beach County ($22,500)
and the City of Boca Raton ($22,500).
The County match will be provided in the form of a cash grant in an amount
not to exceed $22,500 over a six year period provided the project meets the
requirements under Section 288.106, Florida Statute. District 4 (DB)
NOVEMBER 17,
2020
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
2. Staff recommends
motion to adopt: a Resolution of the
Board of County Commissioners of Palm Beach County, Florida, amending
Resolution No. R2020-0711 which authorized the issuance of one or more series
of Revenue Bonds (Caron of Florida, Inc. Project), Series 2020, in an aggregate
principal amount not exceeding $52,803,000, for the purpose of making a loan of
funds to Caron of Florida, Inc. in order to finance the costs of a project on
behalf of Caron of Florida, Inc.; amending such Resolution to provide for the
issuance of such Bonds pursuant to the provisions of a Loan and Security
Agreement among the County, Caron of Florida, Inc. and the Purchaser of such
Bonds; approving and authorizing the execution and delivery of such Loan and
Security Agreement; approving and authorizing the execution and delivery of
certain other documents required in connection with the foregoing; and
providing certain other details in connection therewith. SUMMARY: On
June 16, 2020, the Board of County Commissioners adopted a resolution
authorizing the issuance of the Caron of Florida, Inc. Project Revenue Bonds
(R2020-0711). The resolution anticipated the use of a Trust Indenture to
facilitate the bond purchase and sale transaction. Subsequently, counsel determined that a Loan
and Security Agreement would be used instead.
Since R2020-0711 specifically referenced the use of a Trust Indenture,
it must be amended to reflect the change to a Loan and Security Agreement. The
Borrower is a wholly owned subsidiary of the Richard J. Caron Foundation
(Caron). Caron offers a full continuum
of addiction and behavioral health care services at inpatient facilities
located in Pennsylvania and Florida. The
Borrower has requested the issuance of the Bonds to fund the cost and finance
the construction, installation, and equipping of a new medical detox facility
located at 4675 West Linton Boulevard in Delray Beach; and the acquisition and
renovation of Fairways on the Green, a residential housing facility at 2046
Lowson Boulevard in Delray Beach. Neither
the taxing power nor the faith and credit of the County, nor any County funds,
shall be pledged to pay the principal, premium, if any, or interest on the
Bonds. Districts 4 & 7 (DB)
NOVEMBER 17,
2020
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to approve:
A) an Economic Development Incentive Agreement (Agreement) with Levatas LLC
(Company), to provide a cash grant in an amount not to exceed $35,000 over a
seven year period;
B) a budget transfer of $35,000 from the General Fund Contingency Reserves
to the Economic Development Incentives Fund; and
C) a budget amendment of $35,000 in the Economic Development Incentives
Fund to recognize the funds from the General Fund.
SUMMARY: On May 7, 2019, the Board of County Commissioners (BCC) conceptually
approved (R2019-0683) an Economic Development Incentive (Incentive) for the
Company totaling $35,000. This Agreement discloses the name of the Company,
Levatas LLC, previously referred to as Project Captain Jack. The Company is a high-tech marketing agency
using big data and artificial intelligence to create targeted ad campaigns for
clients such as IBM, Dell, and Cisco.
The Agreement requires the Company to make a minimum capital investment
of $1.25 million to lease, renovate, and equip a 15,000 sf facility. The Company shall create 50 new jobs over a
four year period with an annualized average wage of $105,490 excluding benefits
and a median wage of $90,000 excluding benefits and shall maintain 57 existing
jobs. The Company is required to maintain
the new and existing jobs for three years from the Agreement effective date.
The five year economic impact is estimated at $42.5 million. At the time of the Company’s application to
the State and County, the Company planned to move with its “sister company”
from a location in Palm Beach Gardens to one in West Palm Beach; invest $1.85
million to lease, renovate and equip a 20,000 sf facility; create 50 new jobs;
and retain 77 existing jobs. However,
after conceptual approval by the BCC, the sister company decided not to move
from the Palm Beach Gardens location.
