March 8, 2022
9:30am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
MARCH 8, 2022
PAGE ITEM
70 7A-1 ADD-ON: Staff recommends motion to appoint: one individual to
the Health Care District of Palm Beach County for a four year term beginning
March 8, 2022 and ending September 30, 2025:
Appoint Seat No. Seat Requirement Nominated
By
Dr. Teresa Johnson 1 Elected
Official in PBC Comm.
Bernard
OR
Erica Whitfield 1 Elected Official in PBC Comm.
Kerner
Comm.
McKinlay
Comm.
Marino
Mayor
Weinroth
Comm.
Sachs
SUMMARY: Per
Chapter 2003-326, Laws of Florida, the Health Care District of Palm Beach
County 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 Health Care District of Palm Beach County, 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. The Seat No. 1 term will be begin upon
appointment of the BCC, March 8, 2022 and end September 30, 2025. Cory Neering,
former West Palm Beach City Commissioner, most recently filled the seat. Mr.
Neering did not seek reelection to the City Commission and was not eligible for
appointment since the seat qualification requires one to be an elected official
at the time of appointment. Dr. Teresa Johnson currently serves as a member of
the Town of Haverhill City Commission; Erica Whitfield currently serves as a
member of the School Board of Palm Beach County. The diversity of the Palm Beach County
appointed representatives to the Board include one Caucasian male and one
African-American female. The other appointees to the board include two
Caucasian male, one Hispanic-American female and one Caucasian female. Countywide
(HH) (Admin)
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
MARCH 8, 2022
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 10-59)
4. SPECIAL
PRESENTATIONS (Page 60)
5. REGULAR AGENDA (Pages 61-68)
6. BOARD OF COUNTY COMMISSIONERS SITTING AS
THE ENVIRONMENTAL CONTROL BOARD (Page 69)
7. BOARD APPOINTMENTS (Page 70)
8. STAFF
COMMENTS (Page 71)
9. BCC
COMMENTS (Page 72)
10. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 73)
11. ADJOURNMENT (Page 74)
* * * * * * * * * * *
MARCH 8, 2022
CONSENT AGENDA
A. ADMINISTRATION
Page 10
3A-1 Ratify
appointment to the Treasure Coast Regional Planning Council
3A-2 Appointment
to the Florida Atlantic Research & Development Authority
Page 11
3A-3 Golf Tournament Agreement with Trump
International Golf Club, L.C. and the Jupiter Children’s Foundation for a
charitable golf tournament
B. CLERK & COMPTROLLER
Page 11
3B-1 Warrant
list
3B-2 Receive
and file list of finance department records, which are scheduled for destruction
3B-3 Contracts
and claims settlements list
3B-4 Change orders, work task orders, minor
contracts, final payments, etc.
C. ENGINEERING & PUBLIC WORKS
Page 12
3C-1 Receive and file Grant Supplemental Agreement
with the Florida Department of Transportation for the SR-7 at Weisman Way
intersection improvements project
3C-2 Work order to contract with Ranger
Construction Industries, Inc. to mill and resurface Belvedere Road from Jog
Road to Haverhill Road
Page 13
3C-3 Work order to contract with M&M Asphalt
Maintenance, Inc. to mill and resurface 10th Avenue North from
Pinehurst Drive to Haverhill Road
3C-4 Consultant Service Authorization to contract
with Mehta and Associates, Inc. for the Wabasso Drive over the Lake Worth
Drainage District Later 2 Canal project
D. COUNTY ATTORNEY
Page 13
3D-1 Settlement
agreement with Theresa Hunter
Page 14
3D-2 Amendment to contract with Manson Bolves
Donaldson Varn, P.A. for professional legal services
E. COMMUNITY SERVICES
Page 15
3E-1 Appointments
to the Farmworker Program Advisory Board
Page 16
3E-2 Use of Facility Agreement with the Rainbow
Housing Assistance Corporation to provide a congregate meal site at the St.
Andrews Residence
MARCH 8, 2022
TABLE OF CONTENTS
CONSENT AGENDA
E. COMMUNITY SERVICES (Cont’d)
Page 17
3E-3 Affiliation agreement with Keith &
Associates Inc., Distance Dietetic Internship for a student dietitian
internship
3E-4 Ratify the Mayor’s signature on the
Emergency Rental Assistance Program 1 Request for Reallocated Fund to provide
emergency rental and utility assistance
Page 18
3E-5 Receive and file the Agency for Health Care
Administration Health Care Licensing Applications for the North County and
Mid-County Adult Day Care Center licenses
Page 19
3E-6 Subrecipient agreement with The Salvation
Army for provision of rapid re-housing services
Page 20
3E-7 Receive and file contract with Rebel
Recovery Florida, Inc. for services to homeless individuals due to COVID-19
Page 21
3E-8 Agreement with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. for in-home and community base services to
seniors
Page 22
3E-9 Appointment to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Council
F. AIRPORTS
Page 22
3F-1 Receive
and file amendment to Non-signatory Airline Agreement with Allegiant Air LLC
Page 23
3F-2 Receive
and file amendment to extension of the Public Transportation Grant Agreement
with the Florida Department of Transportation for the public address system
replacement at PBI
3F-3 Receive
and file Federal Aviation Administration Grant Agreement for Airport Rescue
Grant at PBI
Page 24
3F-4 Receive
and file Federal Aviation Administration Grant Agreement for Airport Rescue
Grant at the North Palm Beach County General Aviation Airport
3F-5 Receive
and file Federal Aviation Administration Grant Agreement for Airport Rescue
Grant at the Palm Beach County Park Airport
Page 26
3F-6 Receive
and file Federal Aviation Administration Grant Agreement for Airport Rescue
Grant at the Palm Beach County Glades Airport
3F-7 Resolution
establishing a standard form Non-commercial Self-Service Fueling Permit for PBI
MARCH 8, 2022
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
(Cont’d)
Page 26
3F-8 Receive
and file Public Transportation Grant Agreement with the Florida Department of
Transportation for the Southside Redevelopment Project – Phases 3 and 4 at Palm
Beach County Park Airport
3F-9 Interlocal
agreement with the Village of Royal Palm Beach regarding airport zoning
regulations
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 27
3G-1 Receive
and file annual report for the fiscal year ending September 30, 2021 from the
Boynton Beach Community Redevelopment Agency
3G-2 Change
from the previously approved categories to the revenue replacement category
within the American Rescue Plan Act
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 28
3H-1 Receive and file license agreement for use of
county-owned property to the County Stockade
3H-2 Appointment to the Public Art Committee
Page 29
3H-3 Work order to contract with Florida
Mechanical LLC for the C.L. Brumback Health Center-Chiller Replacement project
Page 30
3H-4 Receive and file change order to amendment to
contract with Robling Architecture Construction, Inc. for the Convention Center
Sky-Room project
Page 31
3H-5 Contract with KGW Enterprises, Inc. for
plumbing services
Page 32
3H-6 Contract with Garabar, Inc. for roofing
services
Page 33
3H-7 Contract with Air Handlers of the Palm
Beaches, Inc. for Heating, Ventilation and Air Conditioning services
Page 34
3H-8 Contract with Glades Roofing, LLC for general
minor construction services
Pages 35-36
3H-9 Contract with Garabar, Inc. for painting and
weatherproofing services and increase in maximum dollar valve of painting and
weatherproofing contracts
Page 37
3H-10 Contracts with two contractors for the Fire
Station Capital Improvements Program - Renovations
Page 38
3H-11 Receive and file license agreement with the
Friends of the Mounts Botanical Garden, Inc. for the Garden of Lights event
MARCH 8, 2022
TABLE OF CONTENTS
CONSENT AGENDA
H. FACILITIES DEVELOPMENT & OPERATIONS (Cont’d)
Page 38
3H-12 Amendment to Interlocal Agreement with the Town
of Lake Park and the Palm Beach County Sheriff’s Office to provide fuel
services
Page 39
3H-13 Interlocal Agreement with the State of Florida,
State Attorney’s Office, 15th Judicial Circuit for fleet management
services
Page 40
3H-14 Consultant Services Authorization to contract
with Song & Associates, Inc. for the Mosquito Control Division Compound
project
Page 41
3H-15 Work order to contract with Door Systems of
South Florida, Inc. for the Palm Beach County Convention Center – Exhibit Hall
Door Reconditioning project
Page 42
3H-16 Agreement with Social Space, LLC for
installation of “VOTE!” sculpture
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 43
3I-1 Certification by State or Local Official of
Pahokee Housing Authority Plans Consistency with the Consolidated Plan
3I-2 Receive
and file loan agreement with New Urban Community Development Corporation, Inc.
Page 44
3I-3 Receive and file documents in connection
with a loan to Jem Farms, Inc. under the United States Department of
Agriculture Intermediary Relending Program
K. WATER UTILITIES
Page 45
3K-1 Consultant Services Authorization to
contract with Mock, Roos & Associates, Inc. for Lift Station Rehabilitation
Page 46
3K-2 Receive and file Standard Water and
Wastewater Development Agreements
Page 47
3K-3 Emergency extension to contract with Aquifer
Maintenance and Performance Systems, Inc. for system-wide wellfield maintenance
Page 48
3K-4 Consultant Services Authorization to
contract with Chen Moore and Associates, Inc. for the Lift Station
Rehabilitation Priority Work Phase 2
MARCH 8, 2022
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 49
3L-1 Appointments to the Groundwater and Natural
Resources Protection Board
Page 50
3L-2 Receive and file change order to contract
with the Florida Fish and Wildlife Conservation Commission for aquatic
vegetation control for various lakes
3L-3 Receive and file amendment to Memorandum of
Agreement with Marine Industries Association of palm Beach County, Inc. for the
Lake Worth Inlet Flood Shoal Dredging Project
Page 51
3L-4 Receive and file amendment to agreement with
the Florida Department of Environmental Protection for the South Jupiter
Hurricane Irma Recovery project
Page 52
3L-5 Receive and file Florida Inland Navigation
District Project Agreement for the South Lake Worth Inlet Sand Trap and Boat
Channel Dredging project
Page 53
3L-6 Receive and file Annual Certified Budget for
Mosquito Control for with the Florida Department of Agriculture and Consumer
Services
M. PARKS & RECREATION
Page 53
3M-1 Receive and file Entertainment Contractor
Agreement with Mary Washington-Brooks
Page 54
3M-2 Budget transfer for the West Delray Regional
Parking Expansion project
S. FIRE RESCUE
Page 54
3S-1 Receive and file Emergency Triage, Treat,
and Transport Model Annual Certification form to the Centers for Medicare &
Medicaid Services
Page 55
3S-2 Ratify the FY 2021 Staffing for Adequate
Fire and Emergency Response grant application to the U.S. Department of
Homeland Security’s Federal Emergency Management Agency
U. INFORMATION SYSTEMS SERVICES
Page 55
3U-1 Amendment to Interlocal Agreement with the
City of Greenacres for additional phone services
MARCH 8, 2022
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY
Page 56
3X-1 Resolution authorizing the County
Administrator or designee to sign the FY 2021-2022 annual Emergency Medical
Services application
3X-2 Amendment to contract with Phamatech, Inc.
to provide drug testing for indigent pretrial defendants
Page 57
3X-3 Receive and file amendment to purchase order
with the Florida Department of Corrections for adult reentry services
AA. PALM TRAN
Page 58
3AA-1 Terms of Payment Processing Services Agreement with Genfare
BB. YOUTH SERVICES
Page 58
3BB-1 Receive and file Agency Affiliation Agreement with Nova Southeastern
University, Inc. for supervised clinical experiences
CC. TOURIST DEVELOPMENT COUNCIL
Page 59
3CC-1 Receive and file FY2022 grant agreement with Equestrian Sport
Productions, LLC for promotion of the Winter Equestrian Festival
DD. COMMISSION ON ETHICS
Page 59
3DD-1 Appointment to the Commission on Ethics Review Committee
SPECIAL PRESENTATIONS
Page 60
4A Florida Bicycle Month
4B Flood Awareness Week
4C Certificate of Commendation in honor or
Irwin Lebow
4D Sexual Assault Awareness Month
4E Government Finance Professionals Week
4F Rita Thrasher Month
4G Certificate of Recognition to Yolette
Bonnet
MARCH 8, 2022
TABLE OF CONTENTS
REGULAR AGENDA
A. COUNTY ATTORNEY
Page 61
5A-1 Private attorney-client session
Page 62
5A-2 Addition of litigation section positions
B. OFFICE OF RESILIENCE
Page 63
5B-1 Department of Economic Opportunity’s Rebuild
Florida General Planning Support Program’s Community Development Block Grant
Mitigation Program Standard Grant Agreement to create a Vulnerability
Assessment and Resilience Action Plan
C. ENGINEERING & PUBLIC WORKS
Page 64
5C-1 Purchase and sale agreement with the property
owner at 9363 Old Dixie Highway, Lake Park for the construction of Congress
Avenue Extension from north of Northlake Boulevard to Alternate A1A project
D. AIRPORTS
Page 65
5D-1 Contract with Alen Construction Group, Inc.
for the 400 Hz Ground Power Unites Point of Use project at PBI
E. HOUSING AND ECONOMIC DEVELOPMENT
Page 66
5E-1 Impact Fee Affordable Housing Assistance
Program award to LandTrust Holdings, LLC for the Major Drive project
F. PUBLIC SAFETY
Page 67
5F-1 Interlocal agreement with the School Board
of Palm Beach County, Florida for acceptance of grant funds under the Driver
Education Safety Trust Fund Grant program
G. PLANNING, ZONING & BUILDING
Page 68
5G-1 Ordinance amending the Mortgage Foreclosure
Registration ordinance
MARCH 8, 2022
TABLE OF CONTENTS
REGULAR AGENDA
BOARD OF COUNTY COMMISSIONERS SITTING AS THE
ENVIRONMENTAL CONTROL BOARD
Page 69
6A-1 Ordinance
amending the Palm Beach County Environmental Control ordinance
BOARD
APPOINTMENTS (Page 70)
STAFF COMMENTS
Page 71
8A-1 Receive and file updated Board Directive
Reports
COMMISSIONER COMMENTS (Page 72)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 73)
ADJOURNMENT (Page 74)
MARCH 8, 2022
A. ADMINISTRATION
1. Staff recommends
motion to ratify: the
following Palm Beach County League of Cities (League) representative to the
Treasure Coast Regional Planning Council (TCRPC), beginning March 8, 2022 to
December 31, 2022:
Nominee Seat No. Representing
Alternate appointment:
Deborah Searcy, Vice Mayor 8A Village
of North Palm Beach
SUMMARY: In accordance with the TCRPC Rules of
Order, the Board of County Commissioners (BCC) appointed its members and
alternates for the coming year before the Council’s annual meeting on December
10, 2021. The TCRPC Rules of Order also require the BCC ratify the League’s
members. The League appointed the above municipal representatives at their
January, 2022 meeting. Countywide (RPB)
2. Staff recommends
motion to approve: the
appointment of one individual to the Florida Atlantic Research & Development
Authority (Authority) to complete an unexpired term ending June 6, 2023:
Appoint Seat
No. Seat Requirement Nominated By
Alex Price 3 PBC
Resident/Employed Mayor
Weinroth
In the Private Sector
SUMMARY: On October 3, 1985, the Board of County Commissioners (BCC) adopted
Ordinance No. 85-32, which created the Florida Atlantic Research &
Development Authority. The Authority is
comprised of seven members: three Palm Beach County representatives, three
Broward County representatives and the President of Florida Atlantic University
or designee. Representatives must be
employed in the private sector and reside in the County in which they
represent. Even though this is an
at-large appointment, historically, staff has requested nominations for the
Authority from the District 4 Commissioner, and Mayor Weinroth has nominated
Alex Price. The current diversity of the two Palm Beach County representatives
is: Caucasian: 2. The gender ratio is (male:female) is 1:1. Mr. Price is a Caucasian
male. Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
3. Staff recommends
motion to approve:
Golf Tournament Agreement between Palm Beach County, Trump International Golf
Club, L.C. and the Jupiter Children’s Foundation, Inc. for a one day charitable
golf tournament to be held on April 25, 2022. SUMMARY: The
Development Site Lease Agreement with the Trump International Golf Club, L.C.,
approved on September 3, 1996 (R96-1277D), allows the use of the golf course
during the months of May through October for the County to host either a single
two-day, or two one-day charitable golf tournament(s). The Golf Tournament
Agreement provides for the Trump International Golf Club to be available
exclusively for the tournament, to be held on April 25, 2022. Proceeds from the
tournament will benefit the Jupiter Children’s Foundation, Inc. Pursuant to the
County’s policy pertaining to the rotation schedule for selecting an
organization to participate in the charity golf tournament, District 1 has
chosen the Jupiter Children’s Foundation, Inc. for this year. Countywide
(AH)
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 receive and file: a list of
Clerk & Comptroller (Clerk) Finance Department records which have met the
revised required State retention schedule and are scheduled for destruction. SUMMARY: These records have met the
required retention schedule of the Florida Division of Library and Information
Services per Sections 28.30, 28.31, 257.36 (6), Florida Statutes.
