December 8, 2020
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
DECEMBER 8, 2020
PAGE ITEM
26 4B DELETED
32 Dist.
7 ADD-ON: Request for off-site
Proclamation declaring December 1, 2020 as World AIDS Day 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 (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
DECEMBER 8, 2020
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 5-25)
4. SPECIAL
PRESENTATIONS (Page 26)
5. REGULAR AGENDA (Pages 27-29)
6. BOARD APPOINTMENTS (Page 30)
7. STAFF
COMMENTS (Page 31)
8. BCC
COMMENTS (Page 32)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
33)
10. ADJOURNMENT (Page 34)
* * * * * * * * * * *
DECEMBER 8, 2020
CONSENT AGENDA
A. ADMINISTRATION
Page 5
3A-1 Precinct
boundary changes
3A-2 Appointment
to the South Florida Regional Transportation Authority
3A-3 Amendment
to Interlocal Agreement with the Health Care District of Palm Beach County
B. CLERK & COMPTROLLER
Page 6
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 6
3C-1 Resolutions declaring the acquisitions of
properties and easements for roadway improvements on Northlake Boulevard from
east of Seminole Pratt Whitney Road to east of Hall Boulevard
3C-2 Quit claim deed from Lake Worth Drainage
District for Belvedere Road right-of-way east of Caroline Avenue at the E-3
Canal
Page 7
3C-3 Work task order to contract with HSQ Group,
Inc. for the Linton Boulevard and Old Dixie Highway intersection improvements
project
3C-4 Work task order to contract with Mock, Roos & Associates, Inc. for the Australian Avenue from
north of the I-95 bridge to Okeechobee Boulevard project
3C-5 Amendment to Interlocal Agreement with the
City of West Palm Beach for widening of Roebuck Road from Jog Road to Haverhill
Road
F. AIRPORTS
Page 8
3F-1 Amendment to contract with The Morganti Group, Inc. for airport improvements
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 8
3G-1 Receive
and file financial statements for the Florida Development Finance Corporation
3G-2 Receive
and file the Florida Forest Service Annual Report
3G-3 Settlement offer with Matthew C. Murphy &
Britni C. Murphy for satisfaction of a code
enforcement lien
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 9
3H-1 Receive and file emergency agreement with
Jupiter Stadium, Ltd. for COVID-19 purchases and improvements to the Roger Dean
Chevrolet Stadium
3H-2 Interlocal Agreement with the Village of
Tequesta, for interoperable communications
Page 10
3H-3 Amendment to contract with Leo A. Daly
Company extending the contract term
Page 11
3H-4 Increase in maximum dollar value of 12 annual
electrical contracts
Page 12
3H-5 Change order to contract with Hedrick
Brothers Construction Company, Inc. for the Main County Courthouse Electronics
& Security Systems Renewal & Replacement project
3H-6 Amendment to contract with Kaufman Lynn
Construction, Inc. for the Canyon District Park Project – Phase 1
Page 13
3H-7 Amendment to three contracts for
environmental assessment services
Page 14
3H-8 Change order to contract with Advanced
Painting Contractors, Inc. for the Governmental Center Building and Parking
Garage Weatherproofing project
DECEMBER 8, 2020
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
J. PLANNING, ZONING & BUILDING
Page 15
3J-1 Appointments
to the Construction Industry Licensing Board
K. WATER UTILITIES
Page 16
3K-1 Consultant Services Authorization to
contract with Chen Moore and Associates, Inc. for Septic to Sewer Project at
three county parks
3K-2 Work authorization to contract with
Johnson-Davis Incorporated for the Century Village Water System Valve Program
Year 3 project
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 17
3L-1 Receive and file State Financial Assistant
Recipient Agreement with the Florida Department of Agriculture and Consumer
Services for mosquito control activities
3L-2 Contract with the Florida Fish and Wildlife
Conservation Commission to provide fisheries monitoring in the Lake Worth
Lagoon
M. PARKS & RECREATION
Page 18
3M-1 Receive and file eight Independent Contractor
Agreements for county aquatic complexes
Page 19
3M-2 Ratify
the Mayor’s signature on a Florida Recreation Development Assistance Program
grant application to the State of Florida Department of Environmental
Protection related to the development of Paulette Burdick Park
N. LIBRARY
Page 20
3N-1 Contract with the Florida Department of
State, Division of Library and information Services for a Library Services and
Technology Act Grant to outfit the libraries with assistive listening systems
Page 21
3N-2 Contract with the Florida Department of
State, Division of Library and information Services for a Library Services and
Technology Act Grant for digital signage
S. FIRE RESCUE
Page 22
3S-1 Emergency Triage, Treat and Transport Model
Participation Agreement with the Center for Medicare & Medicaid Services
U. INFORMATION SYSTEMS SERVICES
Page 23
3U-1 Rescind
and replace Interlocal Agreement with the City of Greenacres
for upgraded bandwidth
3U-2 Interlocal agreement with the City of Lake
Worth for usage of Lake Worth Beach power poles for attachment of antennas
X. PUBLIC SAFETY
Page 24
3X-1 Receive and file amendment to subcontract
with the Florida Council Against Sexual Violence for
sexual assault services
BB. YOUTH SERVICES
Page 24
3BB-1 Receive and file agreement with Norton Museum of
Art, Inc. for afterschool arts outreach
CC. OFFICE OF EQUAL OPPORTUNITY
Page 25
3CC-1 Three contracts for the Handicap Accessibility
and Awareness Grant Program
DECEMBER 8, 2020
TABLE OF CONTENTS
SPECIAL PRESENTATIONS
Page 26
4A COVID-19 Update by Dr. Alonso and County
Staff
4B United Way Presentation
REGULAR AGENDA
A. OFFICE OF EQUAL OPPORTUNITY
Page 27
5A-1 Ordinance
amending the Palm Beach County Equal Employment Ordinance
B.
FACILITIES DEVELOPMENT AND OPERATIONS
Page 27
5B-1 Resolution
authorizing the conveyance of two properties from the City of Boca Raton
Page 28
5B-2 Resolution
authorizing the conveyance of property to Patricia Antoniou
C. PLANNING, ZONING & BUILDING
Page 28
5C-1 Resolution to commence the negotiation
process for an Interlocal Service Boundary Agreement with the City of Greenacres
D. OFFICE OF RESILIENCE
Page 29
5D-1 Interlocal
agreement with Broward, Miami-Dade and Monroe counties for cost-share support
for the Southeast Florida Regional Climate Change Compact
5D-2 Indemnification
agreement with Enhanced PACE Finance, LLC
BOARD
APPOINTMENTS
Page 30
6A-1 Appointments
to the Commission on Ethics Review Committee
6A-2 Commissioner
appointments to the Treasure Coast Regional Planning
Council
STAFF COMMENTS
Page 31
7A-1 Receive and file updated Board Directive
Reports
COMMISSIONER COMMENTS (Page 32)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 33)
ADJOURNMENT (Page 34)
DECEMBER 8, 2020
A. ADMINISTRATION
1. Staff recommends
motion to approve: four precinct boundary changes, submitted by
Wendy Sartory Link, Supervisor of Elections, as
required by Section 101.001(1), Florida Statutes. SUMMARY: Four precinct boundary changes are
recommended by Wendy Sartory Link, Supervisor of
Elections (SOE), a municipal annexation in Belle Glade and a municipal
annexation in Greenacres. Districts 2 & 6
(AH)
2. Staff recommends
motion to approve: the
appointment of the following individual to the South Florida Regional
Transportation Authority (SFRTA) to complete an unexpired term beginning
December 8, 2020 and ending July 31, 2023:
Appoint Seat
No. Seat Requirement Nominated By
Hal Valeche 4 Palm
Beach County Mayor Kerner
Resident
with Business Comm. McKinlay
or Civic Interest Comm.
Weiss
Vice-Mayor
Weinroth
Comm.
Marino
SUMMARY: The SFRTA
was created pursuant to Section 343.53, Florida Statutes. The SFRTA is comprised of ten voting members:
one county commissioner each from Miami-Dade, Broward and Palm Beach counties;
one citizen member (business/civic interest) from each of the three counties,
the secretary of the Department of Transportation; and three citizens of the
three counties selected by the Governor.
