Agenda 04/12/2011 Item #16A 8
4/12/2011 Item 16.A8.
EXECUTIVE SUMMARY
Recommendation to enter into an Interloeal Agreement with Lee County to coordinate a
public transit link being implemented by Lee County between Lee and Collier Counties.
OBJECTIVE: To obtain approval from the Board of County Commissioners to enter into an
Interlocal Agreement with Lee County to coordinate a public transit link between Lee and
Collier Counties.
CONSIDERATIONS: There has been strong community interest in developing a public transit
link between Collier Area Transit in Collier County and LeeTran in Lee County. A Lee/Collier
Transit Connection project was identified in the 2008 Transit Development Plan Annual Report
as the Number One priority project through public outreach efforts and the MPO process. Both
Collier and Lee County have been working together since 2007 in an effort to establish a route
that would link both systems. The following paragraphs provide a summary of some of those
efforts.
Public Transit Service Development funds have been made available each year through an
application process administered by the Florida Department of Transportation (FDOT). Tn 2007
both Collier County and Lee County submitted Service Development Grant applications for a
new route that would provide regional transit connection service between Collier and Lee
Counties. The Collier County project proposal requested a three-year] 00% projcct funded award
in the amount of $8] 6,5] 2 with no local malch.
LeeTran also submitted a project proposal for a Public Transit Service Development Grant that
year for a similar project with] 00% State funding. County staff received a letter dated December
12, 2007 from FDOT's District Modal Development Administrator that stated that the FDOT
draft work program included a three-year Service Development Program award to Collier
County in the amount of $267,51 1 with a 50% local match for FY08-09. Staff responded to
FDOT that the award funding was insufficient to operate this new service and that we needed
100% State funding. LeeTran responded with the same comments concerning their FDOT
Service Development Program award.
County staff worked with FDOT and LeeTran to figure out a way to accomplish the new service
within the fiscal constraints of both Counties. FDOT programmed an additional $223.778
Service Development Program funding for FY 09-10 but will not commit to lOO% funding of
this project. Therefore altemative funding was required. including a local match, in order to
implement this route.
Discussion with Lee Tran and FDOT continues in order to finalize the project and to coordinate
the details of Ule final service connection. All parties agreed that both jurisdictions would run
_ their own bus with the combined frequency priority of thirty minute frequencies. A proposal for
route alignment and the estimated cost to operate was developed. The proposed route was to run
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4/12/2011 Item 16.A.8.
south along US 41 from Coconut Point Mall 10 [mmokalce Road/Creekside with the following
provIsIOns.
. The proposed Route could connect with Routes I A & I B providing an alternative
transfer location for riders coming from or going to Lee County. LeeTran will adjust
their schedule accordingly.
. The proposed Route will operate days and times when connections between systems are
possible including limited Sunday service.
. Both Lee and Collier Transit systems will be responsible for the development, operation
and maintenance of bus shelters and passenger amenities within their jurisdiction.
Unfortunately in March 2009 FDOT notified Collier and Lee County that the $267,511 Service
Development Grant funding allocated for FY08-09 was being deleted from the work program,
which means that the funding is no longer available for this project. Funding for FY 09- lOin the
amount of $223,778 was still available for this project that the time.
[n order to show our commitment to establishing a transit link both counties entered into an
lnterlocal Agreement in January 2010, which allowed for the establishment of a route when
funding was secured.
Throughout the remainder of Fiscal Year 20 10 Collier and Lee County staff worked together to
develop a route. However, with ditTicult economic times Collier County made the decision 10
forfeit the grant funds awarded through the Service Development Grant Program due to our
inability to fund the 50% match to implement the project.
Lee County will be implementing a routc to connect with Collier Area Transit on [mmokalce
Road. On March I, 20] I. the Lee County Board of County Commissioners voted to approve
entering into an interlocal Agreement with Collier County for the provision of bus service into
Collier County. LeeTran would run the route and Collier County's contribulion would be in the
form of a vehicle which will bc leased to Lee County umil such timc that the service is
discontinued by LeeTran or Collier County has funds available to enhance the service with the
implementation of our own route. The bus is being purchased with funding received through a
Congestion Management Scrvice (CMS) grant awarded to Collier County. Once the bus is
received staff will be coming back to the Board with the necessary lease agreement.
