Agenda 02/11/2014 Item #16E1 2/11/2014 16.E.1 .
EXECUTIVE SUMMARY
Recommendation to authorize the sale of Collier County Surplus property on March 29,
2014; authorize the County Manager or designee to sign for the transfer of vehicle titles
and County Attorney approved Naples Airport space lease (auction location); and,
authorize the donation of previously loaned radar equipment to the Florida Highway
Patrol.
OBJECTIVE: To donate or sell County surplus property which serves no useful business
purpose to operating departments.
CONSIDERATIONS: The Purchasing Department has scheduled the annual County surplus
property auction for March 29, 2014. Attachment A (Collier County Surplus Sale Items)
represents items that no longer have a useful business purpose. The list of items (Attachment
A) has been offered for transfer to other departments prior to the auction.
In addition to the items listed on Attachment A, staff is requesting approval by the Board to:
• Add additional surplus items received subsequent to the approval of this Agenda Item for
sale at the March auction;
• Accommodate requests for donations received from other government entities or a
legitimate Florida Non Profit 501 (C) (3) organization prior to the auction;
• Donate fully depreciated Stalker Dual Radar Detector equipment to the Florida Highway
Patrol which has been on loan to that agency since April 1995 (and not needed by the
Sheriff's Department); and,
• Authorize the County Manager, or designee, to sign for the transfer of vehicle titles for
the auction and signature of the space lease with the Naples Airport.
All items sold, or donated, and their realized values will be reported to the Board in a follow-up
Executive Summary at a Board meeting occurring after the auction event.
Collier County is currently under contract with a full service auctioneer, Atkinson Realty &
Auction, Inc., to provide services to include preparation for the event, sale and disposal of all
Collier County owned property, and transfer and disposition of all property titles. This sale will
be conducted in compliance with Section 274.06, Florida Statutes. Notice for this auction will be
published in the newspaper not less than one (1) week prior to sale.
FISCAL IMPACT: The auctioneer commission and miscellaneous auction expenses are paid
from the auction sale revenue; net sales revenues are returned to the general fund, or
enterprise fund, that originally paid for the asset purchase.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
a majority vote for approval.-ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this executive summary.
RECOMMENDATION: That the Board of County Commissioners authorizes: 1.)the sale of
Collier County Surplus property on March 29, 2014; 2.)the County Manager or designee to sign
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2/11/2014 16.E.1 .
for the transfer of vehicle titles and County Attorney approved Naples Airport space lease; and,
3.) the donation of previously loaned radar equipment to the Florida Highway Patrol
Prepared By: Tracey Payne, Operations Manager, Purchasing Department
Attachments:
• Attachment A Collier County Surplus Sale Items
• Naples Airport Space Lease
• Florida Highway Patrol Documentation
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2/11/2014 16.E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to authorize the sale of Collier County Surplus property
on March 29, 2014; authorize the County Manager or designee to sign for the transfer of
vehicle titles and County Attorney approved Naples Airport space lease; and, authorize the
donation of previously loaned radar equipment to the Florida Highway Patrol.
Meeting Date: 2/11/2014
Prepared By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
1/15/2014 10:25:58 AM
Submitted by
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Name: MarkiewiczJoanne
1/15/2014 10:26:00 AM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 1/22/2014 12:46:05 PM
Name: TibbettsRhonda
Date: 1/23/2014 8:59:51 AM
Name: PayneTracey
Date: 1/23/2014 8:59:58 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 1/23/2014 10:40:48 AM
Name: PepinEmily
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2/11/2014 16.E.1.
Title: Assistant County Attorney, CAO Litigation
Date: 1/23/2014 4:27:49 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 1/27/2014 3:56:22 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 1/31/2014 9:59:38 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:17:13 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/3/2014 2:36:42 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2014 10:57:58 AM
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SPECIAL EVENT AGREEMENT
THIS SPECIAL EVENT AGREEMENT (this "Agreement") is made effective as of the
day of , 2014 (the "Effective Date") by and between the CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida (the "Authority"), as
licensor, and COLLIER COUNTY, a political subdivision of the State of Florida (the "Event
Organizer"), as licensee,
RECITALS
A. The granting of this license shall not be construed as the release of the Authority's
exclusive right to control aeronautical activity at Naples Municipal Airport.