On November 12, 2020, staff distributed a memo to the Board of County
Commissioners requesting support for the appointment of Mr. Valeche or
requesting additional nominees for consideration. The Commissioners noted above
support the appointment of Mr. Valeche.
No other nominations were received. The SFRTA has ten members with a
diversity count of nine Caucasian males and one Hispanic male. Mr. Valeche is a
Caucasian male. Countywide (MM)
3. Staff recommends
motion to approve: Amendment
#2 to Interlocal Agreement R2020-0507, as amended by Amendment #1, R2020-1629,
with the Health Care District of Palm Beach County (Health Care District)
relating to the COVID-19 medical response, adjusting Health Care District
authorized expenses to a new not to exceed total amount of $5,500,000. SUMMARY: The Health Care District has been an integral
and critical partner in Palm Beach County’s COVID-19 response efforts. The Health Care District is currently
providing testing services at multiple locations in Palm Beach County including
the FITTEAM Ballpark of the Palm Beaches, the South County Civic Center,
Lakeside Hospital, three fixed clinic locations, various pop-up community
sites, and public schools. They are also
working with County staff and the Palm Beach County Health Department in the
preparation of a COVID-19 vaccination plan.
Under the terms of Agreement R2020-0507 and Amendment #1 (R2020-1629)
the Health Care District is being reimbursed for 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. This Amendment #2 allows for additional medical
response expenses incurred after March 1, 2020, to be reimbursed by the County.
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) funding will be used for this purpose. The
expenditures must be completed by December 30, 2020. Countywide (HH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting
Date Meeting Type
March 4, 2020 Conflict Assessment
June 23, 2020 Workshop
July 2, 2020 Conflict
Assessment
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: thirteen
resolutions to declare the acquisition of properties designated as parcels 109,
111, and 137 as right-of-way easements, parcels 239 and 242 as drainage
easements, parcels 240, 241, 243, 244, 245, 246, and 253 as permanent
easements, and parcels 305, 311, 341, and 346 as temporary construction
easements, as necessary for the construction of roadway improvements on
Northlake Boulevard from east of Seminole Pratt Whitney Road to east of Hall
Boulevard (Project). SUMMARY:
Adoption of these resolutions will initiate eminent domain proceedings
pursuant to Chapters 73, 74, 127, and Section 337.27, Florida Statutes as amended, against sixteen parcels having a total
appraised value of $387,381. The parcels are necessary for the widening
and construction of a four-lane divided roadway section with new drainage,
sidewalks, and paved shoulders for the Project. To date, the property owners have not accepted the offers to purchase made
by Palm Beach County and attempts to negotiate the purchases have been
unsuccessful. Eminent domain proceedings are necessary to acquire the parcels
at this time in order to expedite construction of the Project. This Project
is included in the Five Year Road Program. District 6 (BB)
2. Staff recommends motion to:
A) accept a quit claim deed from Lake Worth Drainage District (LWDD) for Belvedere Road right-of-way east of Caroline Avenue at the E-3 Canal; and
B) approve a Palm Beach County (County) deed to LWDD to convey all County interest in a parcel of land adjacent to the LWDD right-of-way for the L-3 Canal.
SUMMARY: The quit claim deed from LWDD will give the County any interest LWDD may have in the right-of-way within Belvedere Road at the E-3 Canal. The County deed to LWDD will give LWDD any interest the County may have in the L-3 Canal right-of-way. This conveyance to LWDD, at no cost, is pursuant to Section 125.38, Florida Statutes. Although the County normally reserves its interest in phosphates, minerals, metals and petroleum rights per Section 270.11, Florida Statutes, LWDD has requested the release of this reservation because LWDD requires the property to be free and clear without encumbrances. Acceptance and approval of these deeds will correct the ownership interests of the two parcels. 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 requires BCC approval. District 2 (YBH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: a Work Task
Order (WTO) to the Annual Intersection Improvements Professional Services Contract
(R2020-0541) dated June 2, 2020 (Contract) with HSQ Group, Inc. (HSQ) in
the amount of $128,069.52 for the Linton
Boulevard and Old Dixie Highway Intersection Improvements (Project). SUMMARY: Approval of this WTO will provide the services necessary for the Project. The Project will
reconfigure the west approach to provide an exclusive eastbound left turn lane,
two eastbound through lanes and one eastbound right turn lane. The
Affirmative Procurement Initiative selected for this Contract on May 1, 2019 by
the Goal Setting Committee is a 20%
minimum mandatory Small Business Enterprise (SBE) participation. HSQ committed to 75% SBE participation for the
Contract. HSQ agreed to 100% SBE participation for this WTO. Their cumulative
SBE participation to date including this WTO is 100%. HSQ is a Palm Beach
County based company and a certified SBE company. Districts 4 & 7
(YBH)
4. Staff recommends motion to approve: a Work Task Order (WTO) to the Annual Civil Engineering Professional Services Contract (R2019-0717) dated June 4, 2019 (Contract) with Mock, Roos & Associates, Inc. (MRA) in the amount of $172,151.37 for Australian Avenue from north of the I-95 bridge to Okeechobee Boulevard (Project). SUMMARY: Approval of this WTO will provide the professional services necessary for an additional southbound through lane on Australian Avenue from north of the I-95 bridge to Okeechobee Boulevard. The Affirmative Procurement Initiative selected for this Contract on November 6, 2019 by the Goal Setting Committee is a 20% minimum mandatory Small Business Enterprise (SBE) participation. MRA agreed to 20% SBE participation for the Contract. They agreed to 24% SBE participation for this WTO. Their cumulative SBE participation to date including this WTO is 34.38%. MRA is a Palm Beach County based company. This Project is included in the Five-Year Road Program. District 7 (YBH)
5. Staff
recommends motion to approve:
A) the first amendment to an Interlocal
Agreement (R2019-0580) with the City of West Palm Beach (City) in the amount of
$148,117.59 for the design and construction of certain modifications to the
widening of Roebuck Road from Jog Road to Haverhill Road (Project); and
B) a budget amendment of $2,003 in the Road
Impact Fee Fund – Zone 2 to recognize design reimbursement funding from the
City and appropriate it to the Project.
SUMMARY:
Approval of the first amendment will allow the City to reimburse Palm Beach County $148,117.59 for the
Project’s design and construction modifications necessary to accommodate the
City’s future fire station. This budget amendment is necessary to recognize the
funding from the City for the design modifications requested by the City. A
prior budget amendment of $146,114.91 recognized funding from the City for the
construction modifications. Districts
2 and 7 (YBH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: Amendment No. 5 to the Construction Manager (CM) at
Risk Contract with The Morganti Group, Inc. for
Airport Improvements for the Department of Airports (Department), exercising
the first one year renewal option for the continuation of services. SUMMARY: The contract with The Morganti Group, Inc. for CM at Risk Services for Airport
Improvements for the Department was approved by the Board on January 15, 2019
(R2019-0042). The contract is for two
years with three one year renewal options and is a task/work order based
contract for CM at Risk Services for the Department. The Morganti Group,
Inc. is a Danbury, Connecticut, based firm; however, the work will be directly
managed by their southeast regional office in Palm Beach County. The contract value to date is $5,807,070.42.
Approval of Amendment No. 5 will allow the County, at its sole discretion, to
exercise the first one year renewal option for the continuation of services
provided under the CM at Risk Contract. The Disadvantaged Business Enterprise
(DBE) goal for this contract is 12%. The total to date participation for this
contract is 30%. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: the Financial Statements for the Florida
Development Finance Corporation for the fiscal year ending June 30, 2020. SUMMARY:
The Florida Development Finance Corporation has submitted their Financial
Statements for fiscal year ending June 30, 2020 as per Section 288.9610,
Florida Statutes. Countywide (DB)
2. Staff
recommends motion to receive and file: the Florida Forest Service
Annual Report for the 2019-2020 fiscal year. SUMMARY: The Florida Department of Agriculture and Consumer
Services has submitted their Florida Service Annual Report for the 2019-2020
fiscal year. Countywide (DB)
3. Staff recommends
motion to approve: a negotiated settlement offer in the amount
of $30,000 for the full satisfaction of a code enforcement lien that was
entered against Matthew C. Murphy & Britni C.