FISCAL IMPACT: There is not a fiscal impact to Collier County for the opcration of the
proposed route. This route is being operated by Lee County. Collier County has been pre-
awarded funding in the anticipated amount of $375,000 for the purchase of a bus to be used for
this route. A separate action will be brought forward to the Board for approval of this grant
award.
Under the proposed agreement, and assuming Collier County receives grant funds to acquire a
bus, Lee County will lease the bus from Collier County as long as the route remains in service or
until Collier County establishes a route into Lee County. Upon the establishment of a Collier
route into Lee County, the lease agrcement with Lee County will be temlinated and CAT will be
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4/12/2011 Item 16.A.8.
utilizing the bus for its service. When the bus has reached its useful life, Collier County will be
responsible for replacement.
LEGAL CONSIDERA nONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote-SRT.
GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board approve entering into an Interlocal Agreement with
Lee County for the establishment of LeeTran public transit service into Collier County; and
authorize the Chairman to sign the agreement.
Prepared By: Michelle Edwards Arnold, Director of Altemative Transportation Modes
Department
Attachment: (1) Interlocal Agreement executed by Lee County
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4/12/2011 Item 16A8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8.
Item Summary: Recommendation to enter into an Interlocal Agreement with Lee County
to coordinate a public transit link being implemented by Lee County between Lee and Collier
Counties
Meeting Date:
4/12/2011
Prepa.'ed By
Name: CardesoYousi
Title: Administrative Assistant,Alternative Transportation Modes
3/18/2011 1 :51:53 PM
Submitted by
Title: Director - Alt Transportation Modes,Alternative Tr
Name: ArnoldMichelle
3/18/2011 1:51:54 PM
Appro,.ed By
Name: OberrathKaren
Date: 3/23/2011 1:21:3 I PM
Name: OberrathKaren
Date: 3/23/2011 1:21:50 PM
Name: SotoCaroline
Title: Management/Budget Analyst,Transportation Administr
Date: 3/23/2011 2:43:40 PM
Name: ArnoJdMichelle
Title: Director - Alt Transportation Modes.Alternative Tr
Date: 3/23/2011 3: 19: 18 PM
Name: CarterGJama
Title: Managcr - Public Transit,Alternative Transportation Modes
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Date: 3/24/201 I 8:42:02 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 3/28/2011 3:22:49 PM
Name: FederNorman
Title: Administrator - Growth Management Div, Transportati
Date: 3/28/20] 14:12:28 PM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 3/28/201 1 5:22:22 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/30/20]] ] 1 :25:33 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 3/31/2011 1:56:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1/20]] 9:39:08 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 4/1/2011 5:37:50 PM
Name: OchsLeo
Title: County Manager
Dale: 4/2/2011 3:59:35 PM
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4/12/2011 Item 16.A.8.
4/12/2011 Item 16A8.
COUNTY
,OllTIlWFST FLORIDA
239-533-0331
BOARDOFCOUNTYCOMM~S~NERS
John E. Manlllng
Dismct One
March 15,2011
Snarl Bigelow
District Two
Ray.Judah
District Three
Tammy Hall
District FOllr
Ms, Michelle Arnold
Collier County Area Transit
2885 Soulh Horseshoe Drive
Naples, FL 34104
Frank Mann
District Five
f(aren B. Hawes
County MiJlJiJgcr
DiJna /vl. Parker
County 1-!();}nn9
Examinor
RE: FYII Interlocal Agreement for Lee/Collier Bus Service
Dear Ms Arnold:
Atlached are lhree original Interlocal Agreements approved by lhe Lee County BOCC
on March 1,201110 provide bus service in Collier County. Please have the documents
signed by lhe Collier County BOCC Chair and return one ori~inal to my attention, at
Lee County Transil, 6035 Landing View Road, Fort Myers, FL 33907.
Please contact me at 239-533-0331, if you have any questions.
Thank you for your assistance.
Sincerely,
TRANSIT DIVISION
I /')
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Susan Riley
Fiscal Manager
cc: Steve Myers, Director
Enclosure (3 original interlocal agreements)
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4/12/2011 Item 16A8.