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:
change orders, work task orders, minor contracts, final payments and
other items approved by the Contract Review Committee and by the department
heads for the Engineering Department; Facilities Development and Operations
Department; Water Utilities Department; Environmental Resources Management
Department; and the Department of Airports during January 2022. Countywide
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to receive and file: State Funded Grant Supplemental Agreement
Number Four (Supplement) to the State Funded Grant Agreement, R2018-0364, with
the Florida Department of Transportation for the design of SR-7 at Weisman Way
Intersection Improvements, extending the expiration date of the agreement from
December 31, 2021 to June 30, 2022. SUMMARY: In accordance with Countywide PPM CW-O-051,
all delegated contracts, agreements and grants must be submitted by the
initiating department as a receive and file agenda item. As authorized by
Resolution R2012-0035, and delegation from the County Administrator, the
Assistant County Engineer approved the Supplement on December 22, 2021. District
6 (YBH)
2. Staff recommends
motion to approve: Work Order 2021050-02 in the amount of
$631,000 to mill and resurface Belvedere Road from Jog Road to Haverhill Road
utilizing Palm Beach County’s (County) annual asphalt milling and resurfacing
contract R2021-0984 (Contract) with Ranger Construction Industries, Inc.
(Ranger). SUMMARY: Per County PPM CW-F-050, this work order exceeds the
$200,000 threshold for staff approvals of work orders to annual contracts, thus
requiring approval from the Board of County Commissioners (BCC). Approval of
this work order will allow the contractual services necessary to construct the
improvements. Prior to this meeting date, approximately $6 million of Ranger’s
$50 million Contract that was approved on August 17, 2021, by the BCC, has been
spent or encumbered. This Contract is one of three contracts that had an
available total of $50 million for the annual asphalt milling and resurfacing
program. The Affirmative Procurement Initiative selected for this Contract on
September 16, 2020 by the Goal Setting Committee is a 15% minimum mandatory
Small Business Enterprise (SBE) participation. Ranger agreed to 15% SBE
participation for the Contract and for this work order. The cumulative SBE
participation, including this work order is 15%. This project is included in the infrastructure sales tax. District
2 (YBH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends
motion to approve: Work Order 2021050-04 in the amount of
$779,000 to mill and resurface 10th Avenue North from Pinehurst Drive to
Haverhill Road utilizing Palm Beach County’s (County) annual asphalt milling
and resurfacing contract R2021-0985 (Contract) with M&M Asphalt
Maintenance, Inc. (M&M). SUMMARY:
Per County PPM CW-F-050, this work order exceeds the $200,000 threshold for
staff approvals of work orders to annual contracts, thus requiring approval
from the Board of County Commissioners (BCC). Approval of this work order will
allow the contractual services necessary to construct the improvements. This is
the first work order to be issued under M&M’s $50 million Contract that was
approved by the BCC on August 17, 2021. This Contract is one of three contracts
that had an available total of $50 million for the annual asphalt milling and
resurfacing program. The Affirmative Procurement Initiative selected for this
Contract on September 16, 2020 by the Goal Setting Committee is a 15% minimum
mandatory Small Business Enterprise (SBE) participation. M&M agreed to 15%
SBE participation for the Contract and for this work order. This project is included in the
infrastructure sales tax. District 3 (YBH)
4. Staff recommends motion to approve: a Consultant Service Authorization (CSA) to the Annual Construction Engineering Inspection (CEI) Professional Services Contract (R2021-0882) dated July 13, 2021 (Contract) with Mehta and Associates, Inc. (MAI) in the amount of $156,780 for Wabasso Drive over the Lake Worth Drainage District Lateral 2 Canal (934237) (Project). SUMMARY: Approval of this CSA will authorize the professional services necessary for the CEI required for the Project. The Affirmative Procurement Initiatives selected for this Contract on November 6, 2021 by the Goal Setting Committee are a 20% minimum mandatory Small Business Enterprise (SBE) participation and an SBE evaluation preference. MAI agreed to 20% SBE participation for the Contract, and 21.46% SBE participation for this CSA. The cumulative SBE participation to date for the Contract including this CSA is 21.62%. MAI is a Palm Beach County based company and a certified SBE company. This Project is included in the Five-Year Road Program and the infrastructure sales tax. District 7 (YBH)
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a
Settlement Agreement, inclusive of attorney’s fees and costs, in the total
amount of $60,000 in the personal injury action styled Theresa Hunter vs. Palm
Beach County, Case No. 502020CA007314XXXXMB AF. SUMMARY: This is a personal injury lawsuit arising from a motor
vehicle accident in Boynton Beach. Plaintiff’s vehicle was struck by a Palm
Beach County Fire Rescue ladder truck. Plaintiff suffered hip, back, neck, and
shoulder injuries following the incident and underwent medical treatment
including injections and spinal surgery. Countywide (JM)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY (Cont’d)
2. Staff recommends
motion to approve: a Fourth
Amendment to the contract for Professional Legal Services (Fourth Amendment)
with Manson Bolves Donaldson Varn, P.A. (MBDV), increasing the not-to-exceed
amount to $270,000. SUMMARY: The County Attorney, in accordance with the
delegation set forth in Section 305.04 of the Palm Beach County Administrative
Code, entered into the contract with MBDV on August 27, 2019 to provide certain
legal services related to the U.S. Army Corp of Engineers, Jacksonville
District’s 2019 Planned Deviation to the Water Control Plan for Lake Okeechobee
and Everglades Agricultural Area (LORS 2008), as well as other Lake Okeechobee
operations that have the potential to impact the County. The original not-to-exceed amount under the contract
was $50,000. On October 29, 2019, the
County Attorney entered into the First Amendment to the contract in order to
amend the scope of the legal services provided by MBDV to include general
issues of Water Law and South Florida Water Management District matters
including but not limited to the County’s Loxahatchee River Restoration Local
Initiative and Mecca Site Evaluation.
The First Amendment did not modify the original not-to-exceed
amount. On July 7, 2020, the Board
approved the Second Amendment to the contract increasing the not-to-exceed
amount from $50,000 to $100,000. On July
13, 2021, the Board approved the Third Amendment to the contract which
increased the not to exceed amount to $200,000, due to the continuing need to
consult with MBDV on general water management issues and additional needs
related to the County’s appeal of the Federal Emergency Management Agency’s
(FEMA) 2019 Preliminary Flood Insurance Rate Maps (FIRMs) and the State Road
7/Northlake Blvd permit challenges. This Fourth Amendment increases the not to
exceed amount to $270,000, and is required due to the continuing need to
consult with MBDV on general water resources management issues, anticipated
activities related to FEMA’s response to the County’s appeal of the 2019
Preliminary FIRMs, and the State Road 7/Northlake Blvd permit challenges. Countywide
(MJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the
reappointment of two current members
and the appointment of one new member to the Farmworker Program Advisory Board,
effective March 8, 2022:
|
Seat No. |
Reappointment |
Seat Requirement |
Term Ending |
Nominated By |
|
6 |
Karis
Engle |
Business Community
Representative |
09/30/23 |
Mayor
Weinroth Comm.
Marino Comm.
Kerner Comm.
McKinlay Comm.
Bernard |
|
9 |
Douglas
Brown |
Education
Representative |
09/30/23 |
Mayor
Weinroth Comm.
Marino Comm.
Kerner Comm.
McKinlay Comm.
Bernard |
|
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated By |
|
2 |
Cergile
Sincere |
Farmworker Advocate
Representative |
09/30/23 |
Mayor
Weinroth Comm.
Marino Comm.
Kerner Comm.
McKinlay Comm.
Bernard |
SUMMARY: The total
membership for the Farmworker Program Advisory Board shall be no more than nine
at-large members, per Resolution No. R2014-0402, comprised of students,
representatives of business, education, agencies, and farmworker
representatives. Members shall be concerned citizens who understand the
problems encountered by farmworkers and are willing to be advocates for them.
At least one member shall represent the regional workforce agency. Nominees
meet all applicable guidelines and requirements outlined in the resolution
adopted by the Board of County Commissioners on April 1, 2014. Ms. Engle has
disclosed that she is employed by The Glades Initiative, Inc. Mr. Brown has
disclosed that he is employed by Palm Beach State College. Both agencies
contract with the County for services. The Farmworker Program Advisory Board
provides no regulation, oversight, management, or policy-setting
recommendations regarding contracts. Disclosure of these contractual
relationships 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 4
seats that are currently filled is African-American: 2 (50%) and
Hispanic-American: 2 (50%). The gender ratio (female:male) is 3:1. Ms. Engle is
Caucasian. Both Mr. Brown and Mr. Sincere are African-American. Staff conducts
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the board. (Farmworker
Career Development Program) Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve: a Use of Facility Agreement for Non-Government
Entities with the Rainbow Housing
Assistance Corporation (RHAC), for the five year period March 8, 2022
through March 7, 2027, to provide a congregate meal site for seniors at the St.
Andrews Residence, with no additional cost to the County. SUMMARY: The Division of Senior and Veteran Services (DSVS) receives
federal funds from the Older Americans Act (OAA) to provide congregate
meal sites. These agreements
enable DSVS to operate congregate meal sites for seniors at no cost to the
County for space and/or energy usage. The RHAC recruit volunteers to operate the sites. DSVS provides training for the
volunteers. Meals and necessary food related services and supplies are
furnished by the County through its designated food service vendor, subject to
the availability of funds. The meal sites were closed for Calendar Year 2020
and 2021 due to COVID-19. The OAA grant
requires that the Use of Facility Agreements be in place prior to reopening.
Seniors receiving home delivered meals prior to and during the COVID-19
pandemic are continuing to do so without interruption in services. This is a
new contract with RHAC; there are no previous statistics available. The estimated annual cost of the meals is
$13,699, and is funded under OAA in the amount of $12,329 (90%) and $1,370
(10%) in County match, which is included in the current budget. DSVS is
responsible for providing services north of Hypoluxo Road. The areas of service
exclude portions of Districts 3, 4, 5 and 7 south of Hypoluxo Road. The Mae
Volen Center, Inc. is responsible for providing services in the excluded areas.
No additional County match is required. (Division
of Senior and Veteran Services) Countywide except for portions of Districts
3, 4, 5, and 7 south of Hypoluxo Road. (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
3. Staff recommends
motion to:
A) approve an Affiliation Agreement with Keith &
Associates Inc., Distance Dietetic Internship (KADDI), for six years effective
upon approval of the parties, for its students to complete planned and
supervised dietetic work training experiences, at various Community Services
Department facilities, with no additional cost to the County; and
B) authorize the County Administrator or designee
signatory authority on additional forms, contracts, amendments thereto, and any
other necessary documents related to the Affiliation Agreement with KADDI.
SUMMARY: The Community Services Department (CSD) has
partnered with various local colleges, universities and training schools to
provide an educational opportunity for students to link theory with practice
and provide students with a practical real world experience in the workplace.
CSD has provided work for interns, which allows them to develop important
skills that cannot be taught in the classroom. This Affiliation Agreement will
facilitate the utilization of a student dietitian intern with an unpaid
internship. The participant will not displace regular employees but work with
employees under close supervision to increase their employability skills. As a
result of the Affiliation Agreement, the Division of Senior and Veteran
Services will assign volunteers to various program tasks. No County match is required. (Community Services Department) Countywide
(HH)
4. Staff recommends
motion to ratify: the signature
of the Mayor on the Emergency Rental Assistance Program 1 (ERAP 1) Request for
Reallocated Funds, for the period January 21, 2021 through December 30, 2022,
in the amount of $20,000,000, for a new total funding amount of $65,196,000, to
provide emergency rental and utility assistance for Palm Beach County residents
impacted by the COVID-19 pandemic. SUMMARY: On January 7, 2022, the
Deputy Secretary of the U.S. Treasury released instructions on requesting
additional ERAP 1 funding that may be available due to reallocations from
under-performing jurisdictions. As a high-performing jurisdiction and based on
program needs, Palm Beach County requested an additional $20,000,000. This is
the second round of reallocations by the U.S. Treasury. Palm Beach County was
not awarded funding during the first round. The emergency signature process was
used as there was not sufficient time to submit the request through the regular
agenda process without fully depleting the first disbursement. As of January
11, 2021, $51,593,015 has been disbursed on behalf of 6,792 unduplicated
households under ERAP. Since March 18, 2020, $100,472,191 has been disbursed in
direct client assistance across all Community Services programs. The Catalog of
Federal Domestic Assistance (CFDA) number for ERAP is 21.023. No County
match is required. (Division of Human Services) Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to receive and file: the Agency for Health Care Administration (AHCA) Health Care Licensing
Applications for the below-listed adult day care centers, to renew the Division
of Senior and Veteran Services (DSVS) North County
and Mid-County Adult Day Care Center licenses as required by AHCA:
A) North
County Adult Day Care Center, for the period March 18, 2022 through March 17, 2024,
and
B)
Mid-County Adult Day Care Center, for the period June 17, 2022 through June 16, 2024.
SUMMARY: AHCA is responsible for the licensure and
regulation of health
facilities, including adult day care centers. Adult day care centers are
required to be licensed by AHCA with a renewal every two years
through a licensing application process. The attached AHCA licensing
applications are required 60 days prior to the expiration of the current license,
which was extended to March 17, 2022 for North County and June 17, 2022
for Mid-County. The licensing renewals enable DSVS to continue to operate
the adult day care centers. The centers provide support and care for the
elderly and/or adults with Alzheimer’s, cognitive and chronic
physical impaired participants. There is no cost to Palm Beach County. County-operated
or municipally operated centers applying for licensure are exempt
from the payment of license fees. On July 11, 2017, the Board
of County Commissioners authorized the County Administrator, or designee,
to execute renewal applications for this purpose. In accordance with
County PPM CW-0-051, all delegated contracts, agreements, and grants must be
submitted by the initiating Department as a receive and file agenda item.
