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Agenda 06/10/2025 Item #16B 2 (Payment to Temple, Inc for materials lost in package shipping via FedEx)6/10/2025 Item # 16.B.2 ID# 2025-1444 Executive Summary Recommendation to approve a payment of $21,335.00 to Temple Inc., for materials that were lost in a package shipped via FedEx. OBJECTIVE: To obtain approval for payment of $21,335.00 for 17 clock controllers for flashing school signals that were lost by FedEx when shipped back to Temple Inc. CONSIDERATIONS: On July 29, 2024, the Traffic Operations Division prepared two boxes to return to Temple, Inc. via FedEx. The boxes contained a total of 64 pounds of individually wrapped clock controllers for flashing school signals (27 items in total). These items were returned in exchange for a new delivery of a different model. On July 31, 2024, Box 1 (10 items) was delivered to Temple Inc. at Alpharetta, GA. On August 4, 2024, a shipment exception was issued for Box 2 (17 items) as “unable to deliver”. Further requests to FedEx to investigate the whereabouts of the box contents did not yield any positive results. The box could not be located and there was no trace of the materials. Staff initiated a claim with FedEx on August 23, 2024, for $42,602.00 (the estimated value of the box contents based on the initial purchase which included a cell service plan). On September 13, 2024, an email claim update was provided by FedEx stating their records contained no declared value requested for this shipment. Staff had not declared the value of the shipment nor paid for additional insurance when the shipment was created. FedEx issued check # 4234934 for payment of $114.93, which was the maximum claim amount allowed of $100.00 plus the original delivery charge of $14.93. Collier County’s insurance does not cover this loss since the amount is below the deductible of $100,000. In March 2025, the County Attorney’s Office sent a demand letter to FedEx for payment. In April 2025, FedEx responded their agreements required the County to declare a value for the shipment or its value defaults to $100, which they had paid us. Temple issued a negotiated quote for $21,335.00 for the 17 pieces of equipment that were lost. This amount represents the material cost only, as the cell service plan was applied to the replacement items. Hence, the final cost of equipment that Collier County is responsible for is $21,335.00. Staff have been counseled and retrained to ensure all items are insured for their estimated value at the time of shipment. FISCAL IMPACT: Funding in the amount of $21,335.00 is available within the Transportation Services Fund (1001), Traffic Operations Cost Center (163630). GROWTH MANAGEMENT IMPACT: This recommendation has no Growth Management Plan impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. –DDP RECOMMENDATIONS: To approve a payment of $21,335.00 to Temple Inc., for materials that were lost in a package shipped via FedEx. PREPARED BY: Leigh Anne Blackburn, Management Analyst, Transportation Management Services Department ATTACHMENTS: 1. Backup Documentation for Loss Page 937 of 2218 TEMPLE, INC.1954 - 2025 P.O. Box 2066 / 50 Davis Street Serving the South's Decatur, AL 35602 Traffic Needs Phone: Main Office Toll Free 800/633-3221 for Over 70 Years Local 407-701-4649 DATE: TO:Collier County 14-Apr-25 TERMS: Net 30 Days, FOB Shipping Point, Prepaid and Allowed Temple 071 FCU APL DELIVERY: 4 to 6 Weeks ARO SALESPERSON: Sheldon Pafford QUOTE #:Collier County 071 FEDX 4-14-25 Page 1 0f 1 CONDITIONS: The prices and terms on this quotation are subject to verbal changes or other agreements unless approved in writing by Temple, Inc.. All quotations and agreements are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based on cost and conditions existing on the date of the quotation and are subject to changes by Temple, Inc. before final acceptance. Quantity Description Price Extended 17 FCU 500-071, School Zone BeaconTime Switch, No Data Plan 1,497.00$ 25,449.00$ Line Item 944, Page 72 / 121, 678-008-023-c 17 Less Items Not Included (242.00)$ (4,114.00)$ 21,335.00$ DOT-ITB-24-9098-SJ Quote Valid for 30 Days Sheldon Pafford Account Representative Page 938 of 2218 1 Christine Arnold From:Derek Perry Sent:Friday, April 4, 2025 11:26 AM To:Jay Ahmad Cc:Ellen Sheffey; LeighAnne Blackburn; Ronald Tomasko Subject:RE: RLS - Missing FedEx Box Jay, As discussed, we sent a demand letter to FedEx. Ryan Stewart, they’re Lead Counsel, Litigation, gave me a call in response. FedEx is very apologetic and holds the County in high regard as a customer. Unfortunately, as this shipment was generated from our FedEx account online, the County entered into a contractual agreement with FedEx (as part of creating that account and again when creating the shipping label, through a clickwrap agreement). In short, that agreement requires the County to declare a value for the shipment or default to a declared value of $100 (which they paid us). The County may pursue a civil action in County court; however, it is nearly certain that we will not prevail. This issue may best be viewed as a cautionary tale for County staff to ensure they declare a value for high value shipments. As always, please feel free to give me a call if you have any questions or need anything else. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Anthony Khawaja <Anthony.Khawaja@colliercountyfl.gov> Sent: Tuesday, February 11, 2025 8:59 AM To: Jeff Klatzkow <Jeff.Klatzkow@colliercountyfl.gov> Cc: Jay Ahmad <Jay.Ahmad@colliercountyfl.gov>; Ellen Sheffey <Ellen.Sheffey@colliercountyfl.gov>; LeighAnne Blackburn <LeighAnne.Blackburn@colliercountyfl.gov> Subject: RLS - Missing FedEx Box Hi Jeff, Please, have someone review the attached RLS and provide us with your legal opinion. Thanks Tony Anthony Khawaja Chief Engineer - Traffic Operations Transportation Engineering Office:239-252-8259 2885 South Horseshoe Dr. Page 939 of 2218 Office of the County Attorney Jeffrey A. Klatzkow Deputy County Attorney • Scott R. Teach Managing Assistant County Attorneys • Colleen M. Greene • Heidi F. Ashton-Cicko* *Board Certified City, County and Local Government Law Assistant County Attorneys • Sally A. Ashkar • Derek D. Perry • Ronald Tomasko 3299 East Tamiami Trail, Suite 800 • Naples Florida 34112-5749 • (239) 252-8400 • FAX: (239) 252-6300 March 12, 2025 Via USPS Certified Mail Federal Express Corporation 942 South Shady Grove Road Memphis, TN 38120 RE: Tracking/Pro#/Case #: 777629290396/C-160190712 Loss Date: 08/23/2024 To Whom It May Concern: Please be advised that this matter has been forwarded to the Collier County Attorney’s Office for future handling. As you may be aware, on July 29, 2024, the Collier County’s Transportation Engineering Division shipped two packages via FedEx to Applied Information, Inc., at 3000 Summit Place, Suite 150, Alpharetta, GA 30009. Applied Information only received one of the packages, the other being lost by FedEx in transit. This is evidenced by Tracking No. 777629290396, which describes a “shipment exception” and “unable to deliver”. Please see backup documentation attached for further information. The package contained equipment valued at $42,602.00. On or about September 13, 2024, FedEx provided a settlement amount of $114.93 via Case No. C-160190712. This amount is unacceptable, and Collier County is seeking total reimbursement for the lost package. Please forward payment in the amount of $42,602.00, made out to the “Collier County Board of County Commissioners” and mail it to: Collier County Attorney’s Office Attn: Derek D. Perry, Esquire 3299 East Tamiami Trail-Suite 800 Naples, FL 34112 Failure to remit payment will result in the County Attorney’s Office seeking Board approval to file suit against your company for the equipment’s value, plus any costs of litigation and statutory interest. In the alternative, please provide any insurance information for any policies that may provide insurance coverage. Please kindly respond to this letter within 15 days from the date above. Sincerely, Derek D. Perry Assistant County Attorney cc: Pamela Wilson/Collier County Operations Support Specialist I, Transportation Engineering Page 940 of 2218 Travel history Sort by:Ascending Shipment facts Shipment overview Friday, 26/07/24 12:03 PM Shipment information sent to FedEx Monday, 29/07/24 11:00 AM Picked up FORT MYERS, FL 9:12 PM Arrived at FedEx location FORT MYERS, FL 9:13 PM Shipment arriving On-Time FORT MYERS, FL 11:01 PM Left FedEx origin facility FORT MYERS, FL Tuesday, 30/07/24 4:44 AM Arrived at FedEx location ORLANDO, FL 9:53 AM Departed FedEx location ORLANDO, FL Sunday, 04/08/24 4:11 AM Shipment exception Unable to deliver POOLER, GA T R AC K I N G N U M B E R 777629290396 Tracking ID:777629290396 3/10/25, 11:38 AM Detailed Tracking https://www.fedex.com/fedextrack/?trknbr=777629290396&trkqual=12028~777629290396~FDEG 1/3Page 941 of 2218 OUR COMPANY About FedEx Investor Relations Careers International Holiday Schedule Conditions of Carriage Binding Corporate Rules MEISA Newsroom NEW CUSTOMER Open an Account Register for a Login New Customer Center CUSTOMER SUPPORT Contact FedEx MORE FROM FEDEX Sign up for eNews FedEx Developer Portal Fuel Surcharge Rates & Surcharges Resources FedEx Locations Services Package details M A S T E R T R AC K I N G N U M B E R 777629290396 S H I P DAT E 29/07/24 S TA N D A R D T R A N S I T 31/07/24 S E R V I C E FedEx Ground T E R M S Shipper W E I G H T 49 lbs / 22.23 kgs D I M E N S I O N S 21x19x18 in. TO TA L P I E C E S 2 TO TA L S H I P M E N T W E I G H T 64 lbs / 29.03 kgs PAC K AG I N G Package 3/10/25, 11:38 AM Detailed Tracking https://www.fedex.com/fedextrack/?trknbr=777629290396&trkqual=12028~777629290396~FDEG 2/3Page 942 of 2218 Page 943 of 2218 Page 944 of 2218 TRACKING / PRO #777629290396 SHIP / RECEIVED DATE 08/23/2024 CHECK AMOUNT $114.93 CLAIM AMOUNT $42602.00 CHECK #4234934 Hello FedEx Customer, We value your business. Payment for final settlement of your claim has been submitted. Our records indicate there was no declared value requested on this shipment. Therefore, maximum claim payment is \$100 per our Service Guide. Payment will be made via check or EFT depending on your account preferences. Delivery charges are reimbursed based on original method of payment. To learn more about declared value, visit our website at: https://www.fedex.com/en-us/shipping/declared-value.html We regret any inconvenience this issue has caused, and hope to be given the opportunity to better serve your future shipping needs. Sincerely, Fedex Cargo Claims. How was your claims experience? ©2024 FedEx. The content of this message is protected by copyright and trademark laws under U.S. and international law. You are receiving this email because you have requested claims status notifications. To change your email preferences, click here. Review our privacy policy. All rights reserved. ID ENS 2506   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. Page 945 of 2218 Page 946 of 2218 Page 947 of 2218