INTERlOCAl AGREEMENT FOR
TRANSIT SERVICE BETWEEN COlliER COUNTY AND lEE COUNTY
This INTERLOCAL AGREEMENT is made on this
March I
, 2011 by and
between the COLLIER COUNTY BOARD OF COUNTY COMMISSION ERS for purposes of this
Agreement d/b/a Collier Area Transit (CAT) located at 2885 South Horseshoe Drive, Naples,
Florida 34104, and LEE COUNTY BOARD OF COUNTY COMMISSIONERS d/b/a LeeTran located at
6035 Landing View Road, Fort Myers, Florida, 33907.
WHEREAS, CAT provides transportation services within Collier County, Florida, and
LeeTran provides public transportation services within Lee County, Florida; and
WHEREAS, Collier County and Lee County desire to implement inter-county public
transit service between Collier County and Lee County; and
WHEREAS, the inter-county transit service is in the best interest of the citizens of both
Collier County and Lee County by providing more efficient transportation services.
NOW THEREFORE, in consideration of the foregoing and as set forth herein, the
sufficiency and adequacy of which the parties acknowledge, the parties agree as follows:
Section One
Inter-County Transit Services
1.1 LeeTran shall provide transit service between Collier County and Lee County
along the US41 Corridor, operating as a commuter route from the CAT transfer point on
Immokalee Road to the Lee Tran transfer point at Bonita Beach Road.
1.2 Unless specified otherwise, the provisions of this Agreement shall apply to all
services described in this section.
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Section Two: Term
2.1 This Interlocal Agreement shall commence on or about October 1, 2011, through
September 30, 2012. This Interlocal Agreement shall automatically renew for one year
successive terms unless otherwise terminated pursuant to Section Eight.
Section Three
Rights and Obligations
3.1 Upon request, LeeTran shall provide to CAT ridership reports in a manner
consistent with generally accepted transit reporting methods.
3.2 Collier County has obtained a grant from Florida Department of Transportation
(FDOT) for the purchase of a transit vehicle for the sole purpose of the Lee/Collier Service.
Collier County will lease this vehicle to Lee County for the total sum of Ten dollars, $10.00, to be
used by Lee County as long as the route remains in service.
3.3 Lee County will be responsible for all fuel, maintenance, repair, and insurance of
the vehicle and its operators while the Lee/Collier service is being provided. Lee County will be
liable for money damages in tort for any injuries to or losses of property, personal injury, or
death caused by the negligent or wrongful act(s) or omission(s) or any official or employee of
Lee County while acting within the scope of the official's or employee's office or employment
under circumstances in which a private person would be held to be liable in accordance with
the general laws of the State of Florida, subject to the limitations as set out in Section 768.23,
Florida Statues, as it may be revised or amended form time to time.
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4/12/2011 Item 16.A8.
3.4 For the purpose of complying with Collier County's local sign regulations,
LeeTran agrees to operate vehicles, with no advertisement when possible. Lee Tran will use a
vinyl wrap to distinguish and brand the route and will provide the layout for this wrap to Collier
County for approval prior to implementation.
3.5 LeeTran will comply with the Federal Transit Administration and FDOT rules,
regulations, and grant requirements including the applicable Americans with Disabilities Act
(ADA) requirements for the purposes of providing commuter service under this Interlocal
Agreement.
3.6 LeeTran will provide bus schedules and route brochures for the Lee/Collier bus
service and promote and distribute this information within Lee County. Lee Tran will provide
such literature to CAT which will promote the route in Collier County.
Section Four
Bus Stop Costs, Maintenance and Promotion of Ridership
4.1 All bus stop locations along the designated route located within Collier County
will be considered LeeTran bus stops. Bus stop signage will carry a logo that is unique to this
route. LeeTran will comply with Collier County and State permit requirements for the
placement of bus stop signs within Collier County. Collier County agrees to waive any permit
and/or review fees associated with the placement of bus stop signs.
4.2 LeeTran will retain financial responsibility for schedule and route brochures, bus
stop signs, bus shelters, bus stop benches, trash containers, bicycle racks, public information
distribution and other related expenses related to services within Lee County.
4.3 LeeTran will be responsible for maintaining all bus stops, shelters, benches and
related amenities including trash collection, along the designated bus route within Lee and
Collier Counties. Agencies will coordinate with each other to monitor the appearance and
maintenance of said amenities.
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4/12/2011 Item 16.A.8.
4.4 LeeTran will provide marketing of the route including developing information
materials in order to promote ridership. CAT will promote the route in Collier County.