Murphy on June 6, 2018. SUMMARY: The Code Enforcement Special Magistrate
(CESM) entered an order on October 6, 2017, for the property owned by Matthew
C. Murphy & Britni C. Murphy providing them until
April 2, 2018, to bring their property located at 9025 159th Ct N.
Jupiter, FL into full compliance. The property had been cited for
parking more than seven vehicles on a residential lot; stored equipment or
materials outside of the dwelling including driveways; erecting/installing Chickee Hut without first obtaining required building
permits and erecting/installing shed without first obtaining required building
permit. Compliance with the CESM’s Order was not
achieved by the ordered compliance date and a fine in the amount of $250 per
day was imposed. The CESM then entered a claim of lien against Matthew C.
Murphy & Britni C. Murphy on June 6, 2018. The
Code Enforcement Division issued an Affidavit of Compliance for the property on
July 9, 2020, stating that the cited code violations had been fully corrected
as of August 27, 2018. The total accrued lien amount through July 30, 2020, the
date on which settlement discussions began, totaled $46,973.04, of which Mr.
& Mrs. Murphy have agreed to pay Palm Beach County $30,000, (64%) for full
settlement of their outstanding Code Enforcement lien. District 1 (SF)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to:
A) receive and file an
emergency agreement with Jupiter Stadium, Ltd. (JSL) for purchases and
improvements to the Roger Dean Chevrolet Stadium (Stadium) for COVID-19
(Agreement) in a not to exceed amount of $615,670 through December 30, 2020;
and
B) ratify
the signature of the County Administrator for the above emergency Agreement
related to COVID-19.
SUMMARY: The Governor of the State of Florida issued
a Public Health Emergency on Sunday, March 1, 2020, and a State of Emergency on
Monday, March 9, 2020 due to the COVID-19 pandemic. Palm Beach County also
issued a local state of emergency on Friday, March 13, 2020. The County owns
the Stadium in Jupiter which is operated, managed and used by JSL, a
partnership between two MLB teams, the St. Louis Cardinals and the Miami
Marlins. Staff has worked with JSL to identify purchases and improvements to
the Stadium necessary due to COVID-19 that were not budgeted for which will
further a safe environment at the Stadium for visitors. The Agreement provides
a not to exceed amount of $615,670 for purchases and improvements due to
COVID-19 through December 30, 2020. Due
to the Declaration of Emergency issued by Palm Beach County, the County
Administrator has the ability to enter into the Agreement. Pursuant to Section
2-80.22 of the Equal Business Opportunity (EBO) Ordinance and the County PPM
CW-O-043, this contract is exempt from the EBO requirements. The funding source for this agreement is the
Coronavirus Aid, Relief, and Economic Security Act Relief Fund. (FDO
Admin) Countywide (MWJ)
2. Staff recommends
motion to approve: an Interlocal
Agreement (Agreement) with the Village of Tequesta, (Municipality) allowing for
interoperable communications through the countywide common talk groups of the
County’s Public Safety Radio System (System) for a period of five years to
commence retroactively on October 1, 2020 through September 30, 2025.
SUMMARY: Municipality
previously had a direct access agreement with County to use County’s 800 MHz
Public Safety Radio System, but terminated the direct access agreement when it
migrated its dispatch services to another system (R2020-1349). This Agreement
provides the terms and conditions under which the Municipality can program into
its radios and utilize the countywide common talk groups for certain types of
inter-agency communications. The
County’s System will not be utilized for routine operational communications by
the Municipality. The terms of the
Agreement are standard and have been offered to all municipalities and local
branches of state and federal agencies with 800 MHz trunked radio
capabilities. There are no charges
associated with this Agreement. The
Municipality is required to pay all costs associated with the Participant’s
subscriber units and to comply with the established operating procedures for
the County’s System. The agreement provides for an initial term of five years
with two renewal options, each for a period of five years. This Agreement may
be terminated by either party, with or without cause, upon ten days prior
written notice to the other party. (ESS)
Countywide (LDC)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Amendment No. 1 to the contract with Leo A. Daly
Company (R2015-1459) to extend the term of the contract retroactively from
October 20, 2020 until the completion of all project phases not to exceed five
years and to update the County’s standard contract terms. SUMMARY: On
October 20, 2015, the Board of County Commissioners (Board) approved the design
contract with Leo A. Daly Company for the Detention Facilities project
(Project). The Project included a five year capital improvement program for the
renewal/replacement of major building systems at the County’s detention
facilities including the Main Detention Center (MDC), the Western Detention
Center (WDC) and the Central Detention Center (CDC). The capital program
includes the renewal/replacement of the following major building systems at
these detention facilities: mechanical including heating ventilation and air
conditioning (HVAC); fire protection; plumbing and boilers; electrical; low
voltage including electronic security systems and fire alarm, security doors
and hardware; roofing; weatherproofing and other similar improvements. The
County was unable to complete the capital program design within the contract’s
five-year term. The final phase of the project for the WDC has yet to begin;
therefore, the Facilities Development and Operations Department is requesting
authorization to extend the contract with Leo A. Daly Company retroactively from
October 20, 2020 until the final phase of the Project is complete, not to
exceed five years. Amendment No. 1 extends the contract term and adds or
updates standard County terms on audit, compliance with the public records law,
compliance with laws and regulations e-verify, among others. The existing
contract was awarded under the prior Small Business Enterprise (SBE) Ordinance,
and the SBE participation goal is 15%. Leo A. Daly Company is not a SBE, but is
a local business. The Office of Equal Business Opportunity has reviewed the
existing SBE participation and approved this extension request under the
existing contract terms. To date, the Small/Minority/ Women Owned Business
Enterprise (S/M/WBE) participation for consultant services authorizations
issued under this design contract is 24.85%. The funding source is from the
Public Improvement fund. (Capital
Improvements Division) Countywide (MWJ)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: an increase in the maximum dollar value of the
annual electrical contracts by $2,000,000 to provide repair, improvement or
renovation services to County properties on an as-needed basis through November
18, 2024.
Contractor Resolution
# Status
A) Albert Electric, Inc. R2019-1752 Local/SBE
B) Ampro, Inc. R2020-1030 Non-Local/Non-SBE
C) Clear Blue Energy Corp. R2020-1351 Non-Local/Non-SBE
D) Davco
Electrical Contractors Corp. R2019-1753 Local/Non-SBE
E) Greenview Construction LLC R2019-1754 Local/SBE
F) Grid-One Electrical Construction,
Inc. R2019-1755 Local/Glades/SBE
G) Protect Video, Inc. R2019-1756 Local/SBE
H) Imperial Electrical Incorporated R2020-0831 Non-Local/Non-SBE
I) Langer Electric Company R2020-0080 Non-Local/Non-SBE
J) M. Gay Constructors, Inc. R2020-1350 Non-Local/Non-SBE
K) Sullivan Electric & Pump, Inc. R2019-1757 Local/SBE
L) Universal Electric of Florida, Inc. R2019-1758 Non- Local/Non-SBE
SUMMARY: On November 19, 2019, the Board of County
Commissioners initially approved the annual electric contract for a five year
term. During the initial year of the contract, the County awarded $857,070.24
in work orders. Staff is requesting the cumulative limit be increased by
$2,000,000 for a total cumulative value of $3,000,000 in order to accommodate
additional anticipated new projects required to be accomplished before the term
of this contract expires on November 18, 2024. 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 12 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
electrical annual 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
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. Current cumulative Small/Minority/Women owned
Business Enterprise participation for all work orders to-date under the
electrical annual contract is 67.39%. (Capital Improvements) Countywide
(LDC)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: Change Order
No. 023 to the contract with Hedrick Brothers Construction Company, Inc.
(R2017-0164) increasing the Guaranteed Maximum Price (GMP) in the amount of
$385,049 and increasing the project duration by 70 days for the Main County
Courthouse Electronics & Security Systems Renewal & Replacement
Project. SUMMARY: On December 18,
2018, the Board of County Commissioners approved Amendment No. 1 (R2018-2058)
to the contract with Hedrick Brothers Construction Company, Inc. in the amount
of $13,580,467 for the renewal/replacement of electronics and security systems
within the Main County Courthouse, Central Energy Plant, and State
Attorney/Public Defender’s building. The project also included the expansion of
the Palm Beach Sheriff Office Command Center. This change order authorizes the
installation of heating ventilation and air conditioning equipment to 26
information security system communication closets located throughout the Main
County Courthouse, and an increase to the project duration by 70 calendar days.
