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Backup Documents 03/09/2010 Item #16B 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~~9F COUNTY COMMISSIONERS OFFICE FQRSIGNATURE Prin{"" p" popet. ~Ie) ~ ~t QriaiIull1loeumenlS should be Iumd delivered Ie) the Board Offi... The _leIod tOlJllng slip ami original ~".Ie) be ~ded 1D1lle B<>ot<lOfllc;eOllly_the Board h._ action on the item.) ROUTING SLIP ~ IOQ1jqlinoolllhr!l\llllt14 .~ fur llddiIi<loaIli~. dales. IOdtor infonn1ltiollneeded. If the dowment is llready ~_the , "i.ii. "'-'lias ,.....~1.........,,14 .""'.lelc tho_IdiSt. 8Ild~1O SueFiIsorI lilld5" '.'ttlNCe ~A"i~) ". '. Ofke IItltlals Date ./Listia 1 . 2. . 3. 4. A S. lan.Mi1CW..SCCOtl".ee 8Qatd. of County Commissioners U ~ht ., sot 6: M~Sluf~ Clerk of Court's Office . PRIMARY CONTACT INFORMATION (The pri..." __ iltho hoIclcr 01'''' 0fi8inal tIooI_ peadlng Bee """"",aI. Noml8lly the primary _ is the pcrl10Il who -....dIpI<pIII11l1i. ...-Ive ~.l'rimlIri ~ n,a..-....ltliJleded..1Ile__ of the __ above, in........ SIlO Filson, neod to _.wrlllr ~.",lsIilla iIIIllrmetiooI. Ahria\nll---..........lhe IlCC cbaitman.s lignalllre.... to be delivered to the Bee ofIiuooly sftorthe Bee his -.lctolil'J1l!llft.dle i1oni.1 ~Gf PI ~~ statf 'l'.ie $il1ery . Opetations CoQtdinator Phone Number 239-2 52.5840 ~ . "Mltem,,- ~ 1J.20IO Agenda lle-m Number I 6 B (6) .... '1ll\.lhtlJeC . 'l'jpo~~ '~"""'" ALA~~ Number of Original 6 A1ladled BJI'f\VlilEN' eOLLUlit ANI> LEE Dol;uments Attached 00UN1'Y INSTR.VcnONS "' CHECKLIST IllitIal~ Yeuell1lllaor mMk ~N/it!' in Ille Not Applil:llble column, whichever is I. OIiialol&t ~ _been ~initia'etl for legal sufficiency. (All dooumenls to be slgnedby the CIlaimian. wid! the -,n of most letters, must be reviewed and signed by the Oftlee ilftheCQllllty Attorney. ThIs includes signature pages from ordinances, ~s, etc. slanllCl by the,Cmuity Mtorney's Office and signature pages from COIIlrllI:lS, ...---. etc. \bat have been fillly exeeutecl by all parties except the Bee C\Iabwt lIIl4 C!eIti _ . State Oftic' . 2. AU baI!llwti_....~ lIIl4~ have been initialed by the CoUllty Attorney's OftIce.ll$l llIl ex the ace ChaIrman the Clerk: to the Board 3. TIle OlI"jlIIW1Q'u'll: . V~.1ille date wheeaenhll'ed lIstbe date ofBCC approval of the or the' date whi~vor is Iicable. 4. "Sip." ...ptll~OII the ~o&>riAte- pagtSllldlcating where the Chairman's lIIIII'" . 5. 1rt1llllStcail.. (.olM~.8R\an.-plion), the original d_t IlIId this routing slip sboul4 be pIO\<lIIed tQ.ha M1lheheB in the BCC <i>ffice within 24 hours of BCe approval. SoIlle ~ 1ft. tlnll' _sitivt lIDdtequire forwarding to Tallahassee within a certain _ orlhe 's '8R\ . Be of our deedllnes! 6. TM ......t 'PI~ by" ace OIl (enter date)." all e....... IHlIed~,_"..'l)Ili\"",,, __ ~ted III tbe attaehed dOCllaenl. Tile . r edtlle Ie. llcable. ~ ~... I: FMII$/ COl1lIlY FOrmtI IlC(fF\llm$l~ ~ iIouIintl Slip WWS Original 9.03.04; R<vised 1.26,05. Revised 2.24.05, Revised 9.18;09 168 6 MEMORANDUM Date: March 12,2010 To: Tessie SiIlery, Operations Coordinator Transportation/ A TM From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Interlocal Agreements between Collier County and Lee County for CAT and LeTran Services Attached for your records are five (5) copies of the item referenced above, (Agenda Item #16B6) adopted by the Board of County Commissioners March 'I, 2010. If you have any questions, please call me at 252-7240. Thank you. 168 6 COUNTY SOU I II '" ! S T ! I () R I :1 ,\ BOARD OF COUNTY COMMISSIONERS Bol) Jillle~, D,S/llclOII(' ,A, Bliilll f3iqp,nw District ill"') R'l" .}I,ddl' DiSI/:r;I ihl"l'" i;-JIllIllY HCili Disllle/F-ol!' Frank rVlalln OlslrrdF-lvf' Karen 8. 11,1w," County M,I.'I,I~i'" U<1vid ~A ';'WI"!' :-~()l!n,l\/ Atlc>: ,'i'\' UI,jf'il r.,_:! f\IIf\E!1 ,:>)II!;I\-- 1-1(,,'jOl'(; EX;'III).'I)"" ,:)I\(":',V(.I(:("'i"- January 14, 2010 Michelle Arnold, Director Collier County . '. . Alternative Tra\1~po;.tati6h: MiHfes 2885 South Horseshoe Drive Naples, Florida 34104 Ms. Arnold: Enclosed please find six (6) original interlocal agreements for transit service between Collier County and Lee County. These agreements were executed by the Lee County Board of County Commissioners and are being forwarded to Collier for further processing. Upon execution by Collier County, we ask that Collier retain three (3) originals and return three (3) originals to Lee County. Thank you for your assistance in developing this document. We look forward to working cooperatively with Collier Area Transit staff. Sincerely, Jt' / ; /. - .' / JI\..~--. I '.1./ 1.-'-__ l_ .,. . Steven L Myers, Dire or Lee County Transit - LeeTran Attached: Interlocal Agreement for Transit Service (6) P T-<' C'~ I"J \: F' ", l.L.J ..~ ,) J.'N !