B. Event Organizer wishes to obtain a non-exclusive, non-perpetual and
non-assignable license from the Authority to provide those certain limited services described in
Exhibit A attached hereto and made a part of this Agreement(collectively the"Special Event").
C. The Authority is willing to grant Event Organizer a non-exclusive, non-perpetual
and non-assignable license for the limited privilege of providing the Special Event at that certain
location upon the premises of the Airport (as defined below) described in Exhibit A attached
hereto and made a part of this Agreement (the "Special Event Area"). For purposes of this
Agreement, the term "Airport" shall mean the entire premises of the Naples Municipal Airport,
City of Naples, Collier County,Florida(the "Airport"). =r.
TERMS
NOW, THEREFORE, in consideration of the Authority's agreement and consent to use
the designated areas of the Airport, as shown and described on Exhibit A, the Authority and
Event Organizer agree as follows:
1. Grant of License. The Authority hereby grants to Event Organizer a
non-exclusive, non-perpetual and non-assignable license for the sole and exclusive purpose of
providing the Special Event at the Special Event Area, and for no other purpose and at no other
location whatsoever, all in strict accordance with the terms and conditions of this Agreement
(collectively the "License"). Event Organizer shall enter the Airport and gain access to the
Special Event Area only using the specific route described in Exhibit A attached hereto and
made a part of this Agreement (the "Special Event Access Route"). Any attempt by Event
Organizer to gain access to the Special Event Area by any other way shall be a default under this
Agreement. It is specifically understood and agreed that nothing in this Agreement shall be
construed (a) as granting or authorizing the granting of an exclusive right to Event Organizer
within the meaning of section 308 of the Federal Aviation Act or otherwise, or(b)to allow Event
Organizer to conduct any activities other than providing the Special Event at the Special Event
Area. The Authority is authorized to enter upon and to inspect the Special Event Area and Event
Organizer's operations thereon at any time during the term of this Agreement.
Notwithstanding anything in this Agreement to the contrary, the Authority reserves the
exclusive and unqualified right for any reason upon reasonable notice (based on the
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circumstance) to relocate both the Special Event Area and the Special Event Access Route to
different locations at the Airport during the term of this Agreement at Event Organizer's sole
expense, provided the Authority grants to Event Organizer substantially similar rights and
privileges in such different locations as Event Organizer had in the Special Event Area and
Special Event Access Route.
2. Term. The License granted under this Agreement shall be effective
Set-Up Time 12:00 pm to 5:00 pm ET March 28,2014
Special Event Time 7:00 am to 2:00 pm ET March 29, 2014
Notwithstanding anything in this Agreement to the contrary, the Authority shall have the
exclusive right to terminate this Agreement at any time and for any safety or airport security
reason whatsoever in its sole discretion up to and during the Special Event itself. This
Agreement and all of the rights and privileges granted to Event Organizer hereunder shall
automatically terminate and be of no further force or effect on and after the hour and day listed
above as the termination time.
3. Termination Event. Notwithstanding anything in this Agreement to the contrary,
upon the occurrence of any of the following events (each individually a "Termination Event"),
the License and all of the rights and privileges granted to Event Organizer hereunder shall, at the
Authority's sole option, cease to exist and this Agreement shall automatically terminate:
(a) Event Organizer fails to pay, when due and payable, the Special Event
Fee, if applicable, or any other sums to be paid by Event Organizer hereunder, time being of the
essence under this Agreement;
(b) Event Organizer fails to strictly comply with, fulfill, perform, keep, or
observe any of its other obligations, covenants, or conditions under this Agreement;
(c) Event Organizer makes any misrepresentation under this Agreement or
any other instrument or document delivered pursuant hereto;
(d) A general assignment by Event Organizer for the benefit of creditors;
(e) Any voluntary or involuntary petition, or similar pleading, under any
bankruptcy act shall be filed by or against Event Organizer or any voluntary or involuntary
proceeding in any court shall be instituted to declare Event Organizer insolvent or unable to pay
its debts. In the event that under applicable law the trustee in bankruptcy or Event Organizer has
the right to affirm this Agreement and continue to perform the obligations of Event Organizer
hereunder, such trustee or Event Organizer shall, in such time period as may be permitted by the
bankruptcy court having jurisdiction, cure all defaults of Event Organizer hereunder out-standing
as of the date of the affirmance of this Agreement and provide to the Authority such adequate
assurances as may be necessary to ensure the Authority of the continued performance of Event
Organizer's obligations under this Agreement. Further, the Authority shall receive all the
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protections available to creditors under the United States Bankruptcy Code including, but not
limited to, Section 365 thereof, as amended from time to time.