DSVS is responsible for providing services north of Hypoluxo Road.
The areas of service include all of the districts, excluding District 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. (DOSS) Countywide for portions of Districts
3, 4, 5, and 7 south of Hypoluxo Road. No County match is required. (Division
of Senior and Veteran Services) Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to approve: the
Subrecipient Agreement with The Salvation Army (Salvation Army), for the period
October 1, 2021 through September 30, 2022, in an amount not-to-exceed $86,221
in Emergency Solutions Grant (ESG) Program funding, for the provision of rapid
re-housing services to families experiencing homelessness. SUMMARY: On
July 13, 2021, the Board of County Commissioners approved the Palm Beach County
Action Plan for Fiscal Year 2021-2022, which allocated $452,746 in ESG funds
for non-profit agencies to assist people experiencing homelessness, or at risk
of homelessness. The finalization of this
agreement was delayed due to an extended review of the agency’s scope of work
and budget. The population being
served with ESG funds under this agreement are families experiencing
homelessness. The Salvation Army will fund activities, which include payment
for the cost of operating and providing emergency shelter. Families who are
experiencing a homeless crisis are prioritized for housing assistance and
connected to emergency shelter, and/or rapidly moved to stable housing.
Activities include case management, food, maintenance, security, equipment,
insurance and supplies for emergency shelter. In FY 2020, the Salvation
Army expended 100% of the $148,745 award and 109 individuals were served in
emergency shelter. Under this new agreement, the Salvation Army is expected to
serve approximately 59 individuals in emergency shelter. The reduction in the
estimated number of individuals served is due to a 58% decrease from last
year’s funding award. The Salvation Army was awarded the current amount after a
competitive Notice of Funding Opportunity (NOFO) process. The federal ESG funds require a matching
contribution, which is provided by the funded agency. No County match is
required. (Division of Human Services) Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
7. Staff recommends
motion to receive and file:
A) contract for Provision of Services with Rebel
Recovery Florida, Inc. (Rebel Recovery), for the period October 1, 2021 through
September 30, 2022, in an amount not-to-exceed $199,751, to provide housing
stabilization, peer support, and case management for homeless individuals due
to COVID-19; and
B) Amendment No.1 to contract for
Provision of Services with The Homeless Coalition of Palm Beach County, Inc.
(Homeless Coalition) (R2021-1486), for the period of June 1, 2021 through
September 30, 2022, to extend the end date from January 31, 2022 to September
30, 2022 and increase funding by $116,000, for a new total contract amount not-to-exceed
$166,000, to provide hotel emergency shelter services to individuals and
families who are homeless, at imminent risk, or at risk of homelessness due to
COVID-19.
SUMMARY:
On April 2, 2020, the U.S.
Department of Housing and Urban Development notified Palm Beach County of an
Emergency Solutions Grant Coronavirus (ESG-CV1) award for homeless assistance
and homelessness prevention activities to mitigate the impacts of COVID-19.
Rebel Recovery will provide peer support/navigator services to 180 individuals,
trainings to 73 individuals and housing care coordination services to 63
individuals. This is a new program with Rebel Recovery. On June 1, 2021, the
need for additional funding for hotel emergency shelter services was
identified. Amendment No. 1 is necessary in order to extend the end date to
September 30, 2022 and increase funding to allow for continued services for
those in need of emergency shelter services. The amendment will provide hotel
assistance to approximately 37 additional families
who are homeless, imminent risk, or at risk of homelessness due to COVID-19. Services
will include, but are not limited to, hotel shelter with kitchen facilities, if
possible, for up to four weeks, at a cost of up to $550 per week, but
not-to-exceed a total of $2,200 per family. Case management services will be
provided until the participant is placed into a shelter or until permanent
housing is acquired. A referral from the Homeless Outreach Team or the Homeless
Dispatcher is required. Program participants will be placed into the Client
Management Information System. The
items were executed by the County Administrator in accordance with Agenda Item
6C-3, dated May 5, 2020, which delegated signature authority to the County
Administrator, or designee. 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 match is required. (Division of Human Services) Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
8. Staff recommends
motion to approve:
A)
Standard Agreement No.
IA022-9500 for the Older Americans Act (OAA) with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. (AAA), for the period January 1, 2022 through
December 31, 2022, in an amount not-to-exceed $2,889,947,
to provide in-home and community based services to seniors; and
B)
a budget amendment of $828,247
in the Division of Senior and Veteran Services (DSVS) Administration Fund to
align the budget to the actual grant award.
SUMMARY: The OAA agreement allow DSVS to provide
services to seniors and their caregivers. Services are provided to eligible
Palm Beach County seniors age 60 and older and their caregivers. In Calendar
Year 2020 the congregate meal program served 2,585 seniors; the home-delivered
meal program served 1,312 seniors and the in-home services program served 112
seniors. Seniors receiving home delivered meals prior and during the COVID-19
pandemic are continuing to do so without interruption in services. Due to the
temporary closure of congregate meal sites during the COVID-19 pandemic,
congregate meals are currently being managed in two ways: 1) through home
delivery meals for those seniors who do not have transportation to pick up
their meals; and 2) through grab and go at one of DOSS’s two meal distribution
sites. The number of seniors served is based on the amount of the grant and the
need of the clients. There is a required
County match under 3B Catalog of Federal Domestic Assistance (CFDA) No. 93.044
in the amount of $127,431, C1 CFDA No. 93.045 in the amount of $88,045, C2 CFDA
No. 93.045 in the amount of $63,206 and 3E CFDA No. 93.052 in the amount of
$18,894, totaling $297,576, which is already included in the budget. No
additional County match is required. The upward budget amendment is
necessary to align the County budget with the actual grant award. DSVS is
responsible for providing services north of Hypoluxo Road. The areas of service
include all of the districts, excluding District 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. (DSVS) Countywide except for portions
of Districts 3, 4, 5, and 7 south of Hypoluxo Road. (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
9. Staff recommends
motion to approve: the reappointment
of one member to the Palm Beach County HIV Comprehensive AIDS Resources
Emergency (CARE) Council, effective March 12, 2022:
|
|
|
|
|
|
Seat No. 25 |
Appointment Felisha Douglas |
Recommended By HIV CARE Council |
Term Expires 03/11/25 |
SUMMARY: The Palm
Beach County HIV CARE Council (HIV CARE Council) nomination process is an open
process with publicized criteria and legislatively defined conflict of interest
standards. Ms. Douglas has successfully completed the HIV CARE Council’s
nomination process and the HIV CARE Council recommends the appointment. The
total membership for the HIV CARE Council shall be no more than 33 at-large
members, per Resolution No. 2011-1560. The diversity count for the 21 seats
that are currently filled is African-American: 10 (45%), Caucasian: 6 (30%),
Hispanic-American: 4 (20%) and Asian-American: 1 (5%). The gender ratio
(female: male) is 10:11. Ms. Douglas is African- American. Staff conducts
targeted outreach in an effort to proffer candidates for appointments that
maintain a diverse composition of the board. (Ryan
White Program) Countywide (HH)
F. AIRPORTS
1. Staff
recommends motion to receive and file: the First Amendment to
Non-signatory Airline Agreement (First Amendment) with Allegiant Air LLC
(Allegiant), commencing December 6, 2021; providing for replacement of the
Preferential Use Premises exhibits to remove a 113 square foot ticket office at
the Palm Beach International Airport (PBI). SUMMARY: The First Amendment
provides for removal of a 113 square foot ticket office from Allegiant’s
leasehold at PBI effective December 6, 2021.
Resolution 2019-1156 authorizes the County Administrator or designee,
the Director of the Department of Airports, to agree to modifications to an
airline’s leasehold premises. Countywide (AH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
2. Staff recommends
motion to receive and file: an amendment
for extension of the Public Transportation Grant Agreement (PTGA) with the
Florida Department of Transportation for the Public Address (PA) System
Replacement at Palm Beach International Airport (PBI); Financial Project Number
445870-1-94-01 approved by the Board on August 20, 2019 (R2019-1151 and
R2019-1152), until June 30, 2022. Delegation of authority for execution of the
amendment for extension of the PTGA was approved by the Board on August 25,
2020 (R2020-1017). SUMMARY: The existing PA system at PBI has
exceeded its useful life and has become difficult to maintain due to the lack
of available compatible parts. The PA system is essential to operations at the
airport, as it provides airline paging and emergency notifications. The PA
System Replacement is substantially complete with punch list and project
closeout pending. Approval of the amendment
for extension of the PTGA extends the availability of grant funding to allow
for the completion of the project. Countywide
(AH)
3. Staff recommends
motion to:
A) receive and file Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0085-069-2022 in the amount of $23,545,728 for Airport
Rescue Grant at Palm Beach International Airport (PBI). Delegation of authority
for execution of this grant was approved by the Board of County Commissioners
on August 25, 2020 (R2020-1017). This
grant is effective as of January 7, 2022 with an expiration date of January 6,
2026; and
B) approve a budget amendment of $23,545,728 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FAA; including a transfer to Reserves in the amount of $23,545,728.
SUMMARY: The
FAA has issued a Grant Offer (Assistance Listings Number 20.106) reflecting
their commitment of funding in the amount of $23,545,728 for PBI. Acceptance of this grant provides the
Department of Airports with funding for the reimbursement of on-going
operations and maintenance costs for PBI.
This grant began on January 7, 2022 and expires January 6, 2026. This grant does not require a local match.
Countywide (AH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
4. Staff recommends
motion to:
A) receive and file Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0113-021-2022 in the amount of $148,000 for Airport
Rescue Grant at North Palm Beach County General Aviation Airport (F45).
Delegation of authority for execution of this grant was approved by the Board
of County Commissioners on August 25, 2020 (R2020-1017). This grant is effective as of January 7, 2022
with an expiration date of January 6, 2026; and
B) approve a budget amendment of $148,000 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FAA; including a transfer to Reserves in the amount of $148,000.
SUMMARY: The FAA has issued a Grant Offer
(Assistance Listings Number 20.106) reflecting their commitment of funding in
the amount of $148,000 for F45.
Acceptance of this grant provides the Department of Airports with
funding for the reimbursement of on-going operations and maintenance costs for
F45. This grant began on January 7, 2022
and expires January 6, 2026. This grant
does not require a local match. Countywide
(AH)
5. Staff recommends
motion to:
A) receive and file Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0086-020-2022 in the amount of $59,000 for Airport Rescue
Grant at Palm Beach County Park Airport (LNA). Delegation of authority for
execution of this grant was approved by the Board of County Commissioners on
August 25, 2020 (R2020-1017). This grant
is effective as of January 7, 2022 with an expiration date of January 6, 2026;
and
B) approve a budget amendment of $59,000 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FAA; including a transfer to Reserves in the amount of $59,000
SUMMARY: The FAA has issued a Grant Offer
(Assistance Listings Number 20.106) reflecting their commitment of funding in
the amount of $59,000 for LNA.
Acceptance of this grant provides the Department of Airports with
funding for the reimbursement of on-going operations and maintenance costs for
LNA. This grant began on January 7, 2022 and expires January 6, 2026. This grant does not require a local match. Countywide (AH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
6. Staff recommends
motion to:
A) receive and file Federal Aviation Administration (FAA) Grant
Agreement Number 3-12-0060-010-2022 in the amount of $22,000 for Airport Rescue
Grant at Palm Beach County Glades Airport (PHK). Delegation of authority for
execution of this grant was approved by the Board of County Commissioners on
August 25, 2020 (R2020-1017). This grant
is effective as of January 7, 2022 with an expiration date of January 6, 2026;
and
B) approve a budget amendment of $22,000 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FAA; including a transfer to Reserves in the amount of $22,000.
SUMMARY: The FAA has issued a Grant
Offer (Assistance Listings Number 20.106) reflecting their commitment of
funding in the amount of $22,000 for PHK.
Acceptance of this grant provides the Department of Airports with
funding for the reimbursement of on-going operations and maintenance costs for
PHK. This grant began on January 7, 2022
and expires January 6, 2026. This grant
does not require a local match. Countywide
(AH)
7. Staff recommends
motion to adopt: a resolution
establishing a standard form Non-commercial Self-Service Fueling Permit for the
Palm Beach International Airport; including authorizing the County Administrator
or designee to execute the permit; providing for severability; and providing
for an effective date. SUMMARY: This
resolution establishes a new standard form Non-commercial Self-Service Fueling
Permit (Permit) for the Palm Beach International Airport (PBI) and authorizes
the County Administrator or designee to execute the standard form Permit on
behalf of the Board. Self-service
fueling means the fueling of an aircraft by the owner of the aircraft with his
or her own employees and using his or her own equipment. Federal grant
assurance requirements obligate the County to permit aircraft owners to perform
certain services on their own aircraft, including self-service fueling. The
Permit establishes the requirements for aircraft owners to engage in self-service
fueling at PBI, including insurance, environmental, security and safety
requirements. The Permit requires
payment of an initial application fee of $250, an annual Permit fee of $500,
applicable aircraft parking fees, security badging fees and any other fees and
charges associated with services provided by the Department of Airports in
connection with self-service fueling operations. The Director of the Department
of Airports will be considered a designee for purposes of this resolution. Countywide
(AH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
8. Staff
recommends motion to:
A) receive and file a Public Transportation Grant Agreement
(PTGA) with the Florida Department of Transportation (FDOT) in the amount of
$1,800,000 for Southside Redevelopment Project – Phases 3 and 4 at Palm Beach
County Park Airport (LNA). Delegation of
authority for execution of this PTGA was approved by the Board of County Commissioners
on August 25, 2020 (R2020-1017). This
PTGA is effective as of January 19, 2022 with an expiration date of December
31, 2024; and
B) approve a budget amendment of $1,800,000 in the
Airport’s Improvement and Development Fund to recognize the receipt of a grant
from the FDOT and budget additional project costs of $1,800,000; $450,000 is in
the current budget. Total project costs
are $2,250,000.
SUMMARY: The FDOT has issued a PTGA (CSFA No.
55.004) reflecting their commitment of funding to the above referenced project
in the amount of $1,800,000 or 80% of the eligible project costs, whichever is
less for the Southside Redevelopment Project – Phases 3 and 4 at LNA. This
funding will provide for the final phases of design and construction for
improvements to existing landside facilities and infrastructure that began in
2018; this project will complete the final phases of aviation redevelopment on
the south side of the airfield, including security enhancements and access
control, landside parking and vehicle circulation improvements and related
utility infrastructure. The projects to be funded with this grant will not
expand or increase airport/aviation capacity at LNA. The purpose of the
projects is to improve the security and safety of LNA and rehabilitate/replace
aging infrastructure. Airport required local match of $450,000 is in the
current budget. Countywide (AH)
9. Staff recommends
motion to approve: the Interlocal Agreement with the Village of
Royal Palm Beach regarding airport zoning regulations. SUMMARY: This Interlocal
Agreement with the Village of Royal Palm Beach allows for the adoption of
consistent airport zoning ordinances regulating certain land development
activity in the vicinity of the Palm Beach County Airports, pursuant to Chapter
333 of the Florida Statutes. Countywide
(SS)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: the Annual Report for the Fiscal Year ending September 30, 2021 from the
Boynton Beach Community Redevelopment Agency (CRA). SUMMARY: The Boynton
Beach CRA has submitted its Annual Report for the Fiscal Year ending September
30, 2021 as per Sections 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide
(DB)
2. Staff recommends
motion to approve: the
change from the various categories as previously approved to the revenue
replacement category within the American Rescue Plan Act (ARPA). SUMMARY:
Signed into law on March 11, 2021, the American Rescue Plan Act of 2021 will
provide $350 billion in additional funding for state and local governments,
which includes approximately $290.7 million in direct local recovery assistance
for Palm Beach County. The County’s plan fully complies with U.S. Treasury
Department’s Final ARPA Rule and current Department of Treasury Guidance. On
November 2, 2021, the Palm Beach County Board of County Commissioners (Board)
approved an agenda item to provide budget for the ARPA funds of $290,730,026,
of which $145,365,013 (50%) was received on May 20, 2021. The remaining
allocation will be distributed within one year.