~ 5 ?I~:: PO Box 3~)n_ r::-ort rVlver:-,. Flolldd :l,:j!)O;)..OJ9B 1):\11'1 (d:\-)111 Inti;;JTlOl ;I(Jrlre:-;:'; litlp.//wwvv,lcc-i,(HJnlV</JlI! Ar~HjIlM OI'!-'OI":1 UI-jl I , 'I/'l-n..:Mt-\llilfli,]Hm:'i,.1F'!r VI,,-I: 168 & INTERLOCAL AGREEMENT FOR TRANSIT SERVICE BETWEEN COLLIER COUNTY AND LEE COUNTY This INTERLOCAL AGREEMENT Is made on this 5th of Januarv ,2010 by and between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS for purposes of this Agreement d/b/a Collier Area Transit (CAT) located at 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "CAT", and LEE COUNTY BOARD OF COUNTY COMMISSIONERS d/b/a LeeTran, located at 6035 Landing View Road, Fort Myers, Florida, 33907 hereinafter referred to as "LeeTran," collectively the "Parties" hereto. WHEREAS, CAT provides transportation services within Collier County, Florida, and LeeTran provides public transportation services within Lee County, Florida; and WHEREAS, CAT and LeeTran 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 CAT and LeeTran will each provide transit service between Collier County and Lee County along the US41 Corridor, more particularly described in Exhibit "A" attached hereto and incorporated herein; and C7b 1-5-10 Page 10f9 168 6 Section Two Term 2.1 This Interlocal Agreement will commence on October 1, 2009, through September 30,2010. If said execution of Interlocal Agreement occurs after October 1, 2009, It will become retroactive with all terms and condition having the effective date of October 1, 2009. This Interlocal Agreement will automatically renew for one-year terms unless otherwise terminated pursuant to Section Eight: Termination herein. Section Three Rights and Obligations 3.1 CAT and leeTran will each be responsible for training its own system employees and no employee of one system will operate a bus belonging to the other system with the exception of an emergency situation relating to public safety. 3.2 CAT and leeTran radio dispatchers will coordinate necessary service adjustments, each communicating with their own employees. CAT and leeTran radio dispatchers will communicate with each other and their respective bus operators when it is in the best interest of customer service and public safety. 3.3 CAT and leeTran dispatchers will coordinate responses to service interruptions to minimize customer delays. Such responses will include the temporary use of an extra bus and/or driver when feasible. CAT and leeTran supervisors will also provide this transportation In the event that a stand-by bus operator and/or bus are not available. 3.4 In the event of an accident, incident or other related emergency, the respective dispatchers will first notify the 911 Call Center located In the jurisdiction of the accident or emergency. Page 2 of9 168 6 3.5 The first system supervisor to arrive at an accident/incident will coordinate with relevant emergency services, their respective dispatcher and provide assistance to the affected bus operator and/or customers until such time as the appropriate supervisor by jurisdiction arrives at the scene. In the event that one system does not have the resources to dispatch a supervisor, then the responding supervisor will obtain the pertinent information (pictures, names, witness information) relating to the accident for a basic investigation and communicate this information to their respective dispatcher. LeeTran and CAT dispatchers will communicate with each other to coordinate joint efforts when applicable under this section in the interest of public safety and customer service. The respective dispatchers will communicate with their respective street supervisors and bus operators when at all possible. Typical and accepted transit industry protocols will be followed to address each event. 3.6 Each system supervisor will provide assistance on service related issues to the bus operator through the respective dispatchers. 3.7 Upon request, each party will provide to the other party ridership reports in a manner consistent with generally accepted transit reporting methods. 3.8 For the purpose of complying with Collier County's local sign regulations, LeeTran agrees to supply vehicles, Including spares, with no advertisement when possible to operate on the designated route. 3.9 Compliance with the Americans with Disabilities Act (ADA) for the purposes of providing service under this Interlocal Agreement will be the responsibility of each respective jurisdiction. Both jurisdictions will coordinate the provision of ADA services as required. Page 3 019 lL'lBJ 6 Section Four Cost and Payment 4.1 All bus stop locations along the designated route will be considered common bus stops by both CAT and LeeTran. However, CAT and LeeTran will retain separate 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 their respective county. 