When combined with all approved time extensions, the revised substantial
completion date is February 26, 2021. The contract and subsequent amendment,
was executed according to the Small Business Enterprise (SBE) Ordinance in
place at the time. The SBE goal established for this contract is 25%, with a
SBE construction manager (CM) partner goal of 15%. The CM is not a SBE but has
partnered with Cooper Construction Management & Consulting, Inc. a Small/Minority
Business Enterprise. SBE participation for this change order is 3.55%. To date,
the CM has achieved 31.92% SBE participation. Hedrick Brothers Construction
Co., Inc. is a Palm Beach County Business. This
project is funded by the Infrastructure Sales Tax fund and the Public Building Improvement (Ad
Valorem) fund. (Capital Improvements Division) Countywide/District 7 (LDC)
6. Staff recommends
motion to approve: Amendment No. 1 to the construction
management contract with Kaufman Lynn Construction, Inc. (R2019-0849) in the
amount of $10,793,121.02 for the Canyon District Park project – Phase 1
establishing a Guaranteed Maximum Price (GMP) for Construction Management
Services for a period of 365 days from notice to proceed or until project is
complete. SUMMARY: On June 18, 2019, the Board of County Commissioners
approved the construction management contract with Kaufman Lynn Construction,
Inc. for construction management services for the Canyon District Park project
located at 8802 Boynton Beach Boulevard, Boynton Beach. The surge of ongoing
residential developments in the western Boynton Beach area prompted the need
for additional recreational facilities. Amendment No. includes, but is not
limited to, 3 soccer/multipurpose fields, a restroom/concessions facility, 2
retention/recreational lakes, a 12 station fitness trail, and parking spaces.
As part of Amendment No. 1 the construction manager (CM) will also clear, grub,
level and seed the remainder of the property in order to complete and ensure
effectiveness of the drainage for Phase 1 and the entire property. The
solicitation for the CM was advertised on January 28, 2018, according to the
Small Business Enterprise (SBE) Ordinance in place at the time, but this GMP,
having been initiated after January 1, 2019, is subject to the requirements of
the Equal Business Opportunity (EBO) Ordinance. The CM is not a certified
Small/Minority/Women Owned Business (S/M/WBE), but has partnered with M.C.O.
Construction and Services, Inc., an MBE CM. On October 16, 2019, prior to
subcontractor advertisement and bidding, the Goal Setting Committee applied an
Affirmative Procurement Initiative to the construction subcontracts of 25% SBE participation,
of which 3% must be a Minority Business Enterprise (MBE), African American or
Hispanic. SBE participation for Amendment No. 1 is 26.45% of which 3.04% is MBE
(2.05% African American and 0.99% Hispanic) participation. To date, the
Construction Manager has achieved 21.9% SBE subcontracting participation
overall. The CM is a Palm Beach County Business. Phase 1 of this project will be fully funded from the Infrastructure
Sales Tax Fund. Phase 2 recreational features of this project, which
include additional soccer/multipurpose fields, baseball/softball fields,
running track, restrooms, playground, picnic pavilions, a maintenance facility,
asphalt parking and access roads, will be dependent on additional funding being
allocated. (Capital Improvements Division) Countywide/District 5 (LDC)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
7. Staff recommends
motion to:
A) determine that an extension to the term of the
continuing contracts for environmental
assessment services is beneficial to the interest, health, safety and welfare
of the County and its citizens; and
B) approve Amendment No. 5 to the contracts for environmental assessment services
with the following consultants on a continuing contract basis extending the
contracts from December 22, 2020 to March 31, 2021:
1)
AECOM Technical Services,
Inc. (R2015-1253), Non-SBE/Local, 11.06% SBE participation to date;
2)
Partner Assessment
Corporation d/b/a Partner Engineering and Science, Inc. (fka
Eco Advisors, LLC) (R2015-1255), Non-SBE/Local, 53.28% SBE participation to
date; and
3)
Terracon Consultants, Inc.
(R2015-1254), Non-SBE/Local, 18.01% SBE participation to date.
SUMMARY: The Board of County Commissioners (Board)
approved the continuing contracts on September 22, 2015, which provided for an
initial two year term with three renewal options each for a period of one
year. Amendment No. 4 (R2020-1339 thru 2020-1341) extended the term of the
continuing environmental assessment contracts beyond the initial expiration
date of September 21, 2020 for three additional months to December 21,
2020, to allow for advertising and the
selection of the firms for the new continuing contract. The department
advertised for the new continuing environmental assessment services contracts,
but will have to re-advertise, which delays the approval of the new continuing
contracts before the current contracts expire on December 21, 2020. Amendment
No. 5 will extend services through to March 31, 2021, while the new firms are
being selected. These contracts provide for environmental conditions
assessments, identification of remedial activities and related consulting and
remediation observation services. The existing contracts were awarded under the
prior Small Business Enterprise (SBE) Ordinance, and the SBE participation goal
was 15%. AECOM Technical Services, Inc. committed to an SBE participation goal
of 19%; Partner Assessment Corporation d/b/a Partner Engineering and Science,
Inc. (fka Eco Advisors, LLC) 93%; and Terracon
Consultants, Inc. 15%, respectively. Eco Advisors, LLC was the only consultant
that was an SBE. However, on July 23, 2019, the Board approved an Assignment,
Assumption & Consent Agreement from Eco Advisors, LLC to Partner Assessment
Corporation d/b/a Partner Engineering and Science, Inc., a non-SBE firm. The
Office of Equal Business Opportunity has reviewed the existing SBE
participation and approved this extension request under the existing contract
terms. (Capital Improvements Division) Countywide
(LDC)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
H. FACILITIES
DEVELOPMENT & OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: Change Order No. 1 to the contract with Advanced
Painting Contractors, Inc. (R2018-0393) decreasing the project value for the
Governmental Center (GCC) Building and GCC Parking Garage Weatherproofing
project in the amount of $8,160 and increasing the project duration by 91
calendar days. SUMMARY: On November
20, 2018, the Board of County Commissioners (Board) approved the contract with
Advanced Painting Contractors, Inc. in the amount of $666,500 for pressure
washing, sealing and painting the GCC building and the GCC parking garage. The
project was to be completed within 180 days from notice to proceed. The
contractor was issued the notice to proceed on January 7, 2019, with a
substantial completion date of July 8, 2019. The project was delayed after a
series of events including the processing of permits, adverse weather
conditions and limited access to the facility. The delays that precede extend
the project by 91 days for an adjusted substantial completion date of October
7, 2019. Nevertheless, the contractor did not meet the adjusted contract
substantial completion date; substantial completion was achieved 102 days
later. This deductive change order is being submitted in accordance with
Department Policy and Procedure Manual (PPM) FDO-C-001 for the assessment and
deduction of liquidated damages from the project value in the amount of $8,160,
and County-wide PPM CW-F-50 to increase the project duration to account for the
unavoidable delay of 91 calendar days. The solicitation for the contract was
advertised according to the Small Business Enterprise (SBE) Ordinance in place
at the time, with a 15% SBE goal. Advanced Painting Contractors, Inc. is not a
certified SBE and this contract has 0% SBE participation. Advanced Painting
Contractors, Inc. is a Palm Beach County Business. This project is funded by
Public Building Improvement funds. All savings will be returned to the Public
Building Improvement fund. (Capital Improvements Division) Countywide/District
7 (LDC)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve:
A) the appointment of two members; and
B) the reappointment of three members to the
Construction Industry Licensing Board (Board)
A)
Appoint |
Seat # |
Requirement |
Term |
Nominated
by |
Ben Preston |
4 |
Roofing Contractor |
12/8/20-9/30/23 |
Commissioner
Kerner Commissioner
Weinroth Commissioner
Bernard Commissioner
McKinlay Commissioner
Weiss Commissioner
Marino |
James McKay |
12 |
Architect |
12/8/20-9/30/23 |
Commissioner
Kerner Commissioner
Weinroth Commissioner
Bernard Commissioner
McKinlay Commissioner
Weiss Commissioner
Marino |
B)
Reappoint |
|
|
|
|
Gerry Kelly |
5 |
General Contractor |
12/8/20-9/30/23 |
Commissioner
Kerner Commissioner
Weinroth Commissioner
Bernard Commissioner
McKinlay Commissioner
Weiss Commissioner
Marino |
Peter Ringle |
7 |
Building Official |
12/8/20-9/30/23 |
Commissioner
Kerner Commissioner
Weinroth Commissioner
Bernard Commissioner
McKinlay Commissioner
Weiss Commissioner
Marino |
Haydee Ullfig |
10 |
Swimming
Pool Contractor |
12/8/20-9/30/23 |
Commissioner
Kerner Commissioner
Weinroth Commissioner
Bernard Commissioner
McKinlay Commissioner
Weiss Commissioner
Marino |
SUMMARY: The Board was established by Special Act, Laws
of Florida, Chapter 67‑1876, as amended.
