Agenda 04/27/2021 Item #16A10 (Local Match Agmt w/Naples Pathways Coalition)Proposed Agenda Changes
Board of County Commissioners Meeting
April 27, 2021
Continue Item 6A to the June 8, 2021 BCC Meeting: Public Petition request from Mr. John
Harlem regarding use of artificial turf. (Petitioner’s request)
Continue Item 16K1 to the May 11, 2021 BCC Meeting: Recommendation to take no further action
with respect to a public petition requesting that Collier County enact an ordinance to protect
firearm owners from federal or state government intrusion. (Commissioner McDaniel’s Request)
Move Item 16A10 to Item 11D: Recommendation to approve a
Local Match Agreement with the Naples Pathways Coalition to
reimburse the Coalition up to $60,000 for the Paradise Coast Trail
Feasibility Study and authorize the Chair to execute the Agreement.
(Commissioner McDaniel’s Request)
Withdraw Item 16D5: Recommendation to approve a Budget Amendment to fully fund the
restoration of the 1909 Haskell & Barker Caboose at the Naples Depot Museum. (Staff’s Request)
Time Certain Items:
Item 11C to be heard at 9:30 a.m. (Commissioner Saunders’ request)
Item 11A to be heard no sooner than 10:45 a.m.
4/27/2021 8:18 AM
16.A.10
04/27/2021
EXECUTIVE SUMMARY
Recommendation to approve a Local Match Agreement with the Naples Pathways Coalition to
reimburse the Coalition up to $60,000 for the Paradise Coast Trail Feasibility Study and authorize
the Chair to execute the Agreement.
OBJECTIVE: To provide the ability to reimburse the Naples Pathways Coalition up to $60,000 of
County funds toward the local match of a 2020 General Appropriations Act earmark.
CONSIDERATIONS: The Naples Pathway Coalition (NPC), a 501(c)(3) non-profit was established in
2005 as an advocacy group to encourage safe, bikeable, and walkable communities in Collier County.
The NPC developed a 70+ mile multi -use pathway concept that will provide a multi -modal trail
throughout Naples, Ave Maria, Immokalee and other areas within and beyond Collier County.
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NPC intends to complete a feasibility study which is necessary to obtain future funding for design and
construction of the Paradise Coast Trail. The NPC applied and secured an earmark which is
memorialized in the 2020 General Appropriation Act. The earmark is for $250,000 for a study and
requires a $100,000 local match. Per the Local Match Agreement, Collier County and the City of Naples
agree to participate in the local match up to a total of $90,000. Collier County's portion of the local
match is up to $60,000 based on the terms and conditions described in the Agreement. Upon completion
of the Study, it may be used by the participating agencies to seek future appropriations or grant funds.
FISCAL IMPACT: Collier County is committing to reimburse the NPC up to $60,000 based on
Schedule A of the Local Match Agreement. Sufficient funding for the reimbursement is available in
Transportation Capital Fund 310, Project 60118.
GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the adopted 2045
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04/27/2021
Long Range Transportation Plan, Comprehensive Pathway Plan and the Transportation Element of the
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SAA
RECOMMENDATION: To approve the Local Match Agreement with the Naples Pathway Coalition to
reimburse up to $60,000 for the Paradise Coast Trail Feasibility Study and authorize the Chair to execute
the Agreement.
Prepared By: Trinity Scott, Transportation Planning Manager
ATTACHMENT(S)
1. Local Match Agreement(PDF)
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16.A.10
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doe ID: 15595
Item Summary: Recommendation to approve a Local Match Agreement with the Naples
Pathways Coalition to reimburse the Coalition up to $60,000 for the Paradise Coast Trail Feasibility
Study and authorize the Chair to execute the Agreement.
