Agenda 07/12/2016 Item #16D10 7/12/2016 16.D.10.
EXECUTIVE SUMMARY
Recommendation to approve the Naples Municipal Airport Bus Shelter Maintenance Agreement
with the Naples Airport Authority authorizing the construction of two bus shelters to be used for
the Collier Area Transit(CAT)Public Transportation System along Airport Property.
OBJECTIVE: To partner with the Naples Municipal Airport for the provision of bus shelters while
maintaining the character of the Airport branding.
CONSIDERATION: Collier County provides public bus transportation throughout the County and
constructs bus shelters at its various bus stop locations to provide safe shelters to passengers of the system
as they wait. The Naples Airport Authority wishes to construct at its own expense, and on its own
property at the Naples Municipal Airport, two bus shelters at existing CAT bus stops, and has agreed to
maintain those shelters.
The Naples Airport Authority wishes the design of the bus stop shelter to be located at stops #114 and #
115 adjacent to the Airport property on Airport Road conform to the design style of other facilities on
their property. Because the Transit System builds and maintains all County bus stops with a uniform
design, a change in the design style would create a fiscal impact for the County. To defray this impact,
the Naples Airport Authority is agreeing to accept construction and maintenance responsibility for the two
shelters. The attached maintenance agreement outlines the County maintenance standards with which the
Naples Airport Authority would be expected to comply.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $100 and includes recording fees
that will be charged to the CAT Operating Fund, 426, Project No. 60083.
LEGAL CONSIDERATIONS: This item has been as to form and legality, and requires a majority vote
for Board approval. -ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the attached Naples
Municipal Airport Bus Shelter Maintenance Agreement and authorizes the Chairman to execute same on
behalf of the Board; authorizes the payment of all costs and expenses necessary to close the transaction;
and authorizes the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Agreement.
Prepared By: Michelle Arnold, Division Director—PTNE
Attachment(s):Naples Airport Bus Shelter Maintenance Agreement
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7/12/2016 16.D.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to approve the Naples Municipal Airport Bus Shelter
Maintenance Agreement with the Naples Airport Authority authorizing the construction of two
bus shelters to be used for the Collier Area Transit (CAT) Public Transportation System along
Airport Property.
Meeting Date: 7/12/2016
Prepared By
Name: ArnoldMichelle
Title: Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt
6/17/2016 6:08:40 PM
Submitted by
Title: Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt
Name: ArnoldMichelle
6/17/2016 6:08:42 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 6/27/2016 11:39:25 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 6/27/2016 11:40:28 AM
Name: DeleonOmar
Title: Planner, Senior,Public Transit&Neighborhood Enhancemt
Date: 6/27/2016 3:35:32 PM
Name: RobinsonErica
Title:Accountant, Senior, Grants Management Office
Date: 6/27/2016 3:50:57 PM
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7/12/2016 16.D.10.
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 6/27/2016 5:06:28 PM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 6/28/2016 11:03:45 AM
Name: AshtonHeidi
Title:Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/30/2016 2:28:00 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 7/1/2016 11:48:23 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/1/2016 5:09:29 PM
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NAPLES MUNICIPAL AIRPORT BUS SHELTER MAINTENANCE AGREEMENT
This Naples Municipal Airport Bus Shelter Maintenance Agreement (this "Agreement")
is entered into this day of , 2016, by and between Collier County,
Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami
Trail East, Naples, Florida 34112 (the "County"), and the City of Naples Airport Authority, a
political subdivision of the State of Florida whose mailing address is 160 Aviation Drive North,
Naples, Florida 34104 (the"Authority").
RECITALS:
WHEREAS, County. through its vendor, provides public bus transportation throughout
Collier County, referred to as the Collier Area Transit System ("CAT"); and
WHEREAS, County has constructed bus shelters at its various bus stop locations to
provide safe shelters to passengers of the system as they wait; and
WHEREAS, the Authority wishes to construct at its own expense and on its own property
two bus shelters at existing CAT bus stops,and has agreed to maintain those shelters; and
WHEREAS, the parties have agreed to enter into this Agreement in order to assign
maintenance requirements, set forth construction standards for the new bus shelters and provide
other obligations in accordance with the terms hereof.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1. The Authority will construct two bus shelters at bus stop identification numbers
114 and 115, as depicted on the aerial attached hereto as Exhibit "A," which bus shelters shall be
completely outside the County right-of-way and located on Authority property (collectively the
"Bus Shelters").
2. The Authority shall at its sole cost and expense permit and construct the Bus
Shelters, loading pads and pathways connecting to existing sidewalks in accordance with its own
plans and specifications but in compliance with all federal, state and local laws, including the
Americans with Disabilities Act of 1990, as amended,and the Florida Building Code.
3. The Authority shall be solely responsible for the maintenance of the Bus Shelters,
sidewalks and surrounding areas on Authority property in order to maintain a reasonably safe
access from the Bus Shelters to the County's right-of-way. The Authority shall have exclusive
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7/12/2016 16.D.10.
control over all signage on or around the Bus Shelters and surrounding areas on Authority
property; provided, however, the County shall be permitted to post a single bus schedule inside
each of the Bus Shelters so long as its dimensions do not exceed 12 x 27 inches and shall be
allowed to place one Collier Area Transit logo facing the right-of-way at a mutually agreed-upon
location.
4. During the term of this Agreement, the County agrees to provide regularly
scheduled CAT public bus transportation service throughout Collier County to and from the Bus
Shelters at no cost to the Authority.
5. Subject to the limitations set forth in Section 76828, Florida Statutes, the
Authority shall indemnify and save harmless the County, including all officers, employees and
agents of the County, from any loss or damages the County may suffer as a result of third party
claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments,
including reasonable attorneys' fees and costs of litigation, against the County to the extent
arising out of the Authority's acts or omissions in maintaining the Bus Shelters and surrounding
areas on Airport property during the term of this Agreement.
6. Unless terminated as set forth below, this Agreement shall remain in full force
and effect in perpetuity from the date first set forth above, and shall be binding upon the parties
andall their successors in interest. The Agreement may be freely terminated as of right by either
party at any time, with or without cause, upon thirty (30) days written notice to the other. If the
Authority exercises this termination right for any reason other than based on the County's
substantial breach of this Agreement, or if the County exercises this termination right based upon
Authority's substantial breach of this Agreement, then, upon written demand by County. the
Authority, at its sole cost and expense, shall move the Bus Shelters and related improvements on
the Airport property so that they are no longer adjacent to the County's right-of-way. Except for
the foregoing sentence, neither party will be liable to the other for any obligations, damages or
claims resulting from the termination of this Agreement.
7. This Agreement may be recorded by either party in the Official Records of Collier
County.Florida.
8. This Agreement is the entire agreement between the parties and supersedes all
previous oral and written representations, agreements and understandings between the parties
relating to the subject matter of this Agreement.
9. This Agreement shall be governed by the laws of the State of Florida, and may
not be altered or amended in anyway, except by written agreement signed by both parties.
In Witness Whereof, the parties have caused this Agreement to be executed on the day
and date first above written.
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OP I
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As to the COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONER
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
A'proved as to form and legality:
Emily R. 4in
Assistant County Attorney
As to the AUTHORITY:
ATTEST: CITY OF NAPLES AIRPORT AUTHORITY
By:LwW\,.. 1-4`.-0-bL"\1/4-; By:
Print Name/Title: obh 6. 177-mordChristopher A. Rozansky. Executive Director
5'ktcv t*A'4 ASS;Pit/Cl/-
Approved as to form and legal sufficiency by:
William L.L. Ovvens. Esq.
Counsel to the Authority
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Exhibit A
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