4.2 CAT and LeeTran will be responsible for maintaining all bus stops, shelters, benches and related amenities, including trash collection, within their respective county along the designated route. Agencies will coordinate with each other to monitor the appearance and maintenance of said amenities. 4.3 Each jurisdiction will provide marketing of the route including developing information materials in order to promote ridership. 4.4 CAT and LeeTran will retain individual responsibility for collecting and reporting performance data and other statistics as required by the Florida Department of Transportation and the Federal Transit Administration. Section Five Fares 5.1 CAT and LeeTran will each retain independent control over fares and fare collection. 5.2 All fares charged to passengers along the designated route will be based upon an agreed upon fare structure and subject to the following. Page 4 of 9 _._,--_.~~" ,., "",-";.-"",,,_.,--,.~-...,._~.~>~_.-"--~ 168 6 .' a. No transfers 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 from which the prepaid fare or transfer was issued. S.3 Nothing herein will limit either party from adopting or amending fares and related rules applicable to the services provided by either party. Section Six Governing Law 6.1 This Agreement will 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 will indemnify, defend, save and hold harmless the other party, all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising due to any negligent act, omission or commission of that other party, its subcontractors, agents or employees. Neither the parties hereto nor 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 will not waive or exceed the benefit or limits provided In Chapter 768.28, Florida Statutes, as may be amended from time to time. Page 5 of 9 168 6 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 will survive the dates and terms of this Agreement. Section Nine Force Majeure 9.1 Neither party will 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 civii 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 will not be modified except by written Instrument signed by both parties. Section Eleven Assignment 11.1 This Agreement will be binding upon and inure 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. Page 6 of9 168 6 Section Twelve Notices 12.1 All notices to be given hereunder will be sufficient if given in writing in person, or by registered or certified mail, return receipt requested postage prepaid. In either case, such notice will be addressed to the respective party at its postal address or at such other address as each party may hereafter designate in writing. Notices by mail will be deemed effective and complete at the time of mail receipt in accordance herewith. Notice will be sent to the parties at the address shown in the opening paragraph of this Agreement. CAT Transit Manager Collier Area Transit (CAT) 3301 East Tamiami Trail Naples, Florida 34112 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 will not affect the construction or the interpretation hereof. Section Fourteen Partial Invalidity 14.1 If any provision of this Agreement is held invalid, the provision will be severable and the remainder of the Agreement will not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. Page 7 of 9 168 6 Section Fifteen Dispute Resolution 15.1 Any disputes arising from this Agreement that can not be resolved by the Parties may be settled through arbitration of the disputed matters by following the procedures as set form in Section 44.104, Florida Statutes, or the Parties may utilize any other legal remedies available to either Party with respect to the disputed matters. Section Sixteen Designated Representative 16.1 Each agency director, or other employee as may be designated in writing by the respective County Administrator, will serve as the Designated Representative, and is authorized to assume 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, will be referred to the respective County Administrator or his/her designee. Page 8 of 9 168 6 IN WITNESS WHEREOF, the parties have caused these present to be duly executed by authorized representatives as ofthe date cited above, ATTEST: Dwight E, Brock Clerk of Clreuit Court B~ Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W (d~ Chair By: ~#? /~L Scott R, Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA ATTEST: j) . W ~1 BY:I!lt1z;/,# , "Y L/JU'Ui.../ ...."''''\\\\ Deputy Clerk .." II" P , _:. ,.",'.],1,.." ~fJ.q./. I, ..- ..1....... ~...4.. ~/A f _.-, , ". f(.r~., J, ~"". " '.~r. '/ ..~ .>.'" ~ ........-- ..' 3;;.::. ClE'~Alr 4~~'~ /....:":tQ;.. . L- :c."liI/ .;I' .. U ." /. . : ..'- ~/, ~,~ .... ;:;: /-' ~.. iJV):~.......... - , I . . ~ ,\'I;'~"Y 0.1 .: , . '. ~"'~lll .\"'- .....- .