Meeting Date: 04/27/2021
Prepared by:
Title: Manager - Planning — Capital Project Planning, Impact Fees, and Program Management
Name: Trinity Scott
04/ 12/2021 5:23 PM
Submitted by:
Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
04/12/2021 5:23 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management
Amy Patterson
Growth Management Operations Support
Christopher Johnson
Growth Management Department
Lissett DeLaRosa
Level 1 Reviewer
County Attorney's Office
Sally Ashkar
Level 2 Attorney Review
Growth Management Department
Jeanne Marcella
Department Head Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Additional Reviewer Completed
Additional Reviewer
Completed
Completed
04/13/2021 10:56 AM
Completed
04/13/2021 12:17 PM
Completed
04/13/2021 1:01 PM
Completed
04/13/2021 1:20 PM
Completed
04/13/2021 2:29 PM
Completed
04/19/2021 9:06 AM
Completed
04/19/2021 10:16 AM
04/27/2021 9:00 AM
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16.A.10.a
LOCAL MATCH AGREEMENT
NAPLES PATHWAYS COALITION PARADISE COAST TRAIL
FEASIBILITY STUDY
THIS AGREEMENT (the "Agreement") is made and entered into this day of ,
2021, by and between Naples Pathways Coalition Inc., a Florida non-profit corporation (hereinafter
referred to as "NPC" and/or "Contractor"), whose address is 300 Fifth Avenue South, Suite 101,
Naples, Florida 34102, and the Board of County Commissioners of Collier County, Florida, as the
governing body of Collier County, a political subdivision of the State of Florida, whose address is
3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "County"), and the
City of Naples, a municipal corporation of the State of Florida, whose address is 735 Eight Street
South, Naples, Florida 34102 (hereinafter the "City"). NPC, the County, and the City may be
collectively referred to herein as the "Parties" and each may be referred to individually as a "Party."
RECITALS:
WHEREAS, NPC is a local advocacy group and 501(c)(3) non-profit, established in 2005;
and
WHEREAS, the goal of NPC is to encourage safe, bikeable, and walkable communities in
Collier County; and
WHEREAS, NPC has developed the Paradise Coast Trail concept, which is a 70+ mile multi-
use pathway that will provide a trail to walk, run, and bike safely throughout Naples, Ave Maria,
Immokalee and other areas within and beyond Collier County; and
WHEREAS, the NPC intends to launch a feasibility study for the Paradise Coast Trail; and
WHEREAS, the feasibility study is necessary in order to obtain state funding for the design,
engineering, and construction of Paradise Coast Trail; and
WHEREAS, NPC secured an earmark for the feasibility study through the State of Florida,
memorialized in the 2020 General Appropriation Act, which was supported by Senator Kathleen
Passidomo; and
WHEREAS, the earmark in the 2020 General Appropriation Act is for an amount of $250,000
and requires a $100,000 local match in order to fund the feasibility study; and
WHEREAS, the $250,000 earmark will be administered by the Florida Department of
Transportation via separate agreement with NPC; and
WHEREAS, NPC will participate in the local match for a total of $10,000 for the Paradise
Coast Trail Feasibility Study; and
WHEREAS, the City and County wish to jointly participate in the local match for a total of
$90,000 for the Paradise Coast Trail Feasibility Study;
WHEREAS, the parties have agreed to certain terms and conditions set forth below.
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16.A.10.a
WITNESSETH:
NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration
exchanged between the parties, the parties agree as follows:
l . Recitals. All of the above recitals and any exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. Payment Terms, The County and the City hereby agree to reimburse up to $90,000 for the
Paradise Coast Feasibility Study, pursuant to the terms and conditions set forth herein and in
the attached Project Deliverables Reimbursement Schedule ("Schedule A").
3. Additional Terms and Conditions. Schedule A, which is attached hereto and incorporated
herein, contains additional terms and conditions applicable to all Parties. All Parties agree to
abide by the terms contained in Schedule A, as applicable to each entity.
4. Responsibilities of NPC. NPC shall provide the County and the City with the deliverables
detailed in the Schedule A in order to obtain reimbursement from the County and the City.
5. Responsibilities of Collier County. The County shall reimburse NPC 17.1% of each
consultant invoice for the feasibility study up to a maximum of $60,000, to be distributed
according to Schedule A.
6. Responsibilities of the City of Naples. The City shall reimburse NPC 8.5.% of each
consultant invoice for the feasibility study up to a maximum of $30,000, to be distributed
according to Schedule A.