The Agreement reflects the reduced capital investment and number of
retained jobs resulting from this change. The Agreement requires a performance
security in the form of either a clean, irrevocable Letter of Credit or Cash
Bond equal to the full amount of the maximum Incentive to be awarded to the
Company. In addition, Part X, Section 29
of the Agreement provides delegated authority to the Director of Housing and
Economic Sustainability to exercise the County’s rights under the Agreement,
including, but not limited to, the power to send written notices of default or
termination. The State of Florida approved a Qualified Target Industry (QTI)
tax refund for the Company in the amount of $350,000. Of this amount, $280,000 is from the State of
Florida and $70,000 is a required match from local government entities. The Company and the State are entering into
an agreement for the QTI tax refund. The
required $70,000 match to the QTI tax refund will be split equally between Palm
Beach County ($35,000) and the City of West Palm Beach ($35,000). The County
match will be provided in the form of a cash grant in an amount not to exceed
$35,000 over a seven year period provided the project meets the requirements
under Section 288.106 Florida Statutes. District 7 (DB)
NOVEMBER 17,
2020
6. REGULAR AGENDA
D. HOUSING AND ECONOMIC
SUSTAINABILITY (Cont’d)
4. Staff recommends
motion to:
A) approve a HOME Investment Partnerships (HOME) Program Community Housing
Development Organizations (CHDO) award of $715,000 to Habitat Housing
Solutions, Inc., in partnership with Habitat for Humanity of Palm Beach, Inc.;
B) approve a HOME CHDO award of $101,500 to Community Land Trust of Palm Beach
County, Inc.;
C) approve a HOME CHDO award of $494,786 to Riviera Beach Community Development
Corporation;
D) direct staff to negotiate the loan agreements; and
E) authorize the County Administrator or designee to execute the loan agreements,
amendments thereto, and all other documents necessary for project
implementation.
SUMMARY: On January 19, 2020, the Department of Housing and Economic
Sustainability (DHES) issued Request for Proposals HES.2020.1 (RFP) making
available $1,211,286 in HOME CHDO Reserve funds and up to $100,000 in CHDO
Operating funds to County certified CHDOs.
A selection committee consisting of three voting members met at a public
meeting held on June 20, 2020, and recommended funding for three projects:
1) an award of $650,000 to Habitat Housing Solutions, Inc., to construct
four single family homes and one duplex in Pahokee, Belle Glade and South Bay
and an award of $65,000 for CHDO operating costs;
2) an award of $92,000 to Community Land Trust of Palm Beach County, Inc.,
to construct one single family home in Lake Worth and an award of $9,500 for
CHDO operating costs; and
3) an award of $469,286 to Riviera Beach Community Development Corporation
to construct Villa at Solana, a 28 townhome style for-sale project, in Riviera
Beach and an award of $25,500 for CHDO operating costs.
All HOME-assisted housing units will remain affordable to households with
incomes no greater than 80% of Area Median Income (AMI) for no less than 30
years. Loan agreements and related documents pursuant to these HOME funds will
be between the County and the identified HOME award recipients and their
respective successors and/or assigns. To facilitate project implementation,
staff requests authorization for the County Administrator or designee to
execute funding agreements and related documents. These are Federal HOME
Program grant funds which require a 25% local match provided by State SHIP
grant funds. Districts 3, 6 & 7 (HJF)
NOVEMBER 17,
2020
6. REGULAR AGENDA
E. ENGINEERING
& PUBLIC WORKS
1. Staff
recommends motion to:
A) adopt
a resolution authorizing the conveyance by county deed of Palm Beach County’s
(County) interests in segments of State Road 7 (SR 7) between Okeechobee
Boulevard and Northlake Boulevard (Property) to the State of Florida Department
of Transportation (FDOT); and
B) approve
a county deed to FDOT to convey and assign all of the County’s interests in the
Property.
SUMMARY: As
contemplated in the roadway transfer agreement approved by the County’s Board
of County Commissioners (BCC) on December 19, 2017 (R2017-1869), the County
agreed to convey the Property
and associated drainage easements to FDOT.