During that meeting, the Board approved fiscal spending categories to
meet the needs of our citizens. Since that time, the final rule has been issued
by the Department of Treasury. The updated rule made some changes to the calculation
of the revenue replacement category and the County can use all the funds
received under this category. Revenue replacement allows for the revenue loss
amount to be used for government services. The final rule states that this is
the most flexible eligible use category under the program. This change in
categories will not change the projects as approved by the BCC but will allow
staff flexibility in completing projects and provide ease in grant reporting. Countywide
(DB)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to receive and file: Standard License Agreement for Use of
County-Owned Property adjacent to the County Stockade located at 9620 Weisman
Way from January 12, 2022 through February 2, 2022 and from April 6, 2022
through April 10, 2022 with the South Florida Fair and Palm Beach Expositions,
Inc., for parking by the public and the Palm Beach County Sheriff’s Office
during the 2022 South Florida Fair and Barrett-Jackson events. SUMMARY: 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 standard agreements have been
fully executed on behalf of the Board of County Commissioners (Board) by the
County Administrator or designee, who in this case was the Director of the
Facilities Development and Operations Department. The Standard License
Agreement was approved in accordance with R2010-0333, as amended and approved
by the Board on October 1, 2013. This executed document is now being submitted
to the Board to receive and file. (Property and Real Estate management) Countywide/District
6 (HJF)
2. Staff recommends
motion to approve: the appointment of one
new member to the Public Art Committee as follows:
|
Appoint |
Seat No. |
Requirement |
Term |
|
Charlene
Farrington |
7 |
Nonprofit
Visual Arts Professional |
3/8/22 –
9/30/22 |
SUMMARY: Pursuant to Resolution No. R2013-1160, the Public Art Committee consists
of nine members that are appointed for a term of three years. One new member is recommended to complete the
term of an individual that recently resigned from the Public Art Committee. The
new recommended appointment is Charlene Farrington to replace Leslie Albert.
The term expires on September 30, 2022. The Public Art Committee has the
following diversity count with the proposed appointee: Caucasian: 5 (55%),
Hispanic: 2 (22%), African-American: 1 (11%), Asian: 1 (11%). The resulting
gender ratio (female:male) would remain 7:2. (FDO Admin) Countywide
(MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
3. Staff recommends
motion to approve: Work Order No.
21-013 to the annual heating ventilation and air conditioning (HVAC) contract
with Florida Mechanical LLC (Contractor) (R2020-0021) for the C. L. Brumback
Health Center- Chiller Replacement project in the amount of $268,987 for a
period of 90 calendar days from permit issuance. SUMMARY: On January 7,
2020, the Board of County Commissioners (Board) approved the annual HVAC
contract with the Contractor for HVAC services related to system and component
installations, upgrades, replacements, modifications and repairs at County
properties. Work Order No. 21-013 authorizes the replacement of two existing
air-cooled chiller units at the C. L. Brumback Health Center. The existing
units are over 19 years old, the coils are in poor condition and both of the
units have outlived their useful life. Additionally, it has become increasingly
difficult to find parts and materials to maintain the units. The new air-cooled
chillers will be more efficient and provide years of dependable service. This
project was competitively advertised and new contractors were invited to bid on
the project by submitting prequalification documents prior to the submission of
the bid response. The Contractor will have 90 calendar days from permit
issuance to substantially complete the project. Liquidated damages for failure
to achieve certification of substantial completion within the contract time or
approved time extension thereof are $80 per day. On August 21, 2019, the Goal
Setting Committee applied the following Affirmative Procurement Initiatives
(API) for this annual contract: 1) Sheltered market for projects less than
$100,000, when three or more Small Business Enterprises (SBE) are qualified; or
2) 10% SBE Price Preference for projects $100,000 or greater. Since this
project is over $100,000, the applicable API is the latter. The Contractor is
not an SBE and there is no SBE participation on this work order. To date, the
overall SBE participation on the annual HVAC contract is 33.61%. The Contractor
is a local business. Funding for this project is from the Public Building
Improvement fund. (Capital Improvements Division) District 6 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to receive and file: Change Order No. 3 to Amendment No. 20
(R2020-0441) to the continuing construction manager at risk contract with
Robling Architecture Construction, Inc. for the Convention Center Sky-Room
(Courtyard) project in the amount of $39,249 with an increase to the project
duration of 80 calendar days. SUMMARY: On June 21, 2016, the Board of
County Commissioners (Board) approved the continuing contract with Robling
Architecture Construction, Inc (R2016-0762) for construction management
services for various capital improvement projects, which may include new
construction, additions, or renovations up to $4,000,000 per project. On May 5,
2020, the Board approved Amendment No. 20 to the contract with Robling for the
Palm Beach County Convention Center Courtyard project establishing a Guaranteed
Maximum Price (GMP) for construction management services in the amount of
$1,217,418 for a period of 94 calendar days. Change Order No. 3 authorizes the
installation of additional fire alarm gate hardware, relocation, replacement
and addition of light fixtures, paver modifications, and the addition of 80
calendar days to the contract duration in order to complete the additional
work. These changes, in the amount of $39,249, are funded from the project
contingency fund resulting in a zero-dollar change to the contract price. In
accordance with Policy and Procedure Manual (PPM) CW-F-050, when the time
extensions to a project totals or exceeds 120 days of the original project
completion date, an agenda item notifying the Board of the item that puts the cumulative
value in the excess category must be presented as a receive and file. To date,
the cumulative value of time extensions, including Change Order No. 3, totals
165 calendar days. This agenda item is being submitted to notify the Board that
Change Order No. 3 puts the cumulative value of changes or additional work in
excess of the 120 days’ threshold established by PPM CW-F-050. The Construction
Manager (CM) was selected pursuant to the Small Business Enterprise (SBE)
ordinance in place at the time. On February 20, 2019, the Goal Setting
Committee established a minimum mandatory 20% SBE goal on the continuing CM
contract. The original SBE participation on this project was 56.67%. The SBE
participation for this change order is 92.63%. To date, the overall SBE
participation on this project is 59.14%. The CM is a Palm Beach County
Business. The funding source for this project is the 68M Public Imp Rev Bond
15A CP, Conv Ctr Garage & Airport Ct fund which debt service is funded by
the Tourist Development Tax 1st Cent fund. (Capital
Improvements Division) District 2 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
5. Staff recommends
motion to approve: annual contract with the following contractor for
plumbing services on an as-needed basis through August 24, 2025.
Contractor Status SBE or Non-SBE
KGW Enterprises, Inc.
D/B/A Able Plumbing Local SBE
SUMMARY: On August 25, 2020, the Board of County Commissioners (Board) approved
the annual Plumbing contract (R2020-1036 and R2020-1037). The work consists of
maintenance and repairs including but not limited to: repair and replacement of
existing valves, fixtures, unclogging drains, sewer gas leak detections,
removal and installation of new equipment, locating underground water lines and
investigating odor caused by sewer drains/piping. The contractor now joins the
list of two already prequalified contractors for a total of three with a
contract expiration date of August 24, 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 $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 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 plumbing contract was last presented to the
Goal Setting Committee on March 20, 2019 and the Committee established
Affirmative Procurement Initiatives of sheltered market for projects less than
$100,000 when three or more Small Business Enterprises (SBE) are qualified
under the annual contract or 10% SBE Price Preference for projects $100,000 or
greater. Actual Small/Minority/ Women Owned Business Enterprise (S/M/WBE)
participation will be identified on each work order, and will be tracked
cumulatively for each work order issued. Current cumulative S/M/WBE
participation for all work orders to-date under the plumbing annual contract is
0%. (Capital Improvements) Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: an annual contract with the following contractor for
roofing services on an as-needed basis through November 16, 2025.
Contractor Status SBE
or Non-SBE
Garabar, Inc. Local Non-SBE
SUMMARY: On November 17, 2020, the Board of County Commissioners (Board) approved
the annual roofing contract (R2020-1693 thru R2020-1700). The work consists of
roofing repair and replacement services on an as needed basis. The contractor
now joins the list of 13 already prequalified contractors for a total of 14
prequalified contractors with a contract expiration date of November 16, 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 $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 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 Affirmative Procurement Initiatives of
sheltered market for projects less than $100,000 or a 10% Small Business
Enterprises Price Preference for projects $100,000 or greater. 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 roofing annual is 53.57%. (Capital Improvements) Countywide
(MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
7. Staff recommends
motion to approve: an annual contract with the following contractor for
Heating, Ventilation and Air Conditioning (HVAC) services on an as-needed basis
through January 6, 2025.
Contractor
Status
SBE or Non-SBE
Air Handlers of the Palm
Beaches, Inc. Local SBE
SUMMARY: On January 7, 2020, the Board of County Commissioners (Board) approved
the annual HVAC contract (R2020-0019 thru R2020-0023). The work consists of
HVAC services related to system and component installations, upgrades,
replacements, modifications and repairs. The contractor now joins the list of
17 already prequalified contractors for a total of 18 with a contract
expiration date of January 6, 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 $8,000,000 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 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 HVAC annual contract was presented to the Goal Setting
Committee on August 21, 2019 and the committee established Affirmative
Procurement Initiatives of sheltered market for projects less than $100,000 or
10% Small Business Enterprises price preference for projects $100,000 or
greater. Actual Small/Minority/Women Owned Business Enterprise (S/M/WBE)
participation will be identified on each work order, and will be tracked
cumulatively for each work order issued. Current cumulative S/M/WBE
participation for all work orders to-date under the HVAC annual contract is
34.56%. (Capital Improvements) Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
8. Staff recommends
motion to approve: an annual contract with the following contractor for
general minor construction services on an as-needed basis through February 10,
2025.
Contractor Status SBE
or Non-SBE
Glades Roofing, LLC Local SBE
SUMMARY: On February 11, 2020, the Board of County Commissioners (Board) approved
the annual minor construction contract (R2020-0142 through R2020-0151). The
work consists of construction services associated with repairs, improvements
and renovations to County properties. The contractor now joins the list of 31
already prequalified contractors for a total of 32 prequalified contractors
with a contract expiration date of February 10, 2025. The specific requirements
of the work will 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 $10,000,000. 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 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 minor construction 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 less than
$100,000; or 2) 10% Small Business Enterprises (SBE) Price Preference for
single-trade projects $100,000 or greater; or 3) a minimum mandatory 25% SBE
subcontracting goal for multi-trade projects. 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 83.62%. (Capital Improvements) Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. Staff recommends
motion to approve:
A) an annual contract with the following contractor for painting and
weatherproofing services on an as-needed basis through April 09, 2023; and
Contractor Status SBE or Non-SBE
Garabar, Inc. Local Non-SBE
B) an increase in the maximum dollar value of the annual painting and
weatherproofing contracts by $2,000,000 to perform painting and weatherproofing
services on an as-needed basis through April 9, 2023.
Contractor Resolution
# Status
A) A to Z Paint
Contracting, Inc. R2021-0895 Local/S/WBE
B) A-1 Paint, Inc.,
of Palm Beach R2018-0392 Local/SBE
C) Advanced Painting
Contractors, Inc. R2018-0393 Local/Non-SBE
D) Clean Air
Restoration, Inc. d/b/a R2018-0394 Local/Non-SBE
Chandler
Construction Company
E) E&F Florida Enterprises Inc. R2021-0583 Local/Non-SBE
DBA
Creative Construction Group
F) Greenview
Construction LLC R2019-1029 Local/SBE
G) Gustafson Industries,
Inc. R2019-1030 Local/SBE
H) H.A. Contracting
Corp R2018-0395
Non-Local/Non-SBE
I) Hatcher Construction R2020-0083 Local/S/MBE
& Development, Inc.
J) Harry’s Painting
& Enterprises, Inc. R2019-1031 Local/Non-SBE
K) J.B. Painting
& Weatherproofing, Inc. R2019-1032 Local/Non-SBE
L) Leonard Graham
Inc. R2021-0582 Local/Non-SBE
dba
L G I Construction
M) One Call Florida,
Inc. R2018-0749 Local/SBE
N) Premier Quality Builders Corp. R2021-0896 Local/Non-SBE
O) Razorback LLC R2021-0632 Non-Local/Non-SBE
P) Sun Art Painting Corporation R2019-1033 Local/SBE
Q) WGM Quality Painting, Inc. R2018-0396 Local/S/M/WBE
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
9. (Cont’d) SUMMARY: On April 10, 2018,
the Board of County Commissioners (Board) approved the annual painting and
weatherproofing 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
July 23, 2019, Amendment No. 1 (R2019-1034 through R2019-1039) extended the
term of the contract through April 9, 2023. The contractor now joins the list
of 17 already prequalified contractors for a total of 18 prequalified
contractors with a contract expiration date of April 09, 2023. The work
consists of painting and weatherproofing 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. During the first three years of the contract,
the County awarded $2,330,596.93 in work orders. Staff is requesting the
cumulative limit be increased by $2,000,000 for a total cumulative value of
$4,500,000 in order to accommodate anticipated new projects required to be
accomplished before the term of this contract expires on April 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.
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 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
painting and weatherproofing annual contract was last presented to the Goal
Setting Committee on January 2, 2019 and the Committee established Affirmative
Procurement Initiatives of sheltered market for projects less than $100,000 or
a 10% Small Business Enterprise Price Preference for projects $100,000 or
greater. 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 painting and
weatherproofing annual is 70.11%. (Capital Improvements) Countywide
(MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
10. Staff recommends
motion to approve: a continuing construction manager at risk contract
with the following contractors for the Fire Station Capital Improvements Program
- Renovations on an as needed basis through March 07, 2027.
Contractor Status SBE/Non-SBE
A)
Robling Architecture
Construction, Inc. (Robling) Local Non-SBE
B)
Kast Construction Company
LLC (Kast) Local Non-SBE
SUMMARY: This continuing contract provides for the
implementation of the renovation component of the Fire Rescue’s Comprehensive
Capital Improvements program. The aforementioned construction managers (CM) at
risk will provide preconstruction and construction management services for each
renovation project pursuant to a contractually Guaranteed Maximum Price. The
specific requirements of the work shall be determined by individual task
orders, work orders and amendments issued against this continuing contract.
Projects will be assigned on a per station basis with the possibility of
multiple renovation projects proceeding concurrently at numerous County owned
and managed Fire Stations. The scope of work includes but is not limited to: 1)
roof repairs and/or replacement; 2) window and/or door replacements; 3) primary
and back-up power system replacements; 4) heating and air conditioning system
upgrades and replacements; 5) replacement of fueling systems; 6) parking,
paving, grading/ drainage improvements; 7) interior improvements to better
facilitate operations; 8) fencing and site security work; and 9) access
control/closed circuit television system improvements and installation. The
solicitation for the construction managers was advertised on February 28, 2021
according to the Equal Business Opportunity Ordinance, with final selection
taking place on June 10, 2021. Protests to the proposed award were filed by
Kast, Robling and Core Construction Services of Florida, LLC. Kast’s protest
was denied by the County’s Purchasing Director due to lack of standing.