7. Reimbursement Terms. NPC must invoice the County and the City based on the terms set
forth in Schedule A. NPC must also provide the following documentation to support each
payment application:
a. Progress report
b. Supporting documentation for period of services being billed
a. Consultant invoices
b. Subconsultant invoices
c. Proof of payment
a. NPC to Consultant
b. Consultant to Subconsultants
d. Completed Supplemental Payment Form ("Schedule B")
8. Term of the Agreement. This Agreement will commence on the date it is signed by the
Parties (the "Effective Date"), and shall continue in full force and effect for a period of
eighteen (18) months from the Effective Date (the "Term"). The Agreement is renewable upon
agreement by all Parties.
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16.A.10.a
9. Termination. This Agreement shall automatically terminate eighteen (18) months from the
Effective Date, unless the parties agree in writing to extend the duration of the Agreement.
10. Applicable Law. Any disputes arising in connection with this Agreement shall be governed
and interpreted by the laws of the State of Florida without regard to its conflict of law
provisions.
11. Non -Waiver. None of the provisions of this Agreement shall be considered waived by any
Party unless such waiver is given in writing by the other Parties. No such waiver shall be a
waiver or any past or future default, breach or modification of any of the terms, provision,
conditions or covenants of the Agreement unless expressly set forth in such waiver.
12. Entire Agreement; Amendments. This Agreement and the appendices attached hereto
constitute the entire understanding and agreement between the Parties with respect to the
subject matter hereof and replace and supersede all prior understandings, communications,
agreements or arrangements between the parties with respect to this subject matter, whether
oral or written. This Agreement may only be amended as agreed to in writing by all Parties.
13. Maintenance of Records. The Contractor will keep adequate records and supporting
documentation which concern or reflect its services hereunder. The records and
documentation will be retained by the Contractor for a minimum of five years from the date
of termination of this Agreement or the date the Project is completed, whichever is later. The
City and County, or any duly authorized agents or representatives of the City and County,
shall have the right to audit, inspect and copy all such records and documentation as often as
they deem necessary during the period of this Agreement and during the five year period noted
above; provided, however, such activity shall be conducted only during normal business
hours. If the Contractor desires to destroy records prior to the minimum period, it shall first
obtain permission from the City and County in accordance with the Florida Public Records
laws.
a. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
City of Naples Collier County
Custodian of Public Records Communications & Customer Relations
735 81h Street S. 3299 Tamiami Trail East, Suite 102
Naples, FL 34102
Telephone: (239) 213-1015
Email:
Naples, FL 34112
Telephone: (239) 252-8999
Email:
PublicRecordsRequests@naplesgov.com PublicRecordsReguest@colliercountvfl.gov
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16.A.10.a
b. The Contractor shall:
i. Keep and maintain public records required by the City and County to perform
the service.
ii. Upon request from the City's or County's custodian of public records, provide
the City or County with a copy of the requested records or allow the records to
be inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in chapter 119.0701 F.S. or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City and County.
iv. Upon completion of the contract, transfer, at no cost, to the City and County
all public records in possession of the contractor or keep and maintain public
records required by the City and County to perform the service. If the
contractor transfers all public records to the City and County upon completion
of the contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the City and County, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the City and County.
IN WITNESS WHEREOF, the Parties hereto have each, respectively, by an authorized person or
agent, executed this Agreement on the date and year first written above.
Collier County:
ATTEST:
CRYSTAL KINZEL, Clerk of
the Circuit Court & Comptroller
Date:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Penny Taylor, Chair
Approved as to form and legality:
Sally Ashkar
Assistant County Attorney iA
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16.A.10.a
City of Naples:
ATTEST:
I3y:�
.._ , City Clerk
Date., yl q ti
Approved as to form and legal sufficiency:
:F f,,m S V- 56X ,City Attorney
Naples Pathways Coalition, Inc.:
Witnesses:
CITY OF NAPLES, FLORIDA
,City Manager
NAPLES PATHWAYS COALITION,
INC.
By:
Printed Name:
Title:
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16.A.10.a
City of Naples:
ATTEST:
By:
Date:
City Clerk
Approved as to form and legal sufficiency:
M.
City Attorney
Naples Pathways Coalition, Inc.:
Witnesses:
S76\,,C
CITY OF NAPLES, FLORIDA
IIn
City Manager
NAPLES PATHWAYS COALITION,
INC.