\\"'.....,.....' By: 7/rifr/:i Chair ,. AP~stof~ \\ . By: -j~ ~i rt1.vv'IA County Attorney' Office ' Page 9 of 9 168 6 Major Roads INSTR 4511372 OR 4638 PG 1755 RECORDED 12/30/2010 3:32 PM PAGES 10 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $86.50 INTERlOCAl AGREEMENT FOR TRANSIT SERVICE BETWEEN COLLIER COUNTY AND lEE COUNTY This INTERlOCAl AGREEMENT is made on this 5th of January. 2010 by and between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS for purposes of this Agreement d/b/a Collier Area Transit (CAT) located at 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "CAT", and lEE COUNTY BOARD OF COUNTY COMMISSIONERS d/b/a LeeTran, located at 6035 Landing View Road, Fort Myers, Florida, 33907 hereinafter referred to as "LeeTran," collectively the "Parties" hereto. WHEREAS, CAT provides transportation services within Collier County, Florida, and leeTran provides public transportation services within Lee County, Florida; and WHEREAS, CAT and leeTran 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 CAT and leeTran will each provide transit service between Collier County and Lee County along the US41 Corridor, more particularly described in Exhibit "A" attached hereto and incorporated herein; and C7b 1-5-10 Page 10f9 Section Two Term 2.1 This Interlocal Agreement will commence on October 1, 2009, through September 30,2010. If said execution of Interlocal Agreement occurs after October 1, 2009, it will become retroactive with all terms and condition having the effective date of October 1, 2009. This Interlocal Agreement will automatically renew for one-year terms unless otherwise terminated pursuant to Section Eight: Termination herein. Section Three Rights and Obligations 3.1 CAT and leeTran will each be responsible for training its own system employees and no employee of one system will operate a bus belonging to the other system with the exception of an emergency situation relating to public safety. 3.2 CAT and leeTran radio dispatchers will coordinate necessary service adjustments, each communicating with their own employees. CAT and leeTran radio dispatchers will communicate with each other and their respective bus operators when it is in the best interest of customer service and public safety. 3.3 CAT and LeeTran dispatchers will coordinate responses to service interruptions to minimize customer delays. Such responses will include the temporary use of an extra bus and/or driver when feasible. CAT and leeTran supervisors will also provide this transportation in the event that a stand-by bus operator and/or bus are not available. 3.4 In the event of an accident, incident or other related emergency, the respective dispatchers will first notify the 911 Call Center located in the jurisdiction of the accident or emergency. Page 2 of 9 3.5 The first system supervisor to arrive at an accident/incident will coordinate with relevant emergency services, their respective dispatcher and provide assistance to the affected bus operator and/or customers until such time as the appropriate supervisor by jurisdiction arrives at the scene. In the event that one system does not have the resources to dispatch a supervisor, then the responding supervisor will obtain the pertinent information (pictures, names, witness information) relating to the accident for a basic investigation and communicate this information to their respective dispatcher. LeeTran and CAT dispatchers will communicate with each other to coordinate joint efforts when applicable under this section in the interest of public safety and customer service. The respective dispatchers will communicate with their respective street supervisors and bus operators when at all possible. Typical and accepted transit industry protocols will be followed to address each event. 3.6 Each system supervisor will provide assistance on service related issues to the bus operator through the respective dispatchers. 3.7 Upon request, each party will provide to the other party ridership reports in a manner consistent with generally accepted transit reporting methods. 3.8 For the purpose of complying with Collier County's local sign regulations, leeTran agrees to supply vehicles, including spares, with no advertisement when possible to operate on the designated route. 3.9 Compliance with the Americans with Disabilities Act (ADA) for the purposes of providing service under this Interlocal Agreement will be the responsibility of each respective jurisdiction. Both jurisdictions will coordinate the provision of ADA services as required. Page 3 of9 Section Four Cost and Payment 4.1 All bus stop locations along the designated route will be considered common bus stops by both CAT and LeeTran. However, CAT and LeeTran will retain separate 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 their respective county. 