Robling’s protest was upheld, leading to a revised award posting which then
triggered Core’s protest filing. A lengthy protest process ensued which
included a hearing before a Special Master. On November 30, 2021, the Special
Master issued its decision to deny Core’s protest and uphold the Purchasing
Director’s decision. On February 3, 2021, the Goal Setting Committee
established the following Affirmative Procurement Initiatives: for selection a
Small Business Enterprise (SBE) evaluation preference of up to 15 evaluation
points for SBE plan and CM/SBE partnering, and for the construction phases
under the contract a 20 % SBE subcontracting goal, of which 5% must be African
American and or Hispanic American participation, for the continuing contract.
Neither Robling nor Kast are certified Small/Minority/Women-Owned Business
Enterprises. Robling has partnered with MCO Construction and Services Inc., a
MBE CM, for preconstruction and construction management services in the amount
not less than 15% over the duration of the contract. Kast has partnered with
two MBE firms, Cooper Construction Management and All-Site Construction Inc.,
for services in the amount not less than 5% of its preconstruction CM fees, 25%
of the CM overhead and profit fee, and 100% of the firm’s construction phase
staffing cost, respectively. The funding source for projects under this
continuing CM at Risk contract is from the Fire Rescue Improvement fund.
(Capital Improvements Division) Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
11. Staff recommends
motion to receive and file: Standard License Agreement for Use of
County-Owned Property for a period of November 30, 2021 through December 30,
2021, with Friends of the Mounts Botanical Garden, Inc. (Mounts Botanical
Gardens) for the Garden of Lights event.
SUMMARY: 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 standard agreement has been
fully executed on behalf of the Board of County Commissioners (Board) by the
County Administrator or designee who in this case was the Director of the
Facilities Development and Operations Department. The Standard License
Agreement was approved in accordance with R2010-0333, as amended and approved
by the Board on October 1, 2013. The executed document is now being submitted
to the Board to receive and file. (FDO Admin) District 2 (DB)
12. Staff recommends
motion to approve: the first amendment
to extend the term of the Interlocal Agreement (R2017-0723) with the Town of
Lake Park (Town) and the Palm Beach County Sheriff’s Office (Sheriff), for the
County to provide fuel services, including maintenance of a fuel control reader
and allowing the Sheriff and County to purchase fuel from the Town, until
January 8, 2027. SUMMARY: The Interlocal Agreement (Agreement)
establishes the terms and conditions by which the County will: 1) provide fuel
management services to the Town, including the billing structure and annual
notice of the administrative markup; and 2) manage, maintain and repair the
fuel pump control reader purchased and installed by the Town, including the
amount and schedule of payment to the County for such services. In addition,
the agreement sets forth the terms under which the Town shall allow Sheriff and
County employees access to its fuel pump and invoice for fuel usage monthly.
The County does not require any additional staffing and/or equipment to
implement this agreement. The agreement provides for one five-year renewal.
This first amendment retroactively commences on January 9, 2022, and extends
the term of the agreement through January 8, 2027. This first amendment renews
the term, replaces the attachment, and adds standard Liability Insurance,
Applicable Law, Non-Discrimination and E-Verify provisions. Other than the
changes set forth herein, all other terms remain the same. (FDO Admin) District
7 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
13. Staff recommends
motion to approve: an Interlocal Agreement (Agreement) with the State
of Florida, State Attorney’s Office, 15th Judicial Circuit (Office),
providing fleet management services for a period of five years upon execution
of this Agreement. SUMMARY: The
Agreement provides the terms and conditions under which the County provides
fleet management services to the State Attorney’s Office. The Agreement
establishes the mechanisms by which the County will: 1) provide fuel
management, including the billing structure and annual notice of the
administrative markup; 2) preventative maintenance and corrective repairs to
vehicles and equipment; and 3) the management of the Vehicle Replacement Policy
Fund. The terms of the Agreement are standard and the rates are consistent with
those being charged to County Departments. In the event that the County must
out-source the work, a separate commercial repair rate is provided. The rates
may be adjusted annually but in no event shall the fees to the Office exceed
the fee schedule applied to County Departments. The term of the Agreement is
five years commencing on March 8, 2022. There are two renewal options for a
period of five years each. The Agreement may be terminated by either party for
any reason upon 60 days-notice. The County does not require any additional
staffing and/or equipment to enter this Agreement. (FDO Admin) Countywide
(MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
14. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
contract with Song & Associates, Inc. (R2021-0235) to provide professional architectural/engineering (A/E) design,
programming, site plan approval, permitting, and construction administration
services for phase 2 of the new Mosquito Control Division Compound project in
the amount of $392,859.10. SUMMARY: On February 9, 2021, the Board of
County Commissioners (Board) approved the contract with Song and Associates,
Inc. for the Mosquito Control Division Compound project to be located on
an approximately 5.86-acre site at the intersection of Lantana Road and 95th
Avenue South in unincorporated Lantana. The project entails a new chemical
storage building, office/lab building, a fuel island and surface parking for
deliveries, visitors and employees. Site clearing and infrastructure
improvements are also required in order to add the new buildings and required
site amenities. Originally, Staff had intended for this project to proceed in
phases; however, in pursuing the design effort associated with the first phase,
Staff has concluded that it would be most advantageous to complete the design
for the entire project and then proceed to construction. The contract
authorized the initial phase of the project for professional A/E design
services for the construction of the chemical storage facility, and a fuel
island with a canopy and control kiosk, as well as site development and
improvements. CSA No. 1 authorized design and permitting services for required
revisions to the storm water drainage. CSA No. 2 authorizes professional A/E
design services for phase 2 of the project including programming, site plan
approval, permitting and construction administration for the workshop and
equipment storage building, enclosed vehicle and equipment storage building,
office and light lab building and all remaining site work. The solicitation for
design professionals was advertised on January 12, 2020 according to the Equal
Business Opportunity Ordinance, with the final selection on September 17,
2020. The project was presented to the
Goal Setting Committee on November 6, 2019. The Committee established
Affirmative Procurement Initiatives of a Small Business Enterprise (SBE)
participation evaluation preference of up to 15 points for the selection of the
consultant and a minimum mandatory contract goal of 20% SBE participation. Song
& Associates, Inc. is not an SBE, but has teamed up with three SBE and
Minority Business Enterprise (MBE) sub-consultants on this project. The
consultant has committed to 82% SBE participation for this contract. SBE
participation for this CSA is 23.29%. To date, Song and Associates, Inc. has
achieved 36.22% S/MBE participation on this contract. Song & Associates,
Inc. has engaged Alan Gerwig & Associates, Inc., as a sub-consultant on
this project. Anne Gerwig is a 1% owner of Alan Gerwig & Associates; Ms.
Gerwig serves on the Citizens Advisory Committee on Health and Human Services,
which is a purely advisory committee of the Board of County Commissioners. The
Citizens Advisory Committee provides no regulation, oversight or policy setting
recommendations regarding this contract, which was procured competitively. This
disclosure is made pursuant to Section 2-443(d) of the Palm Beach County Ethics
Code. Song and Associates, Inc. is a Palm Beach County Business. Funding for
this project is from the Public Building Improvement fund. (Capital
Improvements Division) District 6 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
15. Staff recommends
motion to approve: Work Order No. 21-006 to the annual overhead door
replacement contract with Door Systems of South Florida, Inc. (Contractor)
(R2019-1311) for the Palm Beach County (PBC) Convention Center – Exhibit Hall
Door Reconditioning Rebid project in the amount of $330,000 for a period of 120
calendar days from permit issuance. SUMMARY: On September 10, 2019, the Board of
County Commissioners (Board) approved the annual overhead door replacement
contract with the Contractor for repair services for overhead and garage doors
(rolling and sectional). Work Order No. 21-006 authorizes the repair,
replacement and/or reconditioning of the existing doors at the PBC Convention
Center. Additionally, the work includes but is not limited to the replacement
of the crash bars; notification micro switches and brackets; hinges; door
tracks and hangers; rollers and roller brackets; looped safety edge wiring;
motors; controls; emergency stops; and automation capabilities. The existing
doors are over 18 years old, in poor condition (rusted and dented) and at the
end of their useful life. This project was competitively advertised, and new
contractors were invited to bid on the project by submitting prequalification
documents prior to the submission of the bid response. The Contractor will have
120 calendar days from permit issuance to substantially complete the project.
Liquidated damages for failure to achieve certification of substantial
completion within the contract time or approved time extension thereof are $80
per day. On January 2, 2019, the Goal Setting Committee applied the following
Affirmative Procurement Initiatives (API) for this annual contract: 1)
Sheltered market for projects less than $100,000, when three or more Small
Business Enterprises (SBE) are qualified; or 2) 10% SBE Price Preference for
single-trade projects $100,000 or more. Since this project is over $100,000,
the applicable API is 10% SBE Price Preference. The Contractor is not a
Small/Minority Business Enterprise and committed to 0% SBE participation on
this work order. To date, there is no SBE participation on the annual overhead
door replacement contract. Door Systems of South Florida, Inc. is not a local
business. Funding for this project is from the Tourist Development Council-Building
Renewal & Replacement fund. (Capital Improvements Division) District 2
(MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
16. Staff recommends
motion to approve: an agreement for Art Services with Social Space, LLC
in the amount of $796,000 for the design, permitting, fabrication and
installation of “VOTE!” sculptural installation for the approaching Palm Beach
County Supervisor of Elections facility. SUMMARY: On August 13, 2021, a
selection committee comprised of the Public Art Committee, Supervisor of
Election Wendy Sartory Link and representative of Song and Associates, Inc.
(project architect) unanimously recommended the proposal entitled “VOTE!” by
artist Matthew Mazzotta (dba Social Space, LLC) as the Art in Public Places
installation for the approaching Supervisor of Elections facility on Cherry
Road in unincorporated Palm Beach County. “VOTE!” is a sculpture comprising of
four voting booths with three flamingos, which aims to make the voting process
more transparent and accessible. The flamingos symbolize the human experience
of voting and assert every voter’s individuality during the elections. “VOTE!” is planned to be sited at the
southwest corner of the proposed building to facilitate wayfinding and announce
the Supervisor of Elections facility as “the voting and elections place” as
vehicular passengers and pedestrians approach the facility in an eastbound
direction on Cherry Road from Military Trail. The agreement provides for all
design, permitting, fabrication and installation services required to complete
the installation concurrent with construction of the facility. The agreement is
for a total amount of $796,000 and duration of 593 days. Funding is from the $51.05M NAV Pub Imp Rev
Bonds, 21A, CP, SOE Bldg Bond issued to support construction of the approaching
facility. (FDO ADMIN) District 7/Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to execute: a
“Certification by State or Local Official of Pahokee Housing Authority (PHA)
Plans Consistency with the Consolidated Plan or State Consolidated Plan” for
the PHA in connection with its Annual Plan for Fiscal Year 2022/2023. SUMMARY:
The PHA has prepared its Annual Plan for Fiscal Year 2022/2023 for submission
to the Department of Housing and Urban Development (HUD). HUD requires the County to confirm that the
plans and programs outlined in the Annual Plan are consistent with the goals
and objectives set forth in the County’s Consolidated Plan. Consistency with the Consolidated Plan is documented
through a “Certification by State or Local Official of PHA Plans Consistency
with the Consolidated Plan or State Consolidated Plan”. The Department of
Housing and Economic Development has reviewed the PHA Annual Plan Summary and
determined that the goals, objectives and activities outlined therein are
consistent with the Palm Beach County Consolidated Plan for Fiscal Years
2020/2024. Some specific goals outlined in the PHA’s Plan which are consistent
with the goals set forth in the County’s Consolidated Plan are to expand the
supply of assisted housing, improve the quality of assisted housing, increase
assisted housing choices, provide an improved living environment, promote
self-sufficiency and development of individuals and families and, ensure equal
opportunity and affirmatively further fair housing. District 6 (HJF)
2. Staff recommends
motion to receive
and file: a HOME Investment Partnerships Program (HOME) Loan Agreement
with New Urban Community
Development Corporation, Inc. (NUCDC) in the amount of $503,590. SUMMARY:
The document has been executed on
behalf of the Board of County Commissioners (BCC) by the County Administrator or Designee in accordance with Agenda
Item 4B-1 and 6A-1, as approved by the
BCC on November 5, 2019, and February 9, 2021, respectively. Agenda Item 4B-1, dated November 5, 2019,
awarded $500,000 in HOME funds to NUCDC and Agenda Item 6A-1, dated February 9,
2021 awarded an additional $3,590 in HOME funds to NUCDC. On November 5,
2019, the (BCC) approved a HOME award of up to $500,000 to NUCDC (R2019-1730)
for the refinancing of the Project, a troubled 11-unit rental property, located
at 1301 Henrietta Avenue in West Palm Beach. The new HOME investment in the
Project was subject to HUD approval.
HUD’s underwriting resulted in requirements for additional HOME funding
in the amount of $3,590 from the County (R2021-0259), along with revised terms
which are codified in a Memorandum of Agreement with HUD. This Memorandum of Agreement required a
County HOME investment of $503,590, including up to $460,000 for the mortgage
payoff and $43,590 for physical repairs.
The $503,590 is provided as a no-interest conditional loan that will be
forgiven in its entirety at the conclusion of the new 30-year period of
affordability. 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. HOME Program grant funds are
Federal funds, which require a 25% local match provided by State SHIP
funds. District 7 (HJF)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (Cont’d)
3. Staff recommends
motion to receive and file: documents executed in connection with a
loan made to Jem Farms, Inc. (Company) under the United States Department of
Agriculture (USDA) Intermediary Relending Program (IRP).
A)
Palm Beach County IRP Promissory
Note, dated November 18, 2021 for $150,000;
B)
Palm Beach County IRP Loan
Agreement, dated November 18, 2021 for $150,000;
C)
Palm Beach County IRP
General Security Agreement, dated November 18, 2021 for $150,000;
D)
Palm Beach County IRP Guaranty
Agreement dated November 18, 2021 for $150,000;
E)
Palm Beach County IRP
Further Assurances and Errors and Omissions Statement, dated November 18, 2021;
and
F)
State of Florida Uniform
Commercial Code Financing Statement for Jem Farms, Inc.
SUMMARY: 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 documents have been executed on behalf of the
Board of County Commissioners by the County Administrator or designee in
accordance with Resolution R2009-0725 and are now being submitted to the Board
to receive and file. The Company will
purchase, renovate and equip a pre-existing packing house to store, pack and
ship produce grown in Belle Glade. The total project cost is $2,771,750, which
includes a $150,000 USDA IRP loan which will be used for working capital. The project will create five full time
equivalent jobs over five years. These are Federal funds, which require no
local match. District 6 (DB)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 2 to the
Consulting/Professional Services Lift Station Rehabilitation (Contract) with
Mock, Roos & Associates, Inc. (Mock Roos) for the Lift Station
Rehabilitation Bid Package 6 (Project) for a not to exceed amount of
$1,106,257.66. SUMMARY: On May 18,
2021, the Board of County Commissioners (BCC) approved the Palm Beach County
Water Utilities Department (PBCWUD) Contract (R2021-0681) with Mock Roos. CSA
No. 2 provides for professional engineering services relating to design and
permitting of the Project. These services include condition assessment reviews,
subsurface utility exploration, surveying, geotechnical engineering services,
construction plans, permitting and bid support services for the rehabilitation
and refurbishment of 30 lift stations (LS) throughout the PBCWUD service area.