The Special Act and, subsequently, Section 489.131, Florida Statutes sets forth
the membership of the Board, which consists of 15 members. This Board shall be
comprised of 15 members as follows: two general contractors, one building
contractor, one residential contractor; one electrical contractor; one plumbing
contractor; one HARV contractor; one roofing contractor; one swimming pool
contractor; one architect; one engineer and one full-time building official
employed by a local government within Palm Beach County, who meets the
requirements of the Building Officials Association of FL; and three consumer
representatives. The Board establishes qualifications and competency of
contractors that work within the County. The Board also provides for the
testing and licensing of these contractors, and is empowered to revoke licenses, and hear citation
appeals. A memorandum was sent to the Board of County Commissioners
(BCC) on September 28, 2020, to advise of the term expirations and
reappointment requests. No other nominations were received. The Board has 8 out
of 15 seats currently filled and a diversity count of Caucasian: 5 (61%),
African-American: 1 (13%), Hispanic: 1 (13%) and Native-American: 1 (13%)
making the Board 39% diverse. The gender ratio (female: male) is 2:6. Staff is
addressing the need to increase diversity within our boards and will continue
to encourage this in an effort to expand the Board’s diversity. As required by
Section 2-443 of the Code of Ethics, this agenda item summary will serve as
disclosure for Mr. Gerald Kelly. Mr. Gerald Kelly is an employee
of Wharton-Smith, Inc., which contracts with Palm Beach County to provide
construction services for the County through sealed bids. The Board provides no
regulation, oversight, management, or policy-setting recommendations regarding
contracts with the county. Countywide (SF)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 19 to
the Consulting/Professional Services Utility Distribution & Collection
System Engineering Services Contract
(Contract) with Chen Moore and Associates, Inc. (Consultant) for Septic to
Sewer Project at Okeeheelee Park, Lake Ida Park and Caloosa Park (Project) for a total amount of $113,594.74. SUMMARY:
On June 20, 2017, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2017-0816) with the Consultant. CSA
No. 19 provides for engineering services related to design and permitting
services for the connection into the PBCWUD sewer system of restroom facilities
at Okeeheelee Park, Lake Ida Park and Caloosa Park. As part of this Project, a new gravity
sanitary sewer service connection will be made from the restrooms to an
existing sanitary manhole or to a new lift station and a new sanitary force
main connection to the existing PBCWUD wastewater collection system. This
project will also include permitting for disconnection and abandonment of the
septic system. 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 100%
SBE participation. CSA No. 19 includes 100% SBE participation. The cumulative
SBE participation including CSA No. 19 is 99.64%. Consultant is a Palm Beach
County based Company. The Project is included in the PBCWUD FY21 Budget.
(PBCWUD Project No. 20-045) This project
is funded through the infrastructure sales tax. Districts 2 & 4
(MJ)
2. Staff recommends
motion to approve: Work Authorization (WA) No. 7 to the 2019 Pipeline
Continuing Construction Contract (Contract) with Johnson-Davis Incorporated
(Johnson-Davis) for the Century Village Water System Valve Program Year 3
(Project) in the amount of $513,220.80. SUMMARY: On February 11, 2020, the Board of County
Commissioners approved the Palm Beach County Water Utilities Department
(PBCWUD) Contract (R2020-0160) with Johnson-Davis. WA No. 7 provides for the
installation of approximately 45 gate valves ranging in size from 2-inch to
8-inch, associated appurtenances, and site restoration throughout the existing water
distribution system in the neighborhoods of Dorchester, Oxford, Wellington,
Andover, Coventry, and Waltham within Century Village located in West Palm
Beach. This Contract was procured under the requirements of the Equal Business
Opportunity Ordinance. On April 3, 2019, the Goal Setting Committee applied an
Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise
(SBE) subcontracting participation. The
Contract provides for 20.07% SBE participation. WA No. 7 includes 18.77% SBE participation.
The cumulative SBE participation including WA No. 7 is 22.65%. Johnson-Davis is
a Palm Beach County based Company. The Project is included in the PBCWUD FY21
Budget. (PBCWUD Project No. 20-072) District 2 (MJ)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) receive and file State Financial Assistance Recipient
Agreement No. 27303 (Agreement) and the Annual Certified Budget For Arthropod
Control (Form 13617) with the Florida Department of Agriculture and Consumer
Services (FDACS) for mosquito control activities performed during contract
period upon execution through September 30, 2021, for an amount not to exceed
$50,688.33;
B) approve a budget amendment of $3,379 in the State
Mosquito Fund to align the budget with the additional grant award amount.
SUMMARY: On June 16, 2020 (R2020-0682) the Board of
County Commissioners approved the County Administrator or designee to sign the
State Financial Assistance Recipient Agreement and Annual Certified Budget for
Arthropod Control. The Agreement provides arthropod control state aid of up to
$50,688.33 in quarterly installments to support mosquito control activities
including source reduction measures, public education, personnel training and
certification, mosquito population surveillance, larvacides,
adulticides, equipment and alerts as approved by
FDACS. A 25% County match ($16,895) is required. Countywide (SS)
2. Staff recommends
motion to:
A) approve a contract for Consulting/Professional Services (Contract) with the
Florida Fish and Wildlife Conservation Commission (FWC), to provide fisheries
monitoring in the Lake Worth Lagoon (LWL) in an amount not to exceed $179,549,
commencing upon execution and expiring on July 31, 2024; and
B) authorize the County
Administrator or designee to sign all future time extensions, task assignments,
certifications, and other forms associated with the Contract, and any necessary
minor amendments that do not significantly change the scope of work, terms, or
conditions of the Contract.
SUMMARY: The Contract authorizes FWC to provide continued fisheries monitoring in
the LWL as part of the LWL Management Plan.
FWC will compare fisheries presence, utilization and recruitment between
the central LWL restoration project and seagrass habitats in the northern
Lagoon. Monitoring under the current contract (R2018-1875) ends on December 30,
2020. The new Contract provides for three years of monitoring for both natural
communities and restoration sites beginning on January 1, 2021. Funding is provided by the Pollution Recovery
Trust Fund and LWL Monitoring Fund. Districts 1, 2, 3 &7 (SS)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: the
following eight executed Independent Contractor Agreements:
A)
Caroline Ann Karolinko, US Synchronized Swimming Coach at Aqua Crest
Pool, for the period of October 1, 2020 through September 30, 2021 in an amount
not to exceed $32,000;
B)
East Coast Aquatic Club,
LLC, USA Swimming Coach at Aqua Crest Pool, for the period of October 1, 2020
through September 30, 2021 in an amount not to exceed $64,000;
C)
LB2 Enterprises, Inc., d/b/a Palm Beach Masters, US Masters Swimming
Coach at Aqua Crest Pool, for the period of October 1, 2020 through September
30, 2021 in an amount not to exceed $45,000;
D)
Gordon Andrews, USA
Swimming Coach at Lake Lytal Pool, for the period of
October 1, 2020 through September 30, 2021 in an amount not to exceed $104,000;
E)
LB2 Enterprises, Inc.,
d/b/a Palm Beach Masters, US Masters Swimming Coach at Lake Lytal
Pool, for the period of October 1, 2020 through September 30, 2021 in an amount
not to exceed $35,000;
F)
Derek Jones, US Diving
Coach at North County Aquatic Complex, for the period of October 1, 2020
through September 30, 2021 in an amount not to exceed $75,000;
G)
Kiril Zahariev, USA
Swimming Coach at North County Aquatic Complex, for the period of October 1,
2020 through September 30, 2021 in an amount not to exceed $190,000; and
H)
LB2 Enterprises, Inc.,
d/b/a Palm Beach Masters, US Masters Swimming Coach at North County Aquatic
Complex, for the period of October 1, 2020 through September 30, 2021 in an
amount not to exceed $92,000.