No right, power, or remedy conferred upon or reserved to the Authority by this
Agreement is intended to be exclusive of any other right, power, or remedy, but each and every
such right,power, and remedy shall be cumulative and concurrent and shall be in addition to any
other right, power, and remedy given hereunder or now or hereafter existing at law or in equity
or by statute.
4. Duties of Event Organizer. Event Organizer shall perform and provide the
Special Event to the satisfaction of the Authority in a good and workmanlike manner in
accordance with generally accepted standards of practice in the State of Florida, all applicable
laws, regulations, and governmental requirements, and the terms and conditions of this
Agreement. In addition, Event Organizer shall:
(a) Designate one or more individuals to act on behalf of Event Organizer
with whom the Authority may confer with respect to the Special Event and Event Organizer's
obligations under this Agreement;
(b) Be responsible, at its sole expense, for promptly cleaning and restoring the
Special Event Area to its original condition within_2_hours of the close of the Special Event.
(c) Deposit -None ($0.00) towards clean-up prior to any site work and/or set
up on the Special Event Area. The return of any or all of the clean-up deposit will be determined
by the Authority Facilities Director upon inspection of the Special Event Area at the Termination
Time or at the time of a Termination Event.
(d) Secure and maintain in force, at its sole expense, the following insurance
coverages for its activities at the Airport during the date( s) of the Special Event, including set up
and clean up periods prior to and after the event:
(1) Comprehensive general liability insurance, including, without
limitation, coverage against claims for bodily injury, death, liability, and property damage by
reason of, caused by, or resulting from the Special Event caused by, or any other acts or
omissions of, Special Event participants, any Special Event's personnel, employees, agents,
suppliers, contractors, licensees, invitees or trespassers, and anyone claiming by or through the
Event Organizer, and insure Event Organizer's indemnification obligations to the Authority
under Section 8, with a combined single Iimit of not less than One Million And 00/100 Dollars
($1,000,000.00) for non-commercial events, Two Million And 00/100 Dollars ($2,000,000.00)
for commercial events and Five Million And 00/100 Dollars ($5,000,000.00) for fair/carnival
events as a result of anyone occurrence. Event Organizer's comprehensive general liability
insurance shall also include premises and operation,products and contractual liability.
(2) Worker's compensation insurance covering all employees meeting
statutory limits in compliance with the applicable state and federal laws. The coverage must
include employees' liability with the minimum limit of One Hundred Thousand And 00/100
Dollars ($100,000.00) for each accident. If exempt,the Event Organizer shall obtain and submit
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to the Authority a "Certificate of Exemption from Florida Workers' Compensation Law" in lieu
of such worker's compensation insurance coverage.
(3) Automobile liability insurance for all automobiles owned, used or
hired by Event Organizer, any of the Event Organizer's agents, employees, contractors,
licensees, invitees or trespassers, and anyone claiming by or through the Event Organizer with a
combined single limit of not less than One Million And 00/100 Dollars ($1,000,000.00) as the
result of anyone occurrence.
(4) All of the insurance required under this Section" 4( d)" shall be
obtained by Event Organizer prior to the commencement of the Special Event or any other
related activities and shall thereafter, until the termination of this Agreement, be continually
maintained by Event Organizer at its sole cost and expense. The Authority shall be included as
an additional insured on all of Event Organizer's policies of general liability insurance. All
insurance coverage of Event Organizer shall be in addition to, and shall in no way be construed
or interpreted to be a limitation of, Event Organizer's indemnification obligations to the
Authority under Section 8. It is expressly agreed that Event Organizer's policies of insurance
required under this Section "4(d)" shall be primary over any insurance which the Authority may
maintain or carry, and that the Event Organizer shall obtain from its insurers an endorsement
waiving any other insurance clauses which may be in conflict with this provision, and evidence
of such waiver shall be indicated on all insurance policies or certificates of insurance furnished
to the Authority. Event Organizer shall be responsible and liable for insuring that all of Event
Organizer's personnel, employees, agents, suppliers, contractors, licensees or invitees who
participate or work during the event and comply with the same insurance coverages and
requirements required of the Event Organizer under this Section "4(d)." Upon the request of the
Authority, Event Organizer shall deliver to the Authority copies of all insurance policies of
Event Organizer and Event Organizer's personnel, employees, agents, suppliers, subcontractors,
licensees and invitees(and certificates of insurance for the same).