4.2 CAT and LeeTran will be responsible for maintaining all bus stops, shelters, benches and related amenities, including trash collection, within their respective county along the designated route. Agencies will coordinate with each other to monitor the appearance and maintenance of said amenities. 4.3 Each jurisdiction will provide marketing of the route including developing information materials in order to promote ridership. 4.4 CAT and leeTran will retain individual responsibility for collecting and reporting performance data and other statistics as required by the Florida Department of Transportation and the Federal Transit Administration. Section Five Fares 5.1 CAT and LeeTran will each retain independent control over fares and fare collection. 5.2 All fares charged to passengers along the designated route will be based upon an agreed upon fare structure and subject to the following. Page 4 of9 a. No transfers 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 from which the prepaid fare or transfer was issued. 5.3 Nothing herein will limit either party from adopting or amending fares and related rules applicable to the services provided by either party. Section Six Governing Law 6.1 This Agreement will 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 will indemnify, defend, save and hold harmless the other party, all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising due to any negligent act, omission or commission of that other party, its subcontractors, agents or employees. Neither the parties hereto nor 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 will not waive or exceed the benefit or limits provided in Chapter 768.28, Florida Statutes, as may be amended from time to time. Page 5 of9 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 will survive the dates and terms of this Agreement. Section Nine Force Majeure 9.1 Neither party will 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 windl rainsl 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 will not be modified except by written instrument signed by both parties. Section Eleven Assignment 11.1 This Agreement will be binding upon and inure 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. Page 6 of9 Section Twelve Notices 12.1 All notices to be given hereunder will be sufficient if given in writing in person, or by registered or certified mail, return receipt requested postage prepaid. In either case, such notice will be addressed to the respective party at its postal address or at such other address as each party may hereafter designate in writing. Notices by mail will be deemed effective and complete at the time of mail receipt in accordance herewith. Notice will be sent to the parties at the address shown in the opening paragraph of this Agreement. CAT Transit Manager Collier Area Transit (CAT) 3301 East Tamiami Trail Naples, Florida 34112 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 will not affect the construction or the interpretation hereof. Section Fourteen Partlal'nvalldlty 14.1 If any provision of this Agreement is held invalid, the provision will be severable and the remainder of the Agreement will not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. Page 7 of 9 Section Fifteen Dispute Resolution 15.1 Any disputes arising from this Agreement that can not be resolved by the Parties may be settled through arbitration of the disputed matters by following the procedures as set form in Section 44.104, Florida Statutes, or the Parties may utilize any other legal remedies available to either Party with respect to the disputed matters. Section Sixteen Designated Representative 16.1 Each agency director, or other employee as may be designated in writing by the respective County Administrator, will serve as the Designated Representative, and is authorized to assume 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, will be referred to the respective County Administrator or his/her designee. Page 8 of 9 IN WITNESS WHEREOF, the parties have caused these present to be duly executed by authorized representatives as of the date cited above. 1, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~W. (~ Chair ,.' r: .~ ATTEST;,'" Dwight E.. 13rock Clerk of, Clrei.lit Court ~ ..' -'" ~,.- - ,,'i. B C_ uCllI.'...;-.... . .t~~I'.;' ..... Approved as to form and legal sufficiency: ;'.;: By: ~iff?/~L Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF lEE COUNTY, FLORIDA ATTEST: ~w:l ~ By: ~.LP,. ?f~ .-J ,.........."",,\\, Deputy Clerk ~:.~"::~~'!n elll;","I. "'::- {it \)~'." .......~~#' r 1 tt.,~~" .. "Cl}.. '..'" .~. <111. ". . .. ~ !II ",'" ,"~).~ ..'~~ ~ ,~. .~.." g=t SEAL }=~ '" '. .: :: I, ~." ....:: .. .- 'fcA,.. .......~::...: i. . ""1:ttlrr a~":' ,.~ lI? .'["\....- \ l,\"".......... By: '7!tf/7/ ~ Chair Ap Page 9 of 9 Legend NB Collier COMector SB Collier Connector Major Roads