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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. ,[[mymoka[ee • t � li'. Ca■■ ' 1 epexscr+ew SWAMP S AHCTU] y :1 Ave Maria I Golden Gate l Q PICAI HE STRAHQ STATE FOREST FAKA}i ATCHE E . STRAND STAtI RAHK 'lE - STAiC PANI[ 1 1 GOL V{R-5�uieeOAE FAl MRH 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 Packet Pg. 613 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) Packet Pg. 614 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 Packet Pg. 615 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. Packet Pg. 616 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. Packet Pg. 617 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 Packet Pg. 618 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 Packet Pg. 619 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: Packet Pg. 620 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 Packet Pg. 621 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.) Packet Pg. 622 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.) Packet Pg. 623 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 Packet Pg. 624