(e) Obtain and provide a City of Naples Permit if necessary. A copy of the
Permit shall be supplied to the Authority at least ten (10) days prior to the start of the Special
Event.
(f) Submit a written detailed plan and schedule pertaining to the utilization of
the Special Event Area to the Authority addressing the following items:
(1) Main contact and local contact information- name, address, e-mail,
phone and fax,
(2) Safety and security plans,
(3) Traffic and parking assistance plan,
(4) Contact information for Special Event participants- name, address,
e-mail,phone and fax,
(5) Detailed site plan describing how the designated Special Event
Area will be used,and
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(6) Schedule of dates and times for set up, Special Event, and clean
up.
(g) Directly handle and be solely responsible for resolving all complaints and
disputes from or with licensees, invitees or trespassers of Event Organizer or otherwise relating
to Event Organizer's business and activities;
(h) Not engage in nor permit (i) any unlawful activity, (ii) any activity that
would unreasonably cause an increase in the rate of insurance paid by the Authority and (iii) any
activity that would disturb any tenants of the Authority, holders of any property rights at the
Airport or adjacent land owners; and
(i) Not engage in any excavation of the property (including the installation of
temporary directional signage)without the written approval of the Authority.
0) At all times conduct itself in a reasonable and cooperative manner in the
discharge of its obligations under this Agreement.
Event Organizer shall be responsible and liable for insuring strict compliance by Event
Organizer's personnel, employees, agents, suppliers, subcontractors, licensees, invitees and
trespassers with each and every term and condition of this Agreement. If Event Organizer shall
fail to perform any of its obligations under this Agreement, the Authority may, in its sole
discretion, terminate this Agreement or any other rights hereunder. Nothing contained herein
shall be construed as requiring the Authority to expend monies or perform any obligations of
Event Organizer hereunder.
Event Organizer shall be solely responsible for any damage to telephone, fiber optic
cable, electric or water line on either the Airport or adjacent grounds.
Event Organizer covenants and agrees with the Authority that should Event Organizer at
any time become aware of any act, occurrence, or omission on the part of the Authority, its
commissioners, officers, employees, agents, insurers, attorneys, representatives, successors, and
assigns, which Event Organizer believes or has reason to suspect would give rise to a claim by
Event Organizer for bad faith, negligence, fraud or any other form of liability against the
Authority. Event Organizer will advise the Authority in writing of such claim or potential claim
within a reasonable period of time not to exceed thirty (30) days of discovery, or Event
Organizer shall be deemed to have waived the claim and be forever barred from asserting that
claim or a related claim against the Authority. The purpose of this provision is to promptly
advise the Authority of any potential claim and to allow the Authority to immediately
investigate, and if necessary, remedy the alleged claim. Event Organizer agrees that its failure to
notify the Authority within a reasonable period of time not to exceed thirty (30) days shall be a
complete bar to the pursuit of the claim against the Authority and the Authority's past and
present commissioners, officers, employees, agents, insurers, attorneys, representatives,
successors, and assigns, in both their individual and representative capacities.
5. Taxes. If at any time the License or any other rights granted herein become
subject to any federal, state or local taxes, including any property, sales, excise or other taxes,
Event Organizer agrees to assume the payment of all such taxes and, if required by law or
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requested by the Authority, to include such taxes with the payment of the Special Event Fee
required hereunder. Event Organizer further agrees to promptly pay all lawful general taxes,
special assessments, excises, license fees and permit fees applicable to the Special Event and
Event Organizer's operations and activities at the Airport.
