Backup Documents 04/27/2021 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Sally Ashkar, County Attorney County Attorney Office V" 04111 I lA
4. BCC Office Board of County17( )
Commissioners
5. Minutes and Records Clerk of Court's Office n
I u 5 C2( .2'SS
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Trinity Scott Phone Number 252-5832
Contact/ Department
Agenda Date Item was 4/27/21 Agenda Item Number l ld
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip TS
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/27/21(enter date)and all changes made TS is not
during the meeting have been incorporated in the attached document. The County n`option for
Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the T .A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. e.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 D
MEMORANDUM
Date: May 4, 2021
To: Trinity Scott, Manager
Transportation Planning
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Local Match Agreement for the Naples Pathways
Coalition Paradise Coast Trail Feasibility Study
Attached, for your records, please find a scanned copy of the document
as referenced above, (Item #11D) adopted by the Board of County
Commissioners on Tuesday, April 27, 2021.
The original Resolution will be held in our office as part of the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
11D
LOCAL MATCH AGREEMENT
NAPLES PATHWAYS COALITION PARADISE COAST TRAIL
FEASIBILITY STUDY
THIS AGREEMENT(the"Agreement") is made and entered into this{)7tay of Pro I ,
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.
1111
WITNESSETH:
NOW, THEREFORE, in consideration of$10.00 and other good and valuable consideration
exchanged between the parties, the parties agree as follows:
1. 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.
1 I 0
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 8th Street S. 3299 Tamiami Trail East, Suite 102
Naples, FL 34102 Naples, FL 34112
Telephone: (239) 213-1015 Telephone: (239) 252-8999
Email: Email:
PublicRecordsRequests@naplesgov.com PublicRecordsRequest@colliercountyfl.gov
110
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 BOARD O COUNTY COMMISSIONERS
the Circuit Cuurt'B&Comptroller OF COL UNTY, F ID
By: [ U By:
Penny Tayl , Chair
Date:
estas.to Chairman's
orsv.
Appr ed as to form and legality:
hkar
Assistant County Attorney IA
k'i
11D
City of Naples:
,ATTEST:,.
CITY OF NAPLES, FLORIDA
ity Clerk By:
a.�.: Miles I C w , City Manager
'4/11Z14
-Appro'ved T.s"to form and legal sufficiency:
By: &- --
t,-56 X ,City Attorney
Naples Pathways Coalition, Inc.:
Witnesses: NAPLES PATHWAYS COALITION,
INC.
By:
Printed Name:
Title:
•
is
11D
City of Naples:
ATTEST:
CITY OF NAPLES, FLORIDA
By:
, City Clerk By:
, City Manager
Date:
Approved as to form and legal sufficiency:
By:
,City Attorney
Naples Pathways Coalition, Inc.:
Witnesses: NAPLES PATHWAYS COALITION,
INC.
A,14A--) By: (J '`f
Printed Nami ► A I Cr (`'1 A �1`l
Title: f f C.s 1,. dj-
Sivc pA-,�✓�
�MNdi
11D
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 1.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 $45,000 until the
following deliverables are produced and provided to the County by NPC, including
the deliverables in l.a and 1.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 $50,000 until the
following deliverables are produced and provided to the County by NPC,including
the deliverables in 1.a, 1.b., and 1.c.:
i. Final Feasibility Study Report
1. Must include all source files (GIS files, excel, pdf, word, etc.)
1 1 D
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.)
11D
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
County &City & to Whom was it Sent
Project Charter
Agency Partner Meeting
Stakeholder Meeting
Updated Paradise Coast Trail Base Map
System Feasibility Analysis
Open House Public Meeting
Final Feasibility Study Report
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