SUMMARY: These Independent Contractor
Agreements have been fully executed on behalf of the Board of County
Commissioners (BCC) by the County Administrator in accordance with Resolution
94-422, amended by Resolutions 2002-2103, 2007-0409, 2012-0168 and 2017-0822. The Department is now submitting these
agreements in accordance with County PPM CW-O-051, which requires all delegated
agreements to be submitted by the initiating Department to the BCC as a receive
and file agenda item. Districts 1,
2, & 7 (AH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to:
A) ratify the signature of the Mayor on a
Florida Recreation Development Assistance Program (FRDAP) grant application
submitted to the State of Florida Department of Environmental Protection (FDEP)
on October 14, 2020, requesting $200,000 to fund the project elements
associated with the development of Paulette Burdick Park;
B) authorize the County Administrator or designee to execute the grant Project
Agreement, as well as 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 the designee and Liaison Agent
with FDEP for this project.
SUMMARY: This grant
application requests $200,000 from FRDAP for the development of Paulette
Burdick Park, located on a portion of Water Utilities Plant #8 located east of
Jog Road, south of Okeechobee Boulevard and will serve residents of the Cam
Estates and Meadowbrook Mobile Home Park neighborhoods. Project elements include two basketball
courts, playgrounds for ages 2-5 and 5-12 year olds, fitness equipment, open
play area, paved exercise trail, picnic facilities and support facilities
including landscaping, fencing, site furnishings and associated infrastructure.
If the FRDAP grant is awarded, the County
will provide matching funds using Infrastructure Sales Tax (IST) funding. If the grant is awarded,
and once the project is completed, the
Project Agreement requires a Notice of Limitation of Use to be recorded
in public records limiting the project site to outdoor recreation in perpetuity. District 2 (AH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to:
A) approve the contract with the Florida Department of State, Division of Library and Information Services, for a Library Services and Technology Act (LSTA) Grant in the amount of $64,913 for FY 2021;
B) approve a budget transfer of $92,613 from the Library Operating Fund, Contingency Reserves, as matching funds for the Assistive Listening Devices LSTA grant award;
C) approve a budget amendment to establish a budget of $157,526 in the County Library Services and Technology Grant Fund for the $64,913 grant award and $92,613 matching funds; and
D) authorize
the County Administrator or designee to
execute any other necessary agreements, amendments, forms and certifications
associated with the LSTA Grant agreement.
SUMMARY: The Palm Beach County Library System was awarded LSTA grant funds to purchase assistive listening devices for library meeting rooms. The grant funds were awarded through a competitive selection process undertaken by the State Library Council of Florida under the guidance of the Florida Department of State, Division of Library and Information Services. Many Palm Beach County Library System locations were outfitted with FM assistive listening systems when buildings were built and/or renovated before 2015. These systems are moving towards end of life. In addition to traditional FM assistive listening systems, Wi-Fi assistive technology allows visitors to use their own mobile devices to access audio performances. An updated assistive listening system will enable the Palm Beach County Library System to better serve the public. Grant funds are released upon completion of required deliverables as laid out in the contract in a series of up to five installments. Matching funds are primarily credited as staff time working on this project. Countywide (AH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
2. Staff recommends
motion to:
A) approve the contract with the Florida Department of State, Division of Library and Information Services, for a Library Services and Technology Act (LSTA) Grant in the amount of $103,864 for FY 2021;
B) approve a budget transfer of $45,105 from the Library Operating Fund, Contingency Reserves as matching funds for the Digital Display Signage LSTA grant award;
C) approve a budget amendment to establish a budget of $148,969 in the County Library Services and Technology Grant Fund for the $103,864 grant award and $45,105 matching funds; and
D) authorize
the County Administrator or designee to
execute any other necessary agreements, amendments, forms and certifications
associated with the LSTA Grant agreement.
SUMMARY: The Palm Beach County Library System was awarded LSTA grant funds to purchase and install digital signage for all branch locations. The grant funds were awarded through a competitive selection process undertaken by the State Library Council of Florida under the guidance of the Florida Department of State, Division of Library and Information Services. The digital displays would replace most posters and flyers, allowing for saving in print costs. Digital signage would be controlled centrally to allow easy updates and quick communication of time-sensitive messages. The grant funds would cover screens, media devices, software, and installation. Grant funds are released upon completion of required deliverables as laid out in the contract in a series of up to five installments. Matching funds are primarily credited as staff time working on this project. Countywide (AH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to approve:
A) Emergency Triage, Treat and Transport Model
(ET3) Participation Agreement for participation in the ET3 pilot program with
the Center for Medicare & Medicaid Services (CMS) for a term beginning upon
execution by CMS through December 31, 2027; and
B) delegation of authority to the County
Administrator or designee to execute and submit supporting and supplemental
documents necessary to participate in the ET3 pilot program, including
certification of the accuracy, completeness and truthfulness of data and
information relating to implementation of the Model and ET3 Model
Interventions, and compliance with applicable Model requirements relating to
ET3 Interventions.
SUMMARY: CMS is the agency within the U.S.
Department of Health and Human Services (HHS) that is charged with
administering the Medicare and Medicaid programs. The Participant is an entity
that is enrolled in Medicare as an ambulance service supplier or ambulance
provider. CMS is implementing the Emergency Triage, Treat, and Transport Model
(ET3 Model or Model) under Section 1115A of the Social Security Act (Act),
which authorizes CMS, through its Center for Medicare and Medicaid Innovation,
to test innovation payment and service delivery models that have the potential
to reduce Medicare, Medicaid or Children’s Health Insurance Program (CHIP)
expenditures while maintaining or improving the quality of care for Medicare,
Medicaid, or CHIP beneficiaries. The purpose of the ET3 Model is to test whether
paying for: 1) Transport to an Alternative Destination and 2) Treatment in
Place, each furnished to low-acuity Medicare fee for service (FFS)
beneficiaries following a 9-1-1 call, will reduce avoidable transports to the
hospital; of Medicare FFS beneficiaries to emergency departments and/or
utilization of other Covered Services. This Agreement provides for the
participation in the ET3 program for the performance period January 1, 2021
thru December 31, 2025. Countywide (SB)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind Interlocal
Agreement R2019-0347;
B) approve the replacement Interlocal Agreement
providing updated contract terms, upgrading bandwidth at three locations, and the addition of basic telephone services with the City
of Greenacres;
C) approve a budget amendment of $19,143 in the General Fund to allocate funds and
recognize revenue related to one-time installation costs; and
D) authorize the County Administrator or designee to approve and execute task orders
for additional IT services, up to a maximum dollar value of $50,000 per task order.
SUMMARY:
The City of Greenacres has an existing Interlocal Agreement with Palm Beach County (R2019-0347)
for network services and has requested the upgrade of increased bandwidth at
three building locations and the addition of basic telephone services. Staff recommends rescinding the existing agreement
and replacing it with a new agreement for a period of one year with four automatic
one-year renewals unless notice is given by either party. This new Interlocal Agreement which includes
updated contract terms to provide network and basic telephone services to the City of Greenacres, will
generate an increase in annual income of $15,720 to the County from $5,400 to
$21,120 and will fully reimburse the County for one-time installation costs to provide upgraded cabling required for the new telephone
service estimated at $19,143. The Florida LambdaRail, LLC has approved
connection of the City of Greenacres to the Florida LambdaRail network. District
2 (DB)
2. Staff recommends
motion to approve: an Interlocal Agreement
with the City of Lake Worth Beach providing a
formal process for usage of Lake Worth Beach power poles for attachment of
antennas. SUMMARY:
Palm Beach County and the City of Lake Worth Beach have identified the
need to implement a pole attachment program to provide for distance
learning. This Interlocal Agreement
provides a formal process for usage of the City of
Lake Worth Beach power poles for antenna placement. District 3 (DB)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to:
A) receive and file executed Amendment 3 for subcontract 18SAS26
with the Florida Council Against Sexual Violence (FCASV) to provide sexual
assault services in the amount of $106,338 for the period of August 1, 2020
through July 31, 2021 for a total of $309,127 for the period of August 1, 2018
through July 31, 2021; and
B) approve a budget amendment in the amount of $89,729
in the Public Safety Grants Fund to adjust the budget to the actual grant
award.