6. Licenses. Event Organizer represents and warrants to the Authority that it has the
expertise or experience in providing the Special Event in accordance with the terms and
conditions of this Agreement. Event Organizer agrees to obtain and maintain throughout the
entire term of this Agreement all such licenses and permits as are required to transact business in
the State of Florida, Collier County, Florida, and the City of Naples, Florida, including but not
limited to, all licenses and permits required by the respective state boards and other
governmental agencies responsible for regulating and licensing the Special Event to be provided
by Event Organizer. The personnel, employees, agents, suppliers, subcontractors, licensees or
invitees assigned by Event Organizer to perform the Special Event shall be qualified to perform
the assigned duties and shall be individually licensed and permitted to perform such duties if
required by applicable law. Upon request of the Authority, Event Organizer shall provide the
Authority with copies of all applicable licenses and permits of Event Organizer and Event
Organizer's personnel, employees, agents, suppliers, subcontractors, licensees and invitees
required under this Section 6.
7. Non-Discrimination. Event Organizer shall operate in compliance with all
requirements imposed by Title 49 CFR Sub Title A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation
Effectuation of Title IV of the Civil Rights Act of 1964. Event Organizer shall not discriminate
against any person on the basis of race, color, gender, national origin, age, disability, religion or
marital status, in connection with the performance of the Special Event or any other activities
under this Agreement. Event Organizer shall comply with all applicable sections of Public Law
101-336, commonly known as the Americans with Disabilities Act. Event Organizer shall
furnish its services on a fair, equal and not unjustly discriminatory basis, and Event Organizer
shall charge fair, reasonable and not unjustly discriminatory prices for performing the Special
Event.
8. Indemnification. Subject to the provisions of F.S. 768.28(19), Event Organizer
covenants and agrees to save and keep harmless and indemnify the Authority and the Authority's
past and present commissioners, officers, employees, agents, insurers, attorneys, representatives,
successors, and assigns, in both their individual and representative capacities, of, from and
against any and all Iiabilities, losses, damages, costs, expenses, causes of actions, suits, penalties,
claims, demands, and judgments of every kind and nature, including, without limitation,
attorneys' fees and expenses of defense(through all appeals), arising out of or in connection with
(i) any act or omission of Event Organizer or Organizer's personnel, employees, agents,
suppliers, contractors, licensees, invitees or trespassers, (ii) the performance of the event under
this Agreement, and (iii) the failure to fulfill any obligations of Event Organizer under this
Agreement. The indemnification obligations under this Section 8 shall survive completion of the
Special Event performed by Event Organizer and termination of this Agreement for any reason.
This Section 8 shall also pertain to any claims brought against the Authority by any of Event
Organizer's personnel, employees, agents, suppliers, contractors, licensees, invitees or
trespassers and anyone claiming by or through Event Organizer. Event Organizer's obligations
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under this Section 8 shall not be limited in any way by Event Organizers limit of, or lack of,
sufficient insurance protection.
9. Rules and Regulations. Event Organizer shall comply with each of the following:
(a) Any and all (i) City Of Naples Airport Authority Rules and Regulations
for the Airport, as amended, (ii) regulatory or compliance regulations and (iii) all other
procedures or rules on file in the offices of the Executive Director of the Authority or as
hereafter promulgated, established, or amended from time to time by the Authority in its sole
discretion (collectively the "Airport Rules And Regulations"). The Airport Rules and
Regulations are incorporated by reference and made a part of this Agreement. Upon request,
Event Organizer shall have the right to review any of the Airport Rules and Regulations during
regular business hours at the offices of the Executive Director of the Authority; and
(b) Any and all applicable laws, statutes, ordinances, codes, rules, regulations,
orders,and governmental requirements.
10. Other Provisions and Obligations. The parties further agree to comply with all
provisions and other obligations described or specified in Exhibit A attached hereto and made a
part of this Agreement.
11. No Waiver. The failure of the Authority to enforce at any time or for any period
of time anyone or more of the provisions of this Agreement shall not be construed to be and shall
not be a waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision. The waiver by the Authority of a breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of the
same or any other provision hereof.
12. Severability. The invalidity of anyone or more of the provisions contained in this
Agreement shall not affect the enforceability of any or all of the remaining provisions hereof, all
of which are inserted conditionally on their being valid in law, and, in the event that anyone or
more of the provisions contained in this Agreement shall be declared invalid, this Agreement
shall be construed as if such invalid provisions had not been inserted.