This Contract was procured under the requirements of the Equal Business
Opportunity Ordinance. On June 3, 2020, the Goal Setting Committee applied an
Affirmative Procurement Initiative of a mandatory 20% Small Business Enterprise
(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. The Contract provides for 47% SBE Participation, which
includes 35% MBE participation, 35% MBE (B). CSA No. 2 with Mock Roos provides
for 49.47% SBE participation which includes 34.16% MBE participation, 34.16%
MBE (B). The cumulative SBE participation, including CSA No. 2 is 49.68%, which
includes 34.69% MBE participation, 34.69% MBE (B). Mock Roos is a Palm Beach
County based company. The Project is
included in the PBCWUD FY22 budget.
(PBCWUD Project No. 22-007) Districts 1, 2, 3 & 6 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
2. Staff recommends
motion to receive and file: one executed Standard Potable Water and
Wastewater Development Agreement, two Standard Potable Water and Wastewater
Development Renewal Agreements, and one Memorandum of Understanding Regarding
Water and Wastewater Service for the months of October and November 2021.
A)
Standard Potable Water and
Wastewater Development Agreement with RickWayne LLC, SDA #02-01166-000 (District
3), Recorded in OR BK 33013 PG 0442;
B) Standard Potable Water and Wastewater
Development Renewal Agreement with Lennar Homes, LLC, SDA #13-01025-000
(District 6) Recorded in OR BK 33013 PG 0430;
C) Standard Potable Water and Wastewater
Development Renewal Agreement with Pioneer Estates By Luxcom, LLC, SDA
#13-01028-000 (District 6) Recorded in OR BK 33013 PG 0424; and
D) Memorandum of Understanding Regarding Water
and Wastewater Service with Palm Beach County Facilities Development and
Operations Department, MOU #01-01274-000 (District 2).
SUMMARY:
In accordance with County
PPM CW-O-051, all delegated contracts/ agreements/grants/ procurement items
must be submitted by the initiating Department as a receive and file agenda
item and are attached unless the documents have been recorded in the Public
Records of Palm Beach County. The documents have been fully executed on behalf
of the Board of County Commissioners (BCC) by the Director of the Palm Beach
County Water Utilities Department in accordance with Resolutions R93-1619,
R96-0228, and R2003-0539 and are now being submitted to the BCC to receive and
file. Districts 2, 3 & 6 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends motion to approve: an Emergency Extension to the contract with Aquifer Maintenance and Performance Systems, Inc., (AMPS) for System-Wide Wellfield Maintenance for Palm Beach County Water Utilities Department (PBCWUD) to extend the Contract for an additional three month period with no increase of funds to the Contract amount. SUMMARY: On March 14, 2017, the Board of County Commissioners approved the Contract (R2017-0315) with AMPS, in the amount of $1,189,076. On January 23, 2018, Amendment No. 1 (R2018-0075) to the contract renewed the contract for an additional 12-month period. On February 5, 2019, Amendment No. 2 (R2019-0217) to the contract renewed the contract for an additional 12-month period and increased the contract amount by $500,000 to $1,689,076. On March 17, 2020, Amendment No. 3 (R2020-0317) to the contract renewed the contract for an additional 12-month period and increased the contract amount by $300,000 to $1,989,076. On March 9, 2021, Amendment No. 4 (R2021-0359) to the contract renewed the contract for an additional 12-month period and increased the contract amount by $300,000 to $2,289,076. There are no additional extensions remaining on the contract. However, an extension of time equal to three months is required for the continuation of maintenance, which shall include replacement of associated pumps and motors reaching the end of life expectancy. Staff is therefore recommending this emergency extension to the contract. This emergency extension is beneficial to the interest, health, safety or welfare of the County. It is anticipated to have a new contract awarded and in place by the end of the extension period. The requested time extension shall not increase the contract funding. The contract extension does not guarantee nor authorize work. Work will be assigned during the three-month extension period utilizing formal Construction Delivery Orders (KDO) drawn against the contract, with the project cost identified on each KDO. The unit prices contained in the contract will be used to determine the cost of the KDO’s. This contract was procured under the requirements of the 2002 Small Business Enterprise (SBE) Ordinance (R2000-0064) 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 provided for 0% SBE participation, however; AMPS has been certified as an SBE for the provision of well services, including drilling, plugging, consulting, maintenance and repair. AMPS is a Palm Beach County based company. (PBCWUD Project No. 16-001/VMG) Countywide (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
4. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 10 to
the Consulting/Professional Services General Utility, Architectural and Value
Engineering Services (Contract) with Chen Moore and Associates, Inc. (CMA) for
the Lift Station Rehabilitation Priority Work Phase 2 (Project) for a not to
exceed amount of $351,981.16. SUMMARY: On
December 15, 2020, the Board of County Commissioners (BCC) approved the Palm
Beach County Water Utilities Department (PBCWUD) Contract (R2020-1891) with
CMA. CSA No. 10 provides for professional engineering services relating to
design and permitting of the Project. These services include condition
assessment reviews, subsurface utility exploration, surveying, geotechnical
engineering services, construction plans, permitting and award phase services
for the rehabilitation and refurbishment of 14 lift stations throughout the
PBCWUD service area. This Contract was procured under the requirements of the
Equal Business Opportunity Ordinance. On October 2, 2019, the Goal Setting
Committee applied an Affirmative Procurement Initiative of a mandatory 20%
Small Business Enterprise (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. The Contract provides for 27% SBE
Participation, which includes 17% MBE participation, 17% MBE (B). CSA No. 10
with CMA provides for 30.96% SBE participation which includes 30.96% MBE
participation, 30.96% MBE (B). The cumulative SBE participation, including CSA
No. 10 is 29.05%, which includes 15.38% MBE participation, 15.38% MBE (B). CMA
is a Palm Beach County based company.
The Project is included in the PBCWUD FY22 budget. (PBCWUD Project No. 22-001). Districts 1,
2, 3, 4, 5 & 6 (MWJ)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends motion
to approve: two reappointments, for Seat No. 2 and an At-Large member for Seat No.
5, to the Groundwater and Natural Resources Protection Board (GNRPB), both for
a three-year term beginning March 12, 2022 to March 11, 2025.
|
Seat No. |
Reappoint |
Seat Requirement |
Term Ending |
Nominated by |
|
2
|
Thomas
Mullin |
Attorney |
3/11/25 |
Palm
Beach County Bar Association |
|
5 |
Beth Rappaport |
Concerned citizen of Palm Beach County |
3/11/25 |
Comm.
Bernard Comm.
Marino Comm.
McKinlay Comm.
Sachs Mayor
Weinroth Vice
Mayor Weiss |
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. 2 be filled by an attorney
and that Seat No. 5 be filled by a concerned citizen. The GNRPB has seven seats
currently filled and diversity count of Caucasian: 4 (57.14%),
African-American: 2 (28.57%), Bi-racial: 1 (14.29%), Asian-American and
Hispanic-American: 0 (0%). The gender
ratio (female:male) is 4:3. Seat No. 2 is a Caucasian male and Seat No. 5 is a
Caucasian female. Staff continues to
address the need for increased diversity within our boards and will continue to
encourage expansion of the Board’s diversity. Countywide (SS)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
2. Staff recommends
motion to receive and file: Task Assignment Change Order No. 1, to Task
Assignment No. IP10, Contract No. FWC11357 with the Florida Fish and Wildlife
Conservation Commission (FWC), adds 30 acres of invasive plant control to the
Lake Pine work plan. This Change Order No. 1 does not alter the original cost
reimbursement of $58,074, nor the original completion date of April 26, 2022. SUMMARY: On
April 17, 2012, the Board of County Commissioners approved FWC Contract No.
FWC11357 (R2012-0573) for aquatic vegetation control for Lakes Clarke, Ida,
Osborne, and Pine. Delegated authority to execute all future time extensions,
task assignments, certifications, and any other forms associated with the
Contract was approved at that time. This Contract facilitates County
treatment and control of aquatic exotic plants within the Chain of Lakes.
County work is reimbursed by FWC. In accordance with County PPM CW-O-051, all
delegated contracts/agreements/grants must be submitted by the initiating
department as a receive and file agenda item. There is no cost to the County. Districts 2, 3 & 4 (SS)
3. Staff recommends
motion to receive and file: Amendment No. 1 to the Marine Industries Association of Palm Beach
County, Inc. (MIAPBC) Memorandum of Agreement providing for a one-year
extension to the Agreement period from December 30, 2021 to December 30, 2022. SUMMARY: On April 2, 2019, the Board of
County Commissioners approved a Memorandum of Agreement (Agreement)
(R2019-0446) with MIAPBC for the development, engineering, design, and
permitting of the Lake Worth Inlet Flood Shoal Dredging Project Phase I,
effective April 2, 2019 and terminating on December 30, 2021. The County has
received a one-year extension to provide additional time to obtain the United States
Army Corps of Engineers Environmental Permits and complete the permit and
design components of the grant. Delegated authority to execute all future time
extensions, task assignments, certifications, and any other forms associated
with the Agreement was authorized at that time. In accordance with County PPM
CW-O-051, all delegated contracts/ agreements/grants must be submitted by the
initiating department as a receive and file agenda item. There is no cost to the County. Districts
1 & 7 (SS)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
4. Staff recommends
motion to receive and file: Amendment No. 2 to the Florida Department of Environmental Protection
(FDEP) Agreement No. 19PB16 providing for a one-year extension beginning
November 16, 2021 and expiring November 15, 2022. SUMMARY: On July 13, 2021, the BCC approved Amendment No. 1 to FDEP
Agreement No. 19PB16 (R2019-1179), for the South Jupiter Hurricane Irma
Recovery Project, a beach dune restoration project, extending the Agreement for
a one-year period beginning on November 15, 2020 and expiring November 15,
2021. Amendment 2 will update the federal cost share for the Design and
Construction tasks, and move funds from the Construction task to the Design
task. The one-year extension is
necessary in order to receive reimbursement for all eligible project-related
costs. Delegated authority to the County
Administrator or designee to sign all future time extensions, task assignments,
certifications, and other forms associated with this Agreement was approved at
that time. In accordance with
County PPM CW-O-051, all delegated contracts/agreements/ grants must be
submitted by the initiating department as a receive and file agenda item. There is no cost to the County. District 1 (SS)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
5. Staff recommends
motion to:
A) receive and file Florida Inland Navigation District (FIND)
Project Agreement Number PB-21-215 (Agreement) for an amount not to exceed
$734,100 for construction and monitoring of the South Lake Worth Inlet Sand
Trap and Boat Channel Dredging Project (Project), beginning upon execution of
the Agreement and terminating by September 30, 2023; and
B) approve a budget amendment in the Beach Improvement
Fund for $734,100 to recognize the revenue from the FIND Agreement No.
PB-21-215.
SUMMARY: The County is implementing a
portion of the South Lake Worth Inlet
Management Plan. This work includes dredging sand from the interior sand trap
and the Harvey E. Oyer, Jr. Park Boat Channel to nourish down drift beaches,
expansion of the sand trap via mechanical excavation, and disposal of non-beach
compatible material on adjacent habitat enhancement areas. The total cost of
the Project identified in the FIND WAP Grant Application is $5,399,800. The Waterways
Assistance Program Grant will reimburse the County up to $734,100 (15%) for
design, construction, and monitoring costs associated with the Project. The grant
reimbursement submittal deadline is September 30, 2023, unless a one-year
extension is approved by FIND. The County’s final cost share will be calculated
from a combination of State grants and municipal partner funds determined by
the award amount. The Agreement
contains indemnification, and default and remedies provisions that differ from
that adopted for use by the County under PPM CW-F-049. In accordance with PPM
CW-F-049, the Risk Management Department and the County Attorney’s Office have
reviewed the terms and agreed to the deviations, taking into consideration the
County’s need to conduct the dredging work, the amount of the grant award,
County’s current performance of such dredging work and liability for its acts,
and the non-waiver of sovereign immunity beyond the statutory caps of Section 768.28,
Florida Statutes. In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating department as a receive and file agenda item. District 4 (SS)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (Cont’d)
6.
Staff recommends
motion to receive and file:
A) the Annual Certified Budget for Mosquito
Control (Form 13617) with the Florida Department of Agriculture and Consumer
Services (FDACS) for mosquito control activities performed during the Fiscal
Year period beginning October 1, 2021 through September 30, 2022; and
B) the Arthropod Control Budget Amendment (Form
13613) of $50,689 with FDACS in the State Mosquito Control Fund with a decrease
in the grant award amount.
SUMMARY: On
June 15, 2021, the Board of County Commissioners (BCC) approved the County
Administrator or designee to sign the Annual Certified Budget for Arthropod
Control and State Financial Assistance Recipient Agreement (R2021-0820). The agreement
normally provides arthropod control state aid to support mosquito control
activities and it is based on the Annual Certified Budget submitted to the
agency each September. However, no state aid has been awarded this year, and
therefore there is no agreement.
Although no agreement was required this year, on February 8, 2022, the
County approved a Memorandum of Understanding with FDACS under which monthly
reports are still required and due to FDACS to remain eligible for state
funding in future years. In accordance with County PPM CW-O-051, all delegated
contracts/ agreements/grants must be submitted by the initiating department as
a receive and file agenda item. Countywide (SS)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Entertainment Contractor Agreement with Mary Washington-Brooks
in an amount not to exceed $500 for the Mary Washington-Brooks concert at
Canyon Amphitheater, on January 15, 2022.
SUMMARY: The Parks and
Recreation Department produces cultural activities to promote the quality of
life in the communities it serves. A sponsorship in the amount of $500 from
Nostalgic America offset the expenses of the events at the Canyon
Amphitheater. This Entertainment
Contractor Agreement has been fully executed on behalf of the Board of County Commissioners (BCC) by
the Director of the Parks and
Recreation Department in accordance with Resolution 2008-1109, amended by
Resolutions 2010‑0644, 2014-0168 and 2017-1367. The Department is now submitting this agreement 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. District 5 (AH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
2. Staff recommends
motion to approve: a budget transfer of $150,000 within Zone 3 Impact
Fee Reserves to the West Delray Regional Parking Expansion project. SUMMARY: This funding will be used to construct a new
permanent asphalt parking lot in the area adjacent to the radio controlled
device hobbyists at West Delray Regional Park. Funding for this budget transfer is from Zone 3 Impact Fee reserves. Reserve funding was accumulated
through new fees and residual balances from completed impact fee eligible
projects. District 5 (AH)
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: an
Emergency Triage, Treat, and Transport (ET3) Model Annual Certification Form
executed and submitted by the Fire Rescue Administrator, through the County Administrator,
to the Centers for Medicare & Medicaid Services (CMS) for the period
January 1, 2021 through December 31, 2021.
SUMMARY: On December
8, 2020 (R2020-1832), the Board of County Commissioners approved the ET3
Model Participation Agreement for
participation in the ET3 pilot program with
CMS for a term beginning upon execution by CMS through December 31,
2027; and a 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. The County Administrator designated the Fire
Rescue Administrator as her designee for the purpose of signing such documents.