SUMMARY: This is
year three of a Sexual Assault Services Program (SASP) Formula Grant
(CFDA#16.017) that was awarded to the Palm Beach County Division of Victim
Services (DVS). The funds are used to
support and provide sexual assault services to primary and secondary victims.
Amendment 3 to contract #18SAS26 (R2018-1038) revises the total contract amount
to $309,127 which is inclusive of the $99,654 allocation received in Grant Year
(GY) 18, $103,135 allocation in GY19, and $106,338 allocation in GY20. Amendment 3
provides continued funding to the County for one full time Victim Advocate
position to increase intervention,
advocacy, accompaniment and support services to adult, youth, and child victims
of sexual assault and those collaterally impacted by the victimization with
emphasis on the Lesbian Gay Bisexual and Transgender community. If grant funding ceases, the position associated with this grant will be
deleted from the DVS complement. R 2018-1038 authorizes the County
Administrator or designee to execute FCASV grant contracts and amendments on
behalf of the County. No County matching funds are required. Countywide
(JW)
BB. YOUTH SERVICES
1. Staff recommends motion
to receive and file: Afterschool Arts
Outreach 2020/2022 Agreement with
Norton Museum of Art, Inc. (Agreement) for the period beginning October 1, 2020
through September 30, 2022, to continue providing afterschool arts community
education to economically and academically challenged youth attending the
Highridge Family Center (Highridge) at no additional cost to the County. SUMMARY: The
Highridge Family Center has been selected again by the Norton Museum of Art,
Inc. (Norton) to participate in Norton’s Afterschool Arts Outreach Program
(Program). The Program provides significant year-round exposure to art with
free weekly art classes to youth by a local professional artist. There are no
additional costs associated with this Agreement. On March 12, 2013,
Agenda Item No. 3X-1 authorized the County Administrator or designee to execute
future agreements/ amendments with Norton for the educational art
classes/programs at Highridge on behalf of the Board of County Commissioners,
after approval of legal sufficiency by the County Attorney’s Office. Pursuant to PPM# CW-F-049, the Board is notified that
while indemnification and insurance are included in this agreement, they are
not the standard articles. Both have been reviewed by Risk Management and the
County Attorney’s Office and were deemed acceptable. J. Rachel Gustafson an
employee of Norton Museum of Arts, Inc. is a member of the Public Art
Committee. This board provides no regulation, oversight, management or
policy-setting recommendations regarding the Agreement. 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. Countywide (HH)
DECEMBER 8, 2020
3. CONSENT
AGENDA APPROVAL
CC. OFFICE OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve: contracts for the Handicap Accessibility and
Awareness Grant Program with the non-profit agencies listed below, as of the
date of approval of the contract by Palm Beach County Board of County
Commissioners through September 30, 2021, in the amount not to exceed $30,000:
A) a contract with
Palm Beach Habilitation Center, Inc. to replace automatic handicap door openers
at three of Palm Beach Habilitation Center’s buildings located on their main
campus. These buildings are used to serve seniors with disabilities,
individuals with significant disabilities, and individuals who need support to
continue living independently in the community, in an amount not to exceed
$6,000;
B) a contract with
Lake Worth Towers, Inc. to determine the scope of work needed to update
elevators so that they are in compliance with current Americans with
Disabilities Act guidelines and regulations. Additionally, Lake Worth Towers
plans to update the generator to provide access to power for elderly
individuals with disabilities during a natural disaster such as a hurricane or
other times when electrical power is interrupted, in an amount not to exceed
$10,000; and
C) a contract with NAMI of Palm Beach County,
Inc. to provide funding for unique, one-time access to services or resources
for individuals living in Palm Beach County. Working with other community
mental health providers, the funds fill one-time needs and gaps that reduce
access to behavioral health services for individuals who do not have the
financial means to access those services or resources, in an amount not to
exceed $10,000.
SUMMARY: On July 2, 2019, the Board of County
Commissioners adopted Ordinance 2019-027 which included a provision for the
Fair Housing Board to review proposals and make recommendations on the award of
the program's budgeted grant funds. Through a
competitive application process, the Fair Housing Board reviewed responsive
proposals submitted by non-profit agencies in conformance with the Ordinance
and established program guidelines to support the recommendation to fund the
agencies listed above. Funding for the program was approved in the FY 2021 budget.
Countywide (DO)
* * * * * * * * * * * *
DECEMBER 8, 2020
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) COVID-19 Update by
Dr. Alonso and County Staff
B) United Way Presentation
* * * * * * * * * * * *
DECEMBER 8, 2020
A. OFFICE
OF EQUAL OPPORTUNITY
1. Staff recommends
motion to approve on preliminary reading and permission to advertise for public
hearing on January 12, 2021 at 9:30 a.m.: an ordinance of the Board of
County Commissioners of Palm Beach County, Florida, amending Palm Beach County
Code, Chapter 2, Article VI, codifying
Ordinance 2017-013, the Palm Beach County Equal Employment Ordinance;
providing for amending the definition of employer; providing for repeal of laws
in conflict; providing for savings clause; providing for severability;
providing for inclusion in the Code of Laws and Ordinances; providing for an
effective date. SUMMARY: After several
amendments, over the past two decades, the Palm Beach County Equal Employment
Ordinance (Ordinance) was repealed and replaced in 2017 to bring it into
substantial compliance with Federal and State Laws governing equal employment
and the County’s policy concerning Advisory Boards such as the Equal Employment
Board. Notwithstanding, the current definition of “Employer” protects employees
and prospective employees, only where a person that is regularly engaged in an
industry affecting commerce has 15 or more employees. Furthermore, the
Ordinance “Employer” definition is inconsistent with Miami-Dade County, Broward
County and the City of West Palm Beach’s “Employer” definition, which includes
any person who in the regular course of business has five or more employees.
Amending the definition will expand the protection against discrimination
afforded to job applicants and employees in Palm Beach County. The League of
Cities has no opposition to the proposed amendment to the Ordinance on the
condition that the County conduct outreach regarding the proposed amendment to
the small business community. County staff has coordinated with the Office of
Equal Business Opportunity to conduct outreach to the small business community
regarding the proposed revision. The Equal Employment Board supports the
Ordinance in its proposed form. Countywide (DRO)
B. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to:
A) adopt a resolution authorizing the conveyance of two properties that escheated to the County to the City of
Boca Raton (City) pursuant to Section
197.592(3), Florida Statutes, without charge and with reservation of mineral
and petroleum rights without rights of entry and exploration; and
B) approve a County Deed in favor of the City.
SUMMARY: The County acquired two properties located within the municipal
boundaries of the City by Tax Deed measuring approximately 0.1718 acres and a
combined value of $52. These unbuildable
properties serve no present or future County purpose. Pursuant to Section 197.592(3), Florida
Statutes, properties that escheated to the County for delinquent ad valorem
taxes which have not been previously sold, acquired for infill housing or
dedicated by the Board of County Commissioners and which have not been conveyed
to the former record fee simple owner, shall be conveyed to the municipality in
which the property is located.
Conveyance will relieve the County of potential liability and
maintenance costs on the property. In
accordance with Section 270.11, Florida Statutes, the County will retain
mineral and petroleum rights without rights of entry and exploration. This conveyance must be approved by a
Supermajority Vote (5 Commissioners). (Property & Real
Estate Management) District 4 (HJF)
DECEMBER 8, 2020
5. REGULAR AGENDA
B. FACILITIES
DEVELOPMENT AND OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) adopt a resolution authorizing the conveyance of
the County’s interest in a 0.17-acre property to Patricia Antoniou at no
charge and without reservation of mineral and petroleum rights; and
B) approve a Quit
Claim Deed in favor of Patricia Antoniou.