13. No Assignment. Event Organizer shall not voluntarily, involuntarily, or by
operation of law assign, transfer, or otherwise encumber this Agreement or any rights or
privileges of Event Organizer hereunder, in whole or in part, without first obtaining in each and
every instance the prior written consent of the Authority, which consent may be granted or
withheld in the Authority's sole discretion for any reason whatsoever. Any assignment, transfer,
or encumbrance contrary to the foregoing shall be a material default under this Agreement and
shall be null and void at the Authority's election.
14. Binding Effect. Subject to the restrictions on assignment by Event Organizer
under Section 13, this Agreement shall bind and inure to the benefit of the respective heirs,
personal representatives, successors and permitted assigns of the parties hereto.
15. Independent Contractor. Neither Event Organizer nor Event Organizer's
personnel, employees, agents, suppliers, subcontractors, licensees or invitees shall be deemed to
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be a servant, employee, partner, or joint venturer of the Authority. Event Organizer shall
perform the Special Event and its obligations under this Agreement as an independent contractor.
Neither Event Organizer nor Event Organizer's personnel, employees, agents, suppliers,
subcontractors, licensees or invitees shall hold themselves out as having the power or authority
to bind or create liability for the Authority. Event Organizer shall not be treated as an employee
for FICA, FUTA, federal, state or local income tax withholding purposes, and Event Organizer
shall be responsible for its own (and its personnel, employees, agents, suppliers, subcontractors,
licensees and invitees) appropriate employment, social security and other tax payments, as well
as any statutorily required insurance coverages.
16. Notices. All notices and communications under this Agreement shall be in
writing and shall be given by personal delivery, facsimile (with receipt confirmed) or by
registered or certified first class United States mail, return receipt requested, to the respective
parties as follows:
If to the Authority: City of Naples Airport Authority
Attention: Executive Director
160 Aviation Drive North
Naples,Florida 34104
Phone: (239)643-0733
Facsimile: (239) 643-4084
With Copy to the Authority Attorney:
F. Joseph McMackin III,Esq.
Bond, Schoeneck& King, P.A.
4001 Tamiami Trail North, Suite 250
Naples, Florida 34103
Phone: (239)659-3800
Facsimile: (239) 659-3812
If to Event Organizer: Collier County,Florida
Attention: Joy Dokey
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112-4901
Phone: (239)252-8413
Facsimile: (239)252-6586
Notice shall be deemed given upon personal delivery or upon receipt. Either party may
change its mailing address, phone number and fax number by giving written notice to the other
party in accordance with the requirements of this Section 16.
17. Attorneys' Fees. In the event of any controversy, claim, dispute or Iitigation
relating to this Agreement or the breach hereof, the prevailing party shall be entitled to recover
from the losing party the prevailing party's costs and expenses, including, without limitation,
reasonable attorneys' fees.
8 232948.2 10/12/2006
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18. Governing Law and Venue. This Agreement shall be interpreted under, and its
performance governed by,the laws of the State of Florida (excluding any conflict of law rule or
principle that would refer to the laws of another jurisdiction). Each party hereto irrevocably
submits to the jurisdiction of the Circuit Court of the State of Florida, Collier County, in any
action or proceeding arising out of or relating to this Agreement, and each party hereby
irrevocably agrees that all claims in respect of any such action or proceeding must be brought
and/or defended in such court; provided, however, that matters which are under the exclusive
jurisdiction of the Federal courts shall be brought in the Federal District Court for the Middle
District of Florida. Each party hereto consents to service of process by any means authorized by
the applicable law of the forum in any action brought under or arising out of this Agreement, and
each party irrevocably waives, to the fullest extent each may effectively do so, the defense of an
inconvenient forum to the maintenance of such action or proceeding in any such court. THE
EVENT ORGANIZER AND THE AUTHORITY HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT IT MAY LEGALLY AND
EFFECTIVELY DO SO, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING
ARISING UNDER THIS AGREEMENT.