The Property covers a total of approximately 217 acres. In accordance with Palm Beach County
Ordinance (2019-038), a supermajority vote (5 votes) is required by the BCC for
all transfers of fee simple real property that require BCC approval. District 6 (YBH)
2. Staff
recommends motion to approve on
preliminary reading and permission to advertise for public hearing on Tuesday,
December 15, 2020 at 9:30 a.m.:
an ordinance amending Chapter 23, Article I, Section 23-1 of the Palm
Beach County Code (Ordinance No. R2020-012) pertaining to the Palm Beach County
Five-Year Road Program (Program); amending Section 23-1(C) (Adoption of revised
Five-Year Road Program); providing for repeal of laws in conflict; providing
for a savings clause; providing for severability; providing for inclusion in
the Code of Laws and Ordinances; and providing for an effective date. SUMMARY: This is the Annual Update of Palm Beach
County’s Five-Year Road Program, which is required to be considered each year
by the Five-Year Road Program Ordinance. Exhibit “A” to the ordinance is a list
of proposed projects for the next five years and contains certain changes and
modifications. This list is submitted for the Board of County Commissioners’ (BCC)
consideration on preliminary reading today with the final list to be approved
with the ordinance at public hearing on Tuesday, December 15, 2020. Countywide
(YBH)
NOVEMBER 17,
2020
6. REGULAR AGENDA
F. AIRPORTS
1. Staff recommends motion to approve:
A)
Amendment No. 3 to the
Construction Manager (CM) at Risk Contract (Contract) with The Morganti Group,
Inc. (MGI) for CM at Risk Services for Miscellaneous Airport Improvements for
Palm Beach County Department of Airports (Department) in the amount of
$3,148,984 and 406 calendar days for Work Order SMC 05: Terminal 2nd Level
Temperature and Humidity Issues Corrections Phase 2 at Palm Beach International
Airport (PBI); and
B)
a budget transfer of $700,000 in the Airport's Improvement and
Development Fund to provide budget for The Morganti Group, Inc. contract in the
amount of $3,148,984; including a reclass from Reserves in the amount of
$700,000. Project is partially budgeted in FY 2021 Budget.
SUMMARY: The CM at Risk Contract with MGI was approved by the Board on August 20, 2019 (R2019-1221). The Contract is for two years with three one year renewal options for CM at Risk Services for Airport Improvements for the Department. MGI is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County. The Contract value to date is $1,833,912. Approval of Amendment No. 3 in the amount of $3,148,984 and 406 calendar days will enable MGI to complete Work Order SMC 05: Terminal 2nd Level Temperature and Humidity Issues Corrections Phase 2 at PBI. This project is phase 2 of a multiphase project to address temperature, humidity and condensation issues that have been experienced within the terminal. The project was presented to the Goal Setting Committee on July 1, 2020 and an Affirmative Procurement Initiatives of 20% S/W/MBE participation was applied, of which 5% will be an MBE Goal for African Americans (AA) and Hispanics (HA). The S/W/MBE participation on this project is 46% of which 5% is AA/HA. Countywide (AH)
NOVEMBER 17,
2020
6. REGULAR AGENDA
G. PLANNING,
ZONING & BUILDING
1. Staff recommends a
motion to approve on preliminary reading and advertise for public hearing on
December 15, 2020, at 9:30 a.m.: an ordinance of the Board of County
Commissioners of Palm Beach County, Florida, repealing ordinance 2017-044: the Palm Beach County amendments to
the Florida building code (FBC), 6th edition, (2017) Chapter 1 ,
"Administration"
(FBC-building) and Figures 1609.3 (1), (2), and (3), basic wind speed
maps (FBC-building), and Appendix F, "proposed construction building codes
for turf and landscape irrigation systems" (FBC-plumbing); adopting the Palm Beach County
amendments to the Florida building code (FBC), 7th edition (2020), Chapter 1,
"Administration" (FBC-building), and figures 1609.3 (1), (2), (3),
and (4) wind loads and maps (FBC-building), Appendix Q "tiny houses" (FBC-residential), and Appendix F,
"proposed construction building codes for turf and landscape irrigation systems"
(FBC-plumbing); providing for applicability;
providing for repeal of laws in conflict; providing for inclusion in the
code of laws and ordinances; providing for a savings clause; providing for
severability; and providing for an effective date. SUMMARY: The Florida Legislature enacted Section 553.73, Florida
Statute, mandating a statewide Florida Building Code (FBC) and allowing local
governments to adopt their own Administrative Chapter of the FBC. This proposed
ordinance adopts an updated Chapter 1 "Administration" of the FBC 7th
Edition (2020) applicable to the unincorporated area of Palm Beach County, and
in those municipalities having an Interlocal Agreement for the provision of
County plan review and inspection services. As in past code updates, this
Administrative Chapter 1 is based on the language adopted by the Florida
Building Commission, along with model language developed by the Building
Officials Association of Florida, which was further refined by the Palm Beach
County Building Code Advisory Board and adapted specifically to align with Palm
Beach County regulations. Figures 1609.3 (1), (2), (3) and (4) have been
renumbered pursuant to changes in the FBC 7th Edition (2020) in accordance with
Section 553.73, Florida Statute, and
Section 1609.3 of the FBC, which provides for local governments to establish specific
wind speed/wind borne debris lines using physical landmarks, whenever possible.