The ET3 Model Participation Agreement requires submittal of the attached Annual
Certification Form regarding compliance with ET3 Model requirements and the
accuracy, completeness and truthfulness of data and information generated or
submitted relating to the ET3 Model program. This Annual Certification Form has
been fully executed by the Fire Rescue Administrator and is now being submitted
to the Board as a receive and file agenda item in accordance with Countywide
PPM CW-O-051 for the Clerk and Comptroller’s Office to receive and file. Countywide (SB)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
(Cont’d)
2. Staff recommends
motion to ratify:
A) a FY 2021
Staffing for Adequate Fire and Emergency Response (SAFER) grant application electronically submitted to the
U.S. Department of Homeland Security’s (DHS) Federal Emergency Management
Agency (FEMA) on February 3, 2022, requesting $5,044,428 to fund 100% in Year
One, Two and Three for 18 new firefighters, for a term of three years from the
date of award; and
B) the designation of the County Administrator
or designee to act as the County’s representative for the purpose of
electronically signing and submitting the FY 2021 SAFER grant application, including
Assurances and Certifications via the DHS FEMA website.
SUMMARY: This grant application requests $5,044,428
from DHS FEMA to fund 18 new firefighters to staff a 4-person Advanced Life
Support (ALS) engine at new Fire Station 40. The total project cost identified
in the grant application is $5,044,428. There
is no required match for this grant for all three years. If awarded, the requested positions will
provide funding to staff a 4-person ALS engine at new Fire Station 40. This station is an in-fill station,
positioned between two existing fire stations where the density and call volume
has increased dramatically supporting the need for an additional fire station.
This award will allow us to staff an ALS engine with four people over each of
the three shifts. Due to the personnel coverage factor, the total number of
firefighters required is 18. These 18 positions will be eliminated at the end
of the grant and submitted as a supplemental request through the budget process
prior to the expiration of the grant. Due to the preparation time, submittal
deadlines, and BCC meeting dates, the grant application had to be submitted
prior to full Board approval. District 6 (SB)
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: the first amendment to the Interlocal Agreement to
provide additional phone services to the City of Greenacres. SUMMARY: The
City of Greenacres has an existing Interlocal Agreement with Palm
Beach County (R2020-1834) for network and telephone services and has requested
the addition of four additional basic telephone lines to their current 101
phone lines of telephone services, for a total of 105 phone lines. This first amendment
of Exhibit B to the Interlocal Agreement which includes updated contract terms to
provide basic telephone services to the City of
Greenacres, will generate an increase in annual income of $480 to the
County from $12,120 to $12,600 for phone services. District 2 (DB)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff recommends
motion to adopt: a
Resolution of the Board of County Commissioners authorizing the County
Administrator or designee to sign the FY 2021-2022 annual Emergency Medical Services
(EMS) County grant application for $138,411 and sign the EMS Grant program
change request forms related to the grant after the approval of the application
by the Florida Department of Health, Bureau of EMS and forward same to the
State of Florida Department of Health, Bureau of EMS. SUMMARY:
The EMS County Grant
(CSFA# 64.005) is an annual grant provided to Palm Beach County from the
Florida Department of Health, Bureau of EMS, to improve and expand the EMS
system. The funds are used to purchase
EMS equipment which is distributed to EMS providers and other agencies that are
eligible for EMS grant funding. No County matching funds are required for this grant. Countywide
(SB)
2. Staff recommends
motion to:
A)
approve the second amendment
to contract for Professional Services with Phamatech, Inc. (R2020-1393)
extending the contract through September 30, 2022 for a not-to-exceed contract
amount of $58,000; and
B)
authorize the 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: On
September 15, 2020, the County executed a contract in the amount of $116,000
with Phamatech, Inc. (R2020-1393) to provide drug testing services to
approximately 15-20 indigent pretrial defendants per week who are on supervised
release and are subject to court ordered random testing. The first amendment
(R2021-0449) incorporated an 8-panel screen, bringing the unit rate from $35 to
$35.75. The Palm Beach County Pretrial Service Office was negatively impacted
by COVID-19 causing unforeseen barriers to the delivery of drug testing
services for pretrial participants. As a result, the Macarthur Safety and
Justice Challenge grant program applied for and was awarded a no-cost extension
to September 30, 2022 in order to expend remaining funds. This amendment
extends the contract period from December 31, 2021 to September 30, 2022 in
alignment with the no-cost extension. Countywide (SF)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to receive and file:
A)
the first amendment to
purchase order (PO) (B96980) with the Florida Department of Corrections (FDC)
for contractual adult reentry services in the amount of $500,000 for the period
of July 1, 2021 through June 30, 2022, and
B) the following executed amendments with agencies to
provide Adult Reentry Services for the period of July 1, 2021, through June 30,
2022 updating the unit rates effective October 1, 2021 through June 30,2022:
1) The Lord’s Place, Inc. (TLP) First
Amendment to Contract #R2021-0934, and
2) Gulfstream Goodwill Industries, Inc.
(GGI) First Amendment to Contract #R2021-0935.
SUMMARY: Palm Beach County’s Regional and State Transitional Offender Reentry
Initiative is funded by local, state, and federal sources. The Department of
Public Safety Division of Justice Services solicits community providers through
a competitive procurement process to provide adult reentry services such as
pre-release/post-release case management and client support services. The Lords Place, Inc., the City of Riviera
Beach Reentry Center, and Gulfstream Goodwill Industries, Inc. were selected as
the providers for 2021-2024. The State of Florida FY21-FY22 General Appropriations
Act provided $500,000 (CSFA# 70.011) in non-recurring general revenue funds to
the Palm Beach County Board of County Commissioners for Adult Reentry Services.
The original purchase order was submitted as a receive and file at the October
5, 2021 Board of County Commissioners meeting. This first amendment to the PO
updates case management unit costs for the three providers and language in the
scope of service to include target client population, corrects a provider
address, and establishes a timeline for monthly performance reports. The first amendments
for TLP and GGI updates the case management unit costs reflected in the first amendment
PO. Case Management Unit Rates for TLP will increase from $11.73 to $12.99 per
15 minutes of service delivery and GGI will decrease from $13.63 to $12.66 per
15 minutes of service delivery. The unit cost rate changes were made in order
to reflect the new unit rates effective October 1, 2021. FDC agreed to make these changes at the start
of the FY22 adult reentry contract period of October 1, 2021. On July 13, 2021,
the Board of County Commissioners authorized the County Administrator or
designee to execute amendments and administrative documents associated with
contracts R2021-0934 and R2021-0935 on behalf of the Board of County
Commissioners after approval of legal sufficiency by the County Attorney’s
Office and within budgeted allocations. These contract amendments are
retroactive to October 4, 2021. Countywide (SF)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
AA. PALM TRAN
1. Staff recommends
motion to approve: the Terms of
Payment Processing Services Agreement with Genfare, a division of SPX
Corporation. SUMMARY: On March 17, 2020, the Board of County
Commissioners approved the Fare Collection System contract number
F-19-056-SS_2020 with Genfare, a Division of SPX Corporation, in the amount of
$10,912,988.64, for a ten-year term with two three year options for renewal. As
stated within the original contract in Article 48, Contractor investigated the
option to implement the open payment processing using the County’s payment
processor of record. The contractor was unable to use Wells Fargo since
they do not have the necessary transit software solution in place for Genfare
to use. Genfare is requesting to use Chase Merchant Services through JPMorgan
Chase Bank. The
transaction fees for the Processing Services will be payable as set forth in
the original contract in Exhibit C and at the rates set forth in Attachment B
of Exhibit C of the original contract. There will be no fiscal impact for this
agreement. Countywide (AH)
BB. YOUTH SERVICES
1. Staff recommends motion to receive and file: an Agency Affiliation Agreement (Agreement) with Nova Southeastern University, Inc. (University) for the term August 24, 2019, through August 23, 2020, with three automatic one-year renewal options, for its students to complete planned and supervised clinical experiences required for a Master’s or Doctoral degree, at various Youth Services Department facilities, with no additional cost to the County. SUMMARY: The Youth Services Department’s Residential Treatment and Family Counseling Division continues to be an authorized counselor training facility for many state colleges and universities offering degrees in graduate programs of psychology, social work or other related fields of educational study. Master’s/Doctoral Degree programs require field education experience in order to meet degree and licensing requirements. The County will continue to offer its services and programs as a means for the students to obtain the necessary training and experience to earn their respective degree. There are no costs associated with this Agreement. On September 22, 2015, Agenda Item 3BB-2 authorized the County Administrator, or designee, to execute future Agreements, or amendments with the University, for clinical experiences on behalf of the Board of County Commissioners. Countywide (HH)
MARCH 8, 2022
3. CONSENT
AGENDA APPROVAL
CC. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to receive and file: a fully executed
Palm Beach County FY2022 Grant Agreement managed by the Palm Beach County
Sports Commission, Inc., on behalf of the Palm Beach County Tourist Development
Council with Equestrian Sport Productions, LLC, for the promotion of the Winter
Equestrian Festival, which is being held January 5 – April 3, 2022. The Tourist
Development Council approved this grant of $125,000 on October 6, 2021. The
term of this agreement is July 5, 2021 – July 3, 2022. SUMMARY: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
Receive and File agenda item. On June 7,
1994, the Board of County Commissioners adopted resolution (R94-702)
authorizing the Executive Director of the Tourist Development Council to enter
into grant agreements with Category G (Sports) grantees after they have been
approved by the Tourist Development Council. This grant agreement is expected
to generate a total of 85,000 room nights and will also fund an event which
promotes sports tourism in Palm Beach County. District 6 (YH)
DD. COMMISSION ON ETHICS
1. Staff recommends motion
to approve: the appointment of two individuals to the Commission on
Ethics (COE) Review Committee.
Appointment Seat Requirement Nominated By
David H. Baker Appointed by BCC COE
AND
Andrea McMillan Appointed by BCC COE
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 a proposed
amendment to the Commission on Ethics Ordinance and make a recommendation to the
Board of County Commissioners. The proposed amendment being considered is
replacing one of the appointing entities currently referenced in the ordinance
because it is no longer in existence in Palm Beach County with a new local
organization to serve as an appointing entity. Although the Board of County
Commissioners has authority to appoint individuals without input from the COE,
the Ethics Commission is offering two candidates for consideration that they
believe will provide the expertise and diversity needed to represent the
citizens of Palm Beach County, and who previously served on the Review
Committee in 2021. The COE nominees are David H. Baker, Esquire, and
Andrea McMillan, Esquire. Countywide (HJF)
* * * * * * * * * * * *
MARCH 8, 2022
4. SPECIAL PRESENTATIONS – 9:30 A.M.
A) Proclamation
declaring March 2022 as Florida Bicycle Month in Palm Beach County (District 4)
B) Proclamation
declaring March 7-13, 2022 as Flood Awareness Week in Palm Beach County
(District 2)
C) Certificate
of Commendation in honor of Irwin Lebow, founder of Project H.O.P.E., for 30
years of helping those less fortunate (District 4)
D) Proclamation
declaring April 22, 2022 as Sexual Assault Awareness Month in Palm Beach County
(District 6)
E) Proclamation
declaring March 14-18, 2022 as Government Finance Professionals Week in Palm
Beach County (District 1)
F) Proclamation
declaring March 2022 as Rita Thrasher Month in Palm Beach County (District 5)
G) Certificate
of Recognition to Yolette Bonnet for her 20 years of service as CEO of
FoundCare (District 7)
* * * * * * * * * * * *
MARCH 8, 2022
A. COUNTY ATTORNEY
1. Staff recommends motion to commence: a private attorney-client session in
the case of In re: National Prescription Opiate Litigation, Case Number: MDL
2804 (N.D. Ohio) and Palm Beach County v. Purdue Pharma, et al., Case
Number: 1:18-op-46121-DAP (N.D. Ohio). This session will be held during the
Board of County Commission Meeting today March
8, 2022 at 12:00 p.m., in the McEaddy Conference Room at 301 North Olive
Avenue, 12th Floor, West Palm Beach, Florida, and the following
persons will attend the meeting with the members of the Board of County
Commissioners who are present today: Verdenia Baker, County Administrator;
Denise Coffman, County Attorney; David Ottey, Chief Assistant County Attorney;
Shayna E. Sacks, outside counsel; and Hunter Shkolnik, outside counsel. Pursuant
to Section 286.011(8), Florida Statutes, the entire attorney-client session
shall be recorded by a certified court reporter who shall record the discussion
and proceedings, the names of all persons present at any time, and the names of
all persons speaking. No portion of the
session shall be off the record. The court reporter’s notes shall be fully
transcribed and filed with the clerk and shall be made part of the public
record upon conclusion of the pending litigation. SUMMARY: The Board will discuss settlement negotiations. Countywide
(DO)
MARCH 8, 2022
5. REGULAR AGENDA
A. COUNTY ATTORNEY (Cont’d)
2. Staff recommends
motion to approve:
A) the addition of four At-will positions
to the County Attorney Office consisting of two Assistant County Attorney III,
one Assistant County Attorney II and one Paralegal I beginning with proposed
pay period March 12, 2022 for an estimated annual cost of $455,000 (excluding
benefits); and
B)
a budget transfer in
the amount of $295,771 from the General Fund Contingency Reserves to
County Attorney to appropriate the budget for the additional positions for six
months.
SUMMARY: The County Attorney Office’s Litigation section has been experiencing an
unprecedented high turnover rate resulting from a combination of remuneration
and quality work-life balance. The current complement is composed of nine
attorneys including the Chief Litigation/Human Resources Attorney. The most
senior attorney other than the Chief was hired in 2019 and has recently
tendered her resignation effective March 11, 2022. The constant routine
weeknights, weekend and periodic holiday work has resulted in loss of rest and
recuperation and family time. While litigation staff is aware that trial
preparation requires extra hours, the lack of recovery time following a trial
is resulting in rapid burnout and turnover. In the last several years several
highly experienced litigation attorneys have resigned or retired, thus causing
the County Attorney Office to lose significant resilient bench strength
available to assist and mentor our junior attorneys. In order to address these
issues, staff recommends increasing the litigation staffing complement to
reduce workload and increase the complement of experienced trial
litigators. Approval of the additional positions to the County Attorney
Office Complement will alleviate the workload of the litigation staff and
minimize the turnover within the County Attorney Office. Countywide
(DO)
MARCH 8, 2022
5. REGULAR AGENDA
B. OFFICE OF RESILIENCE
1. Staff recommends
motion to:
A) approve the Florida Department of Economic
Opportunity’s (DEO) Rebuild Florida General Planning Support Program’s Community
Development Block Grant Mitigation Program Standard Grant Agreement No. MT026
(Agreement), awarded to the Palm Beach County Office of Resilience for an
amount not to exceed $800,000 providing for the creation of a Vulnerability
Assessment and Resilience Action Plan (Project) beginning as of the date of
grant agreement execution and ending 48 months after execution by DEO;
B) approve a budget amendment of $800,000 in the
General Fund to recognize the revenue award from DEO; and
C) authorize the County
Administrator or designee to sign all future time extensions, task assignments,
certifications, and other forms associated with the Agreement, and any
necessary minor amendments that do not substantially change the scope of work,
terms, or conditions of the Agreement.