19. Section Headings. None of the Section headings of this Agreement shall be
construed as a limitation upon the provisions hereof, said Section headings having been inserted
as a guide and partial index and not as a complete index of the contents of any Section or other
provision of this Agreement. Whenever the singular or plural number, masculine or feminine or
neuter gender is used in this Agreement, it shall equally include the other.
20. Counterparts. This Agreement may be executed in any number of counterparts,
each such counterpart being deemed to be an original instrument, and all such counterparts shall
together constitute the same agreement. Delivery of an executed signature page by facsimile
transmission shall be as effective as delivery of a manually signed counterpart.
21. No Modification. No modification or change to this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be
bound by it.
22. Encumbrances. The License and Event Organizer's rights and privileges under
this Agreement are subject and subordinate to any and all rights, liens, licenses, tenancies,
mortgages, uses and other encumbrances which may now or hereafter bind the Authority or
encumber the Special Event Area, Special Event Access Route, and the Airport, and to all
renewals, modifications, and extensions thereof. Event Organizer shall, upon request of the
Authority, execute any subordination documents which the Authority may deem necessary, but
no such document shall be required to effectuate this subordination.
23. Condition of Special Event Area and Special Event Access Route Not Warranted.
The Authority does not warrant or represent that the Special Event Area and Special Event
Access Route is safe, healthy or suitable for the purposes for which they are permitted to be used
under this Agreement.
24. Further Assurances. From and after the execution and delivery of this Agreement,
Event Organizer shall cooperate with the Authority in taking such actions, executing such
9 232948.2 10/12/2006
t;A
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instruments and granting such rights as may be reasonably necessary or requested by the
Authority to effectuate the purposes of this Agreement and to perfect the rights and privileges
granted and the obligations assumed hereunder.
25. No Third Party Beneficiary Intended. This Agreement is made solely for the
benefit of Event Organizer and the Authority, and their respective successors and permitted
assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement.
26. Entire Agreement. This Agreement (including Exhibit A) represents the entire
agreement between Event Organizer and the Authority and supersedes all prior agreements, oral
or written, and all other communications relating to the subject matter hereof. Each party has had
the opportunity to review with counsel the form of this Agreement (including Exhibit A) and to
negotiate same. Therefore, any ambiguity in this Agreement (including Exhibit A) shall not be
construed against either party by virtue of having drafted this Agreement(including Exhibit A).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
THE AUTHORITY:
CITY OF NAPLES AIRPORT AUTHORITY,
a political subdivision of the State of Florida
By:
Print Name: Theodore D. Soliday
Print Title:Executive Director
Approved as to form and legal sufficiency by:
F.Joseph McMackin III, Esq.
Counsel to the Authority
EVENT ORGANIZER:
COLLIER COUNTY, FLORIDA,
a political subdivision of the State of Florida
By:
Print Name:
Print Title:
Approved as to form and legality:
Emily R. Pepin
Assistant County Attorney
I 0 232948.2 10/12/2006
C AC)
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Exhibit A
Description of Special Event: Surplus Equipment Auction.
Description of Special Event Area: Grass field between Terminal Drive and Tower Drive in the
South Quadrant of the Naples Municipal Airport.
Description of Special Event Access Route: Airport Road to North Road,west approximately
6/10th of a mile to Tower Drive. Turn right onto Tower Drive. Entrance to the event field is on
right after traveling approximately 100 yards. Event traffic will enter via Tower Drive and exit
via Terminal Drive.
Set-up Time: 12:00 pm. Date: March 28, 2014.
Event Time: 7:00 am. Date: March 29, 2014.
Termination Time: 2:00 pm. Date: March 29, 2014.
Clean-up Time: 2:00 pm to 4 pm. Date: March 29, 2014.
Special Event Fee: None.
Other Provisions and Obligations: None.
p
11 232946.2 10/12/2006
Q
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From: )TMw■ll fnnnrr,
To: T100ettsRhonda
subject: RE:County Owned Radars
Dote: Monday,January 13,2014 11:15:23 AM
Ms.Tibbetts,
'Thank you ler,.0 response.-.he following are the serial numbers for the 20 radars that we nuve listed s belnp.awned by Collier Count).They are each'Stalker Dual Radars".