By: -
Printed Nam L ►�� 1 Cr f`'1.A �t 1� N
Title: C S I. lsC fJ z
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16.A.10.a
Schedule A
Project Deliverables Reimbursement Schedule
1. Collier County (the "County") shall reimburse NPC 17.1 % of each consultant invoice up
to a maximum of $60,000.
a. The reimbursement amount shall not exceed $15,000 until the following
deliverables are produced and provided to the County by NPC:
i. Project Charter
1. The Project Charter must be prepared by the chosen consultant and
must include a detailed scope of work, study objectives, study
schedule, and a framework for decision -making and
communication.
ii. Agency Partner Meeting between NPC, Collier County, City of Naples &
Collier MPO
1. NPC must also provide a meeting summary and slides.
b. The cumulative reimbursement amount shall not exceed $30,000 until the
following deliverables are produced and provided to the County by NPC, including
the deliverables in La:
i. Stakeholder Meeting
1. NPC must also provide a meeting summary and slides.
ii. Updated Paradise Coast Trail Base Map
1. NPC must revise based on inventory and data collection completed
by the chosen consultant.
c. The cumulative reimbursement amount shall not exceed $45,000 until the
following deliverables are produced and provided to the County by NPC, including
the deliverables in La and Lb.:
i. System Feasibility Analysis
1. Segment Evaluation Matrix
2. Alternative Alignments
3. Conceptual Typical Sections
4. Estimated Constructions Costs for Alignment Alternatives
5. Estimated Right -of -Way Requirements for Alignment Alternatives
ii. Open House Public Meeting
1. Must include maps, graphics and meeting summary —
d. The cumulative reimbursement amount shall not exceed $50,000 until the
following deliverables are produced and provided to the County by NPC, including
the deliverables in La, Lb., and 1.c.:
i. Final Feasibility Study Report
1. Must include all source files (GIS files, excel, pdf, word, etc.)
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16.A.10.a
2. The City of Naples (the "City") shall reimburse NPC 8.5% of each consultant invoice up
to a maximum of $30,000.
a. The reimbursement amount shall not exceed $7,500 until the following deliverables
are produced and provided to the City by NPC:
i. Project Charter
1. The Project Charter must be prepared by the chosen consultant and
must include a detailed scope of work, study objectives, study
schedule, and a framework for decision -making and
communication.
ii. Agency Partner Meeting between NPC, Collier County, City of Naples &
Collier MPO
1. NPC must also provide a meeting summary and slides.
b. The cumulative reimbursement amount shall not exceed $15,000 until the
following deliverables are produced and provided to the City by NPC, including
the deliverables in 2.a:
i. Stakeholder Meeting
1. NPC must also provide a meeting summary and slides.
ii. Updated Paradise Coast Trail Base Map
1. NPC must revise based on inventory and data collection completed
by the chosen consultant.
c. The cumulative reimbursement amount shall not exceed $22,500 until the
following deliverables are produced and provided to the City by NPC, including
the deliverables in 2.a and 2.b.:
i. System Feasibility Analysis
1. Segment Evaluation Matrix
2. Alternative Alignments
3. Conceptual Typical Sections
4. Estimated Constructions Costs for Alignment Alternatives
5. Estimated Right -of -Way Requirements for Alignment Alternatives
ii. Open House Public Meeting
1. Must include maps, graphics and meeting summary —
d. The cumulative reimbursement amount shall not exceed $25,000 until the
following deliverables are produced and provided to the City by NPC, including
the deliverables in 2.a, 2.b. and 2.c.:
i. Final Feasibility Study Report
1. Must include all source files (GIS files, excel, pdf, word, etc.)
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16.A.10.a
Schedule B —Supplemental Payment Form
Date of Payment Application:
County Invoice Schedule:
Maximum County Contribution
$60,000
Amount Due this Payment Application
Less Previous Payments
Remaining County Contract Balance
City Invoice Schedule:
Maximum City Contribution
$30,000
Amount Due this Payment Application
Less Previous Payments
Remaining City Contract Balance
Deliverables (more specifically defined in Schedule A):
Deliverable
Date Documentation Provided to the
&City & to Whom was it Sent
---County
Project Charter
Agency Partner Meeting
Stakeholder Meeting
Updated Paradise Coast Trail Base Ma
System Feasibility Analysis
Open House Public Meeting
Final Feasibility Study Report
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