SUMMARY:
The Agreement reimburses
the County up to $800,000 for the development of a Vulnerability Assessment for
unincorporated Palm Beach County and Western Palm Beach County, to the extent
data is available, and a Resilience Action Plan for the entire County. Staff
anticipates hiring a consultant to assist with the Project. The County is not
required to provide a match for the Project. There is no net cost to the
County. Staff recommends including a range of energy efficiency and renewable
energy options in the Resilience Action Plan including options that could
achieve net zero emissions targets for County and Community operations. Staff
will present to the BCC on the subject of net zero emissions targets at a
subsequent BCC Workshop to receive further direction. Countywide (RPB)
MARCH 8, 2022
5. REGULAR AGENDA
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve: a Purchase and Sale Agreement (Agreement) with the
property owner to acquire a 0.20-acre parcel (Parcel) improved with a 625 square
foot home located at 9363 Old Dixie Highway, Lake Park, Florida, for $295,000. SUMMARY:
Approval of the Agreement will allow the Engineering Department to acquire
a Parcel necessary for the construction of Congress Avenue Extension from north
of Northlake Boulevard to Alternate A1A (SR 811), Palm Beach County (County)
Project No. 2012517 (Project). The appraised value of the Parcel as of January
20, 2022 was $275,000. The property owner had listed the Parcel for sale on the
real estate market for $334,999 in July 2021. The property owner’s original
counter-offer was $309,000, excluding expert fees and costs. To avoid the
additional costs normally associated with an eminent domain filing, the
Engineering Department staff negotiated a purchase amount of $295,000. The
negotiated purchase amount represents approximately 7% above the appraised
value, but approximately 12% below the property owner’s original listing price.
Pursuant to Palm Beach County Administrative Code Section 2, 305.08.1, BCC
approval is required when the negotiated purchase amount exceeds $250,000. In
accordance with Palm Beach County ordinance (2019-038), a supermajority vote (5
votes) is required by the BCC for all purchases of real property that require
BCC approval. District 1
(HJF)
MARCH 8, 2022
5. REGULAR AGENDA
D. AIRPORTS
1. Staff recommends
motion to approve:
A) a contract (Contract) with Alen Construction Group,
Inc. (Alen) in the amount of $6,900,000 and 460 calendar days for the 400 Hz
Ground Power Units (GPU) Point of Use project at Palm Beach International
Airport (PBI);
B) a budget amendment in the
amount of $6,900,000 in the Airport’s Improvement and Development Fund to
recognize $6,900,000 of Passenger Facility Charge (PFC) Revenue, and provide
budget in the amount of $6,900,000 for project costs; and
C) a budget transfer of
$6,900,000 in the Airport’s PFC Fund to transfer PFC Revenue to the Airport’s
Improvement and Development Fund; which includes a transfer from Reserves in
the amount of $6,900,000.
SUMMARY: This project
was advertised utilizing the County’s competitive bid process. On October 27,
2021, two bids were opened for the 400 Hz GPU Point of Use at PBI. Alen is located in Broward County, Florida
and has been identified as the lowest responsible/responsive bidder in the
amount of $6,900,000. PBI provides a 400 Hz electrical connection at each jet
bridge to power an aircraft when positioned at the gate. There are 28 existing
jet bridges between Concourse B and C with 13 bridges located in Concourse B
and another 15 bridges located in Concourse C. The 400 Hz distribution that was
installed when the terminal was constructed in 1987 begins by converting 60 Hz
to 400 Hz power in the 400 Hz System Central Plants located in each concourse.
After conversion, the 400 Hz power is distributed to the aircraft via 400 Hz
gate connection boxes mounted to each jet bridge that provide power to the
aircraft. This project includes the
replacement of the existing central 400 Hz system, including 400 Hz generators,
400 Hz gate connection boxes, and associated accessories, with new bridge
mounted 400 Hz GPU, new electrical switchgear and associated conduits,
conductors and accessories. In addition,
the doors, exhaust fans, and fan coil units in each central plant room will be
replaced. The project was presented to the Goal
Setting Committee on August 16, 2021 and an Affirmative Procurement Initiative
and due to the limited subcontracting opportunities, a 10% Small Business
Enterprise Price Preference was applied. Although Alen is a licensed
general contractor and a certified Minority Business Enterprise and will be
performing $1,509,463.80 of the work, Small/Minority/Women Business Enterprise
(S/M/WBE) participation for this project is 2.22% based on the commodity codes
assigned to Alen at the time of bid submission. Alen is working with the Office
of Equal Business Opportunity to add additional commodity codes; therefore, it
is anticipated the actual S/M/WBE participation for this project will exceed
2.22%. Pursuant to changes to Chapter 332, Florida Statutes, effective October
1, 2020, a governing body of a commercial service airport may not approve
purchases of contractual services in excess of the Category Five threshold
amount of $325,000 provided in Section 287.017, Florida Statutes, on a consent
agenda. This contract exceeds the threshold amount and must be approved on the
regular agenda. Countywide (AH)
MARCH 8, 2022
5. REGULAR AGENDA
E. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to:
A) approve an Impact
Fee Affordable Housing Assistance Program (IFAHAP) funding award in the amount
of $47,895 to LandTrust Holdings, LLC for the Major Drive project (Project);
B) authorize the Mayor to execute a Certificate of Award
to be released to the recipient pursuant to IFAHAP Guidelines;
C) approve a budget transfer of $35,148 in Impact Fee
Assistance Program – Roads Zone 2 to appropriate funds for the Major Drive
project;
D) approve a budget transfer of $10,301 in Impact Fee
Assistance Program – Parks Zone 2 to appropriate funds for the Major Drive
project; and
E) approve a budget transfer of $2,446 in Impact Fee
Assistance Program – Public Building to appropriate funds for the Major Drive
project.
SUMMARY: On February
12, 2021, the Department of Housing and Economic Development issued a Notice of
Funding Availability (NOFA) making $3,124,923 in IFAHAP funding available from
Palm Beach County’s Fiscal Year 2020 funding cycle. LandTrust Holdings, LLC submitted an
application in response to the NOFA. Staff recommends that up to $47,895 be
provided as a credit for impact fees associated with the Project. LandTrust Holdings, LLC will be given credits for Roads
Zone 2 ($35,148), Parks Zone 2 ($10,301) and Public Building ($2,446) Impact
Fees for the construction of the Project.
LandTrust Holdings. LLC will pay impact fees above the allocated
$47,895. The Project entails construction of a 14-unit townhouse rental
complex to be located at 2126 Major Drive in unincorporated West Palm Beach.
The developer is requesting IFAHAP assistance for 14 units. The Project will
provide affordable housing to tenants with incomes below 140% of the Area
Median Income. The units will be
restricted to remain affordable for 30 years. These funds are from interest
earned by the Impact Fee Fund. District 3 (HJF)
MARCH 8, 2022
5. REGULAR AGENDA
F. PUBLIC SAFETY
1. Staff recommends
motion to approve:
A) Interlocal
Agreement with the School Board of Palm Beach County, Florida (SBPBC) setting
forth the terms and conditions for acceptance of grant funds under Driver
Education Safety Trust Fund (DESTF) Grant Program for Fiscal Year (FY)
2022(Grant Acceptance Agreement); and
B) Interlocal
Agreement with the SBPBC for the implementation of the DESTF Grant Program and
naming SBPBC as the Grant Administrator (Grant Administrator Agreement); and
C) Agreement with The Benjamin School
setting
forth the terms and conditions for acceptance of grant funds under DESTF Grant
Program for FY 2022 (Grant Acceptance Agreement); and
D) Grant Program
Procedures to establish criteria for managing the Driver Education Safety Trust
Fund.
SUMMARY: Pursuant
to the Dori Slosberg Driver Education Safety Act (Section 318.1215, Florida
Statutes), the Palm Beach County Clerk of the Circuit Court and Comptroller
shall collect an additional $5.00 with each civil traffic penalty levied in the
Palm Beach County to be used for driver education programs. Section 10-9
of the Palm Beach County Code provides for the collection of $5.00 to fund a
DESTF Program, which includes the creation of a DESTF and how these funds will
be disbursed to public and non-public schools annually. The Grant
Acceptance Agreement with SBPBC will grant disbursements from the DESTF to be
used for the SBPBC driver education safety program in Fiscal FY 2022. The original Grant Administrator Agreement in
2003 named SBPBC as the grant administrator to utilize their experience and
expertise in administering disbursements to non-public schools. The SBPBC’s
responsibilities under the Grant Administrator Agreement included assisting the
County Administrator in establishing Grant Program Procedures for non-public
schools, advertising the Grant Program, processing and evaluating grant
applications, and providing written recommendations on the grant applications
to the BCC. In turn, the County
Administrator provides clerical and administrative support to the SBPBC as
needed. The Grant Administrator Agreement with SBPBC requires updates to
incorporate standard agreement language and provides for an automatic extension
each year for up to four additional one year terms unless either party provides
notice of termination. As part of the DESTF Grant Program, The Benjamin
School was the only private school applicant. The Benjamin School was approved
to receive DESTF disbursements. The Grant Acceptance Agreement with The
Benjamin School will grant disbursements from the DESTF to be used for The
Benjamin School driver education safety program in FY 2022. The same agreement will be used for any other
non-public schools in Palm Beach County requesting future disbursements from
the Driver Education Safety Trust Fund to support their driver safety education
programs. Countywide (MJ)
MARCH 8, 2022
5. REGULAR AGENDA
G. PLANNING, ZONING & BUILDING
1. Staff recommends motion to approve on preliminary reading and advertise for public hearing on March 22, 2022, at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida; amending Palm Beach County Code Chapter 17 (Ordinance 2011-015) pertaining to Mortgage Foreclosure Registration, Section 17-395, 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; Providing for Enforcement; Providing for Penalty; Providing for Captions; and Providing for an Effective Date. SUMMARY: The Palm Beach County (County) Mortgage Foreclosure Registration Ordinance (Ordinance) requires banks and mortgage companies to register properties in default or foreclosure with the County or its designee, to make inspections of the properties, and to identify a property manager or maintenance company as a point of local contact for each property. The County Ordinance and fee were established in 2011 in response to the impacts the mortgage foreclosure crisis of 2008 had on properties and neighborhoods due to resulting property vacancies, decreases in property maintenance, and other negative impacts that stem from a financial crisis. The County was challenged to identify and/or locate responsible parties to notify if a property was in disrepair or to secure and maintain the properties while going through the foreclosure process and this Ordinance addressed these issues. Currently, and since implemented, the County has used a vendor to register the applicable properties and to maintain a property status and contact database that is accessible by the County Code Enforcement Division. Per the Ordinance, the bank or mortgage holder pays the fee to register and annually renew, if applicable, each property. The volume of properties registering has significantly decreased and in reviewing the utility of the program it is advised that the registration fee should be amended to cover only the cost of registration. This amendment revises the annual registration fee imposed to clearly reflect that the fee that is collected by the County or its designee is to cover the cost of the registration program. Unincorporated (SF)
* * * * * * * * * * * *
RECESS AS THE BOARD OF COUNTY COMMISSIONERS
CONVENE AS THE ENVIRONMENTAL CONTROL BOARD
MARCH
8, 2022
6. BOARD OF COUNTY COMMISSIONERS SITTING
AS THE ENVIRONMENTAL CONTROL BOARD
A. HEALTH DEPARTMENT
1. Staff recommends
motion to approve on preliminary reading and advertise for Public Hearing on
March 22, 2022 at 9:30 a.m.: an Ordinance of the Board of County Commissioners of Palm Beach County,
Florida, sitting as the Environmental Control Board; amending Palm Beach County
Code Chapter 11, Article II, Section 11-20 (Ordinance 78-5, as amended by
Ordinances 87-22, 89-14, 94-26, 97-58, 08-011, and 2014-028), and Section 11-24
(Ordinance 78-5, as amended by Ordinances 79-15, 85-25, 85-43, 87-22, 89-14,
92-23, 97-58, 08-011, and 2014-028); providing for County Health Department and
Solid Waste Authority permits, licenses and approvals; providing for a fee
schedule; providing for applicability; providing for a savings clause;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; and providing for an
effective date. SUMMARY: The Palm Beach County Environmental Control
Act, Chapter 77-716, Laws of Florida, as amended, establishes the Palm Beach
County Board of County Commissioners as the Palm Beach County Environmental
Control Board and authorizes the Environmental Control Board to adopt, revise,
and amend from time-to-time appropriate ordinances for the implementation,
effective enforcement, administration and interpretation of the Act. Palm Beach
County Environmental Control Ordinance No. 78-5, as amended and codified in
Chapter 11, Article II of the Palm Beach County Code was adopted for this purpose.
The proposed ordinance will amend the list of activities required to be
permitted, licensed or approved as necessary due to change in the laws and
regulations of the State of Florida, and update the fee schedule as necessary
to keep pace with rising costs and current regulatory requirements. Major
changes involve (a) adding fees in the newly established water laboratory for
microbiological and chemical sampling, testing, and analysis, (b) increasing
selected existing fees to offset increases in operating costs, (c) the addition
of new fee categories. Attachment 2 provides a narrative and fiscal analysis of
the proposed fee changes. If the ordinance is approved, the proposed fee
schedule will result in a revenue increase of $974,840. The League of Cities
reviewed the proposed ordinance amendment and adopted a motion of “no
objection”. Countywide (HH)
* * * * * * * * * * * *
ADJOURN AS THE ENVIRONMENTAL CONTROL BOARD
RECONVENE
AS THE BOARD OF COUNTY COMMISSIONERS
MARCH 8, 2022
A. ADMINISTRATION
1. ADD-ON: Staff recommends
motion to appoint: one individual to the Health Care District of
Palm Beach County for a four year term beginning March 8, 2022 and ending
September 30, 2025:
Appoint Seat No. Seat Requirement Nominated
By
Dr. Teresa Johnson 1 Elected
Official in PBC Comm.
Bernard
OR
Erica Whitfield 1 Elected Official in PBC Comm.
Kerner
Comm.
McKinlay
Comm.
Marino
Mayor
Weinroth
Comm.
Sachs
SUMMARY: Per
Chapter 2003-326, Laws of Florida, the Health Care District of Palm Beach
County 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 Health Care District of Palm Beach County, 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. The Seat No. 1 term will be begin upon
appointment of the BCC, March 8, 2022 and end September 30, 2025. Cory Neering,
former West Palm Beach City Commissioner, most recently filled the seat. Mr.
Neering did not seek reelection to the City Commission and was not eligible for
appointment since the seat qualification requires one to be an elected official
at the time of appointment. Dr. Teresa Johnson currently serves as a member of
the Town of Haverhill City Commission; Erica Whitfield currently serves as a
member of the School Board of Palm Beach County. The diversity of the Palm Beach County
appointed representatives to the Board include one Caucasian male and one
African-American female. The other appointees to the board include two
Caucasian male, one Hispanic-American female and one Caucasian female. Countywide
(HH)
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
MARCH 8, 2022
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
(LDC)
B. COUNTY ATTORNEY
MARCH 8, 2022
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
Request for off-site Proclamation declaring April 21, 2022 as Women in
Leadership 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 declaring March 2022 as Women’s History Month in Palm
Beach County
Request for off-site Proclamation declaring April 1, 2022 as The Lord’s
Place SleepOut Homelessness Awareness Day in Palm Beach County
District 7 – COMMISSIONER MACK BERNARD
Request for off-site Proclamation declaring March 2022 as Irish American
Heritage Month in Palm Beach County
Request for off-site Proclamation
declaring March 2022 as Let’s Move Palm Beach County Month
MARCH 8, 2022
10. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
MARCH 8, 2022
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."