SUMMARY: Ms. Patricia Antoniou owns a 0.17 improved
residential property located at 1715 SW 21st Street in Boynton
Beach. Unbeknownst to the County, on June 8, 2020, Ms. Antoniou recorded a
warranty deed, reserving a life estate for herself and conveying one-quarter
remainder interest to Palm Beach County Animal Care and Control in the event
her heir predeceases her. Staff recommends that the County re-convey the
property to Ms. Antoniou without competitive bidding under the alternative
disposition procedures established by Ordinance 2019-038. The ordinance
requires a finding by the Board that Ms. Antoniou is the only person capable of
utilizing the parcel for its highest and best use. Re-conveyance to Ms.
Antoniou is justified as the County did not request such conveyance nor did the
Board accept the deed. Since Ms. Antoniou recorded the warranty deed, it
could cause potential title and liability issues in the future.
Therefore, staff recommends approval of the Quit Claim Deed in favor of Ms.
Antoniou releasing any purported future County interest. Animal Care
& Control Division has no objection to this conveyance. This conveyance
must be approved by a Supermajority Vote (5 Commissioners) (Property & Real Estate Management) District
3 (HJF)
C. PLANNING, ZONING &
BUILDING
1. Staff recommends a
motion to adopt: a
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
authorizing Palm Beach County, Florida, to commence the negotiation process for
an Interlocal Service Boundary Agreement between Palm Beach County and the City
of Greenacres, pursuant to Chapter 171, Part II, Florida Statutes; and providing an effective date. SUMMARY: On November 2, 2020, the City of Greenacres adopted an Initiating Resolution No. 2020-45
pursuant to Chapter 171, Part II, Florida Statutes, as a first step in the
process of completing an Interlocal Service Boundary Agreement (ISBA) for a
designated area outside of the boundaries of the
City. Pursuant to Chapter 171, Part II,
Florida Statutes, the County shall adopt a Responding
Resolution within 60 days after the receipt of an Initiating Resolution. Exhibit
"A" of the resolution identifies the unincorporated area for discussion,
and is located within the City's future annexation area. The resolution
provides options that may be negotiated during the process, including service
providers and boundary adjustments. The ISBA was established to
encourage local governments to coordinate service delivery and plan for boundary
adjustments. By adopting the
Responding Resolution, the negotiations can begin; however, the County is not
obligated to enter into an interlocal agreement.
Additionally, the resolution does not annex any property at this time. Planning staff will work closely with other County departments and City staff following the
adoption of the Responding Resolution to develop an interlocal
agreement, which will be presented to the Board at a later date. District 2 (RB)
DECEMBER 8, 2020
5. REGULAR AGENDA
D. OFFICE OF RESILIENCE
1. Staff recommends
motion to approve: an lnterlocal
Agreement with
Broward, Miami-Dade, and Monroe counties for the cost-share support of
services for the Southeast Florida Regional Climate Change Compact effective
January 1, 2021 and ending on January 1, 2024. SUMMARY: This Interlocal Agreement (ILA)
replaces the ILA approved in resolution R2018-0201, which expires on February
28, 2021. This ILA authorizes Broward County to serve as the fiscal agent
overseeing a contract with the non-profit Institute for Sustainable Communities
for the continuation of staffing coordination, project management, and
facilitation services for the Southeast Florida Regional Climate Change Compact
(Compact) to 2024. Pursuant to the terms of the lnterlocal
Agreement, each of the four counties will contribute $100,000 per fiscal year
for this purpose. This completes a stepwise increase in the amount from the original
2009 agreement of $50,000 due to changes in grant funding. Approval of this
item advances and reaffirms Palm Beach County’s commitment to climate
resilience planning and regional coordination. Countywide (RPB)
2. Staff recommends
motion to approve: Indemnification agreement between Enhanced PACE
Finance, LLC, as an Administrator of Florida Resiliency and Energy District,
and Palm Beach County, Florida. SUMMARY:
The Board of County Commissioners (BCC) has authorized a Property Assessed
Clean Energy (PACE) program for third parties to provide funding for energy
efficiency, renewable energy, and wind resistant improvements for residential
and commercial properties by levying non-ad valorem assessments on property
owners’ tax bills. The County enters into Interlocal Agreements (ILAs) with
multiple PACE agencies/authorities/districts (Districts) for them to provide
the financing for qualifying improvements. Districts are then required to
promptly obtain indemnification agreements from all third party administrators.
In the ILA between Palm Beach County and the Florida Resiliency and Energy
(FRED) PACE district (R2017-1098), the BCC authorized the County Administrator or
designee to execute such indemnification agreements with subsequent
administrators of FRED. The BCC then rescinded such delegated authority on
September 10, 2019. The Office of Resilience is bringing forth this item
because FRED seeks to add Enhanced PACE Finance, LLC (Enhanced) as a PACE
administrator for commercial projects, thus requiring an indemnification
agreement. This indemnification agreement acknowledges that Enhanced is a
third-party administrator for FRED and that Enhanced agrees to indemnify and
hold the County harmless as Enhanced assists FRED. Countywide (RPB)
* * * * * * * * * * * *
DECEMBER 8, 2020
A. ADMINISTRATION
1. Staff recommends
motion to approve: two appointments to the Commission on Ethics (COE)
Review Committee, effective December 8, 2020:
Appointment Seat Requirement Nominated By
David H. Baker Appointed by BCC COE
Commissioner
Marino
AND/OR
Andrea McMillan Appointed by BCC COE
Commissioner
McKinlay
Commissioner
Sachs
Commissioner
Marino
Vice-Mayor
Weinroth
AND/OR
Chauncey Graham Appointed by BCC COE
Commissioner
McKinlay
Commissioner
Sachs
Vice-Mayor
Weinroth
SUMMARY: The
Executive Director of the COE, in agreement with the Ethics Commission and the
League of Cities is requesting the COE Review Committee review the following
ethics ordinances and make recommendations of proposed amendments to the Board
of County Commissioners:
A) Commission on Ethics Ordinance;
B) Code of Ethics Ordinance; and
C) Lobbyist Registration Ordinance.
Although the Board of County Commissioners has authority to appoint
individuals without input from the COE, the Ethics Commission is offering three
candidates for consideration that they believe will provide the expertise and
diversity needed to represent the citizens of Palm Beach County. The COE
nominees are David H. Baker, Esquire; Andrea McMillan, Esquire; and Chauncey
Graham.
2. Staff recommends
motion to approve: Board of
County Commissioners appointments to the Treasure Coast Regional Planning
Council for a one year term beginning January 1, 2021 to December 31,
2021. Proposed appointments are shown
below:
Regular
Seats Seat No. Requirement
Commissioner Maria G. Marino 1 Palm
Beach County Official
Commissioner Mack Bernard 2 Palm
Beach County Official
Commissioner Gregg K. Weiss 3 Palm
Beach County Official
Alternate
Seats:
Commissioner Melissa McKinlay 1A Palm Beach County Official
Commissioner Robert S. Weinroth 2A Palm Beach County Official
Commissioner Dave Kerner 3A Palm
Beach County Official
SUMMARY: In accordance with the Treasure Coast
Regional Planning Council (TCRPC) Rules of Order, the Board of County
Commissioners (BCC) is requested to appoint their members and alternates for
the coming year before the Council’s Annual meeting on December 11, 2020. The BCC will also need to ratify the Palm
Beach County League of Cities members under a separate board appointment item. Countywide
(RPB)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
DECEMBER 8, 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
DECEMBER 8, 2020
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request
for off-site Proclamation declaring December 1, 2020 as World AIDS Day in Palm
Beach County
District 3 – COMMISSIONER DAVE KERNER
District 4 – COMMISSIONER ROBERT S. WEINROTH
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER MELISSA MCKINLAY
Request for off-site Proclamation
recognizing the 60th Anniversary of Florida Crystals
District 7 – COMMISSIONER MACK BERNARD
DECEMBER 8, 2020
9. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
DECEMBER 8, 2020
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."