Section Five
Fares
5.1 All fares charged to passengers along the designated route will based upon
LeeTran's current fare structure and subject to the following.
a. No transfers or prepaid passes will be honored between the CAT and
LeeTran systems.
b. Each respective jurisdiction will honor valid prepaid passes, permits,
tickets and transfers for passengers boarding the system for which the
prepaid fare or transfer was issued.
5.2 Nothing herein shall limit LeeTran from adopting or amending fares and related
ruies applicable to the services provided by LeeTran.
Section Six
Governing Law
6.1 This Agreement shall be governed by the laws of the State of Florida.
6.2 All service provided under this agreement will comply with Florida Rule 14.90 as
amended.
Section Seven
Indemnification
7.1 For claims arising in tort and within the limits provided in Section 768.28, Florida
Statutes, each party shall indemnify, defend, save and hold harmless the other, all its officers,
agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever
arising due to any negligent act, occurrence of omission or commission of the other party, its
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4/12/2011 Item 16A8.
subcontractors, agents or employees. Neither the parties hereto or any of its agents will be
liable under this section for damages arising out of injury or damage to persons or property to
the extent caused by the sole negligence of the other party, its officers, agents or employees.
The parties agree that this section shall not waive or exceed the benefit or limits provided in
Chapter 768.28, Florida Statutes, as may be amended from time to time.
Section Eight
Termination
8.1 This agreement can be terminated by either party upon providing ninety (90)
days prior written notice of such termination to the other party.
8.2 Section Seven: Indemnification shall survive the dates and terms of this
Agreement
Section Nine
Force Majeure
9.1 Neither party shall be liable for any adjustments to payments or deviations in or
partial or complete suspension of performance, failure of performance or any damages without
limitations resulting from strikes or labor disputes, work stoppages, fire, explosions, water, the
elements, acts of God (including, without limitation, hurricanes or wind, rains, floods or
lightning), acts of civil or military authorities or public enemy or other causes beyond the
party's control whether or not similar to the foregoing.
Section Ten
Modification
10.1 This Agreement shall not be modified except by written instrument signed by
both parties.
Page50fS
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4/12/2011 Item 16A8.
Section Eleven
Assignment
11.1 This Agreement shall be binding upon and insure to the benefit of the successors
and assigns of the parties hereto, but neither party may assign this Agreement or any rights
hereunder without first obtaining the written consent ofthe other.
Section Twelve
Notices
12.1 All notices to be given hereunder shall be sufficient if given in writing in person,
or by registered or certified mail, return receipt requested postage prepaid, in either case,
addressed to the respective party at its postal address or at such other address as each may
hereafter designate in writing. Notices by mail shall be deemed effective and complete at the
time of mail receipt in accordance herewith. Notice shall be sent to the parties at the address
shown in the opening paragraph of this Agreement.
CAT
Transit Manager
Collier Area Transit (CAT)
2885 South Horseshoe Drive
Naples, Florida 34104
LeeTran
Transit Department Director
Lee County Transit, LeeTran
6035 Landing View Road
Fort Myers, Florida 33907
Section Thirteen
Headings
13.1 All sections and descriptive subheadings of paragraphs of the Agreement are
inserted for convenience only and shall not affect the construction of the interpretation hereof.
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Section Fourteen
Partial Invalidity
14.1 If any provision of this Agreement is held invalid, the provision shall be severable
and the remainder of the Agreement shall not be affected. In such an instance, the remainder
would then continue to conform to the terms and requirements of applicable law.
Section Fifteen
Designated Representative
15.1 Each agency director, or other employee as may be designated in writing by the
respective County Administrator, shall serve as the Designated Representative, and is
authorized to interpret this Agreement and assume other administrative duties associated with
the implementation of this Agreement Any disputes which may arise over any provision of this
Agreement, not satisfactorily resolved between the Designated Representatives, shall be
referred to the respective County Administrator or his/her designee.
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IN WITNESS WHEREOF, the parties have caused these present to be duly executed by
authorized representatives as of the date and day cited above.
ATTEST:
Dwight E. Brock
Clerk of Circuit Court
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:_
Chair
Approved as to form and legal sufficiency:
By:
Scott R. Teach
Deputy County Attorney
ATTEST:
CI\C\rlit. Green,
Clerk of Circuit Court
BOARD OF COUNTY COMMISSIONERS
OF lEE COUNTY, FLORIDA
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