This proposed ordinance also adopts FBC 7th Edition (2020) Appendix Q of the
FBC-Residential volume allowing the construction of tiny houses. This proposed
ordinance also repeals and re-adopts an updated FBC 7th Edition (2020) Appendix
F of the FBC-Plumbing volume regulating new irrigation systems helping to
conserve water and protect the public water supply. Unincorporated (CK)
H. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to authorize: the County Administrator or designee to administratively
process budget transfers within the CARES Act Relief Fund to properly account
for expenses within the approved fiscal categories. SUMMARY: Pursuant to the CARES Act Relief Fund program, the County
received an automatic payment of $261,174,823 on April
23, 2020. The County has until December 30, 2020 to expend funds. These
funds must only be used to prevent, prepare for, and respond to coronavirus. This will allow the County to spend all funds that are
allocated within the CARES Act Relief Fund including appropriation to Palm
Beach County Municipalities and the School District of Palm Beach County.
Countywide (DB)
I. FACILITIES DEVELOPMENT &
OPERATIONS
1. Staff recommends motion to approve: Consultant Services
Authorization (CSA) No. 4 to the contract with PGAL, Inc. (R2019-0984) in the
amount of $654,257 to provide professional design services for the Animal Care
and Control Renewal/Repair/ Replacement Project (R/R/R) located at 7100
Belvedere Road in West Palm Beach. SUMMARY: This
authorization includes planning, architectural design, mechanical, electrical
and plumbing engineering, civil engineering, landscaping and surveying for the
completion of the schematic design through 50% design development phases for
the Animal Care and Control R/R/R project. The design includes renovations to
the three existing kennels and the existing main building, a new two story
addition to accommodate intake staff and administration, a new larger high bay
sally port, one new indoor/outdoor air conditioned kennel, and a new air
conditioned dog isolation building. PGAL, Inc. is a business with an
office in Palm Beach County and will be using eight Small Business Enterprise
(SBE) and Minority/Women Business Enterprise sub-consultants for the work. The
solicitation for design professionals was advertised on March 17, 2019,
according to the Equal Business Opportunity Program, with the Final Selection
taking place on May 29, 2019. On March 6, 2019, the Goal Setting Committee
established an Affirmative Procurement Initiative requiring a minimum mandatory
goal of 20% SBE participation. The prime consultant is not an SBE but has
committed to 32.02% SBE participation on this consultant services
authorization. To date, the consultant has achieved 32.58% SBE participation
under this contract. The construction cost of this project is estimated at
$38,826,718. This project is funded from
the Infrastructure Sales Tax fund. (Capital Improvements Division) District
2 (LDC)
* * * * * * * * * * * *
NOVEMBER 17,
2020
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
NOVEMBER 17,
2020
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: The
updated Board Directive Reports which include in process and completed board
directive items. SUMMARY: At the February 6, 2018 Board of County
Commissioners Meeting, direction was given to the County Administrator to
submit monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2)
Completed Items. The report continues
to be updated on an on-going basis. Countywide (DN)
B. COUNTY ATTORNEY
NOVEMBER 17,
2020
District 1 – COMMISSIONER MARIA G. MARINO
Request for off-site Proclamation
declaring November 8-14, 2020 as National Nurse Practitioner Week in Palm Beach County
District 2 – COMMISSIONER GREGG K. WEISS
Request
for off-site Proclamation declaring November 2020 as Alzheimer’s Awareness
Month in Palm Beach County
District 3 – COMMISSIONER DAVE KERNER
Request
for off-site Proclamation declaring November 15-22, 2020 as National Hunger
& Homelessness Awareness Week in Palm Beach County
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER MELISSA MCKINLAY
District 7 – COMMISSIONER MACK BERNARD
Request
for off-site Proclamation declaring November 2020 as Joey Bergsma
Retinoblastoma Awareness Month in Palm Beach County
NOVEMBER 17,
2020
10. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
NOVEMBER 17,
2020
11. 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."