Backup Documents 04/12-13/2011 Item #16A 8
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16A 8
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on thc item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4. Scott Teach, Deputy County Attorney County Attorney's Office
5. Ian Mitchell, Supervisor Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Y ousi Cardeso Phone Number (239) 252-5886
Contact
Agenda Date Item was April 12, 2011 Agenda Item Number 16A8
Approved by the BCC
Type of Document Interlocal Agreement Number of Original 3
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not
(Initial) A Iicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the YC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the <;PI
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials. )
2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A
all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or YC
the final ne otiated contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and YC
initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip should be YC
provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions
are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on April 12,2011 and all changes made during the YC
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a IicabIe.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<matter number>>/<(document number>>
- -
16A 8
MEMORANDUM
Date: April 20, 2011
To: Y ousi Cardeso, Administrative Assistant
Alternative Transportation Modes
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement - Lee County
LeeTran/CAT (transit between Lee & Collier)
Attached you will find two (2) originals of the Interlocal Agreement as
referenced above, (Item #16A8) approved by the Board of County Commissioners
on April 12, 2011.
The original is being kept by the Minutes & Record's Department as a part of
the Board's Official Records. Once the Original is recorded we will forward a
certified copy to Lee County.
If you should have any questions or need further assistance, please feel free to
contact me at 252-7240.
Thank you.
16A a
Martha S. Vers,Jara
From: CardesoYousi [YousiCardeso@colliergov.net]
Sent: Wednesday, April 20, 2011 12:02 PM
To: Martha S, Vergara
Subject: Re: Agenda Items (4/12/11)
Recording string 426-138336. I'll try to pick up the documents this afternoon.
Thank you
Yousi
From: Martha S. Vergara <Martha.Verqara@collierclerk.com>
To: CardesoYousi
Sent: Wed Apr 20 11:55:482011
Subject: Agenda Items (4/12/11)
Hey Yousi,
I received the three agenda items you were looking for (16All, 16A8, & 16A6). I am going to need a recording
string for the Interlocal Agreement with Lee County (16A8). Can you either e-mail it to me or give it to me
when you come to pickup you documents..
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s), It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message,
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk((i)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk,com domain.
Under Florida Law, e-mail addresses are publiC records, If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing,
Under Florida Law. email addresses are publiC records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead. contact this office by telephone or in wrifing.
1
16A 8 ,
MEMORANDUM
Date: May 2,2011
To: Glama Carter, Transit Manager
Collier Area Transit (CAT)
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
CC: LeeTran, Director
Lee County Transit Department
CC: Minutes & Records, Clerk
Lee County
Re: Interlocal Agreement: "Transit Service" between
Collier County and Lee County
Attached, please find one (1) certified copy as referenced above,
(Agenda Item #16A8), adopted by the Board of County
Commissioners on Tuesday, April 12, 2011.
The orit!inal document has been kept bv the Minutes and Records
Department as a part the of the Board's Official Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (1)
16A g
MEMORANDUM
Date: May 2, 2011
To: LeeTran, Director
Lee County Transit Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
CC: Glama Carter, Transit Manager
Collier Area Transit (CAT)
CC: Minutes & Records, Clerk
Lee County
Re: Interlocal Agreement: "Transit Service" between
Collier County and Lee County
Attached, please find one (1) certified copy as referenced above,
(Agenda Item #16A8), adopted by the Board of County
Commissioners on Tuesday, April 12, 2011.
The ori!!:inal document has been kept bv the Minutes and Records
Department as a part the of the Board's Official Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (1)
, (, A . 8
MEMORANDUM
Date: May 2, 2011
To: Minutes & Records, Clerk
Lee County
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
CC: LeeTran, Director
Lee County Transit Department
CC: Glama Carter, Transit Manager
Collier Area Transit (CAT)
Re: Interlocal Agreement: "Transit Service" between
Collier County and Lee County
Attached, please find one (1) certified copy as referenced above,
(Agenda Item #16A8), adopted by the Board of County
Commissioners on Tuesday, April 12, 2011.
The ori2:inal document has been kept bv the Minutes and Records
Department as a part the of the Board's Official Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments (1)
16A 8
INTERLOCAL AGREEMENT FOR
TRANSIT SERVICE BETWEEN COLLIER COUNTY AND LEE COUNTY
This INTERlOCAl AGREEMENT is made on this March 1 , 2011 by and
between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 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.
INSTR 4552133 OR 4674 PG 1244 C7a
RECORDED 4/21/2011 2:34 PM PAGES 8 3- 1 -11
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA Page 1 of 8
REC $69.50
16A 8
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
(FOOT) 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.
Page 2 of 8
16A 8
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 FOOT 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.
Page 3 of 8
16A 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
rules 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
Page 4 of 8
16A 8
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.
Page 5 of 8
16A 8
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 of the 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 LeeTran
Transit Manager Transit Department Director
Collier Area Transit (CAT) Lee County Transit, LeeTran
2885 South Horseshoe Drive 6035 Landing View Road
Naples, Florida 34104 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 ofthe interpretation hereof.
Page 6 of 8
16A 8
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.
Page 7 of 8
16A 8
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 BOARD OF COUNTY COMMISSIONERS
CI~Fkof Orcuit Court OF COLLIER COUNTY, FLORIDA
.r',
. ., ~ .
By: ~W~
FRED W. COYLE, CHAIRMAN
By:
Scott R. Teach
Deputy County Attorney
C--h{(d ; e (Sh~Q~\,
ATTEST: Clerk of Circuit Court BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
By: ~,a~ 1\ 2; ~~ By:
"...."\\\Oeputy Clerk
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Page 8 of 8