1)162;
DC1e24
DC1F,25
DC1234
DC7991
DC2059
DC2060
DC2065
DC2066
DC-206&
DC2070
rQc71
DC207;
DC2074
D420R
DC207i5
D':207S
DC2079
DC:2080
linfo;'tun.ately,the contract paperwork we have does not have the County Asset numbers listed. If you need further Information pied e reel tree to contact me.Thank Voul
Captain Conner B.Cardwell
9-01-015-0.155
From:TibbettsRhonda[mailto:RhondaTibbetts @colliergov.net]
Sent:Monday,January 13,2014 11:04 AM
To:Cardwell,Conner
Cc:PayneTracey
Subject:FW:County Owned Radars
Good morning,
Michael Sheffield has forwarded your email request to the Purchasing Department as we are the ones who handle the assets
for the County.
The County is willing to donate the radars to the FHP. We will be going to the Board on February 11 th to obtain authorization
for the donation. In the meantime,would you provide the following information by Wednesday January 15th in order to
make our Board deadline:
• Number of Radars
• Serial numbers for each radar
• County asset tag numbers(if applicable)
Should you have any questions feel free to contact me.
Regards,
RkO C L Ti,L?I?ef{y
Operations Manager
Collier County Purchasing Department
5327 i alniami Trl E
navies Fl 34112
232/252-9943
Far.22F17252-2551
44,if a"'tea.6#,eaauas, dea'feu eitad''tn'om all t/re,Oaet ow itgoa cart.
From:Markiewiczloanne .... _. _.. _.. _._.. _.. _..
Sent:Friday,January 10,2014 4:01 PM
To:TibbettsRhonda;PayneTracey
Cc:Dokeyloy;SheffieldMichael
Subject:FW:County Owned Radars
Rhonda and Tracey'
Please follow-up on this one for me...it appears that we nave everyone's concurrence to donate these County owned radars(and our own Sherriff s Office does not want
them). Please check:
• How many?
• Depreciation value?
• Asset tags?
And,if everything checks out...give me the details. I will add this to our February 11th executive summary(along with its back-u0 and have the Board approve the donation.
Remember,Len's deadline is 1/17...and I'll need to have everything in place by then.
Packet Page-605-
2/11/2014 16.E.1 .
Thank you,
Joanne
From:SheffieldMichael _. _ _.... _... .... ,
Sent:Friday,January 10,2014 3:13 PM
To:Markiewiczioanne
Subject:FW:County Owned Radars
Joanne-need to discuss these old radar units when you get a minute.
Thanks-Mike
8569
Original Message
From:CampSkip
Sent:Thursday,January 09,2014 11:37 AM
To:SheffieldMichael
Subject: FW:County Owned Radars
From Chief Bloom
Original Message
From:Jim Bloom-0802[u. •• 'u •••,• • •- - I • •]
Sent:Thursday,January 09,2014 11:29 AM
To:CampSkip
Subject:Re:County Owned Radars
Thanks for checking big feel free to donate them if they can utilize them
Sent from my iPhone
On Jan 7,2014,at 2:20 PM,"CampSkip"< • ..a... • - •• •- <u • ■• •••• • .• •• »wrote:
Jim,before the County donates them to FHP,does your organization have any use for them?After that many years do you think they have any value?
Let me know. Regards,Skip
From: KlatzkowJeff
Sent:Tuesday,January 07,2014 2:13 PM
To:SheffieldMichael
Subject: RE:County Owned Radars
As discussed,I would ascertain if the Sheriff has any use for these.If not,a quick ES to the Board donating the equipment should suffice.
Jeffrey A.Klatzkow
County Attorney
(239)252-2614
From:Cardwell,Conner[m ailto:ConnerCardwellctflhsmv.gov]
Sent:Tuesday,January 07,2014 1:47 PM
To:SheffieldMichael
Subject:County Owned Radars
Mr.Sheffield,
I am the District Commander for the Fort Myers office of the Florida Highway Patrol. In 1995,the Collier County Board of Commissioners
and the Florida Highway Patrol entered into a contract(see attached). The contract allowed the County to purchase radar units and loan them to the
Florida Highway Patrol for use in Collier County,Florida. Recently,it was discovered that some of these radars are still in use by the Patrol today.
While we are appreciative of the County loaning us equipment to conduct our job responsibilities,we are trying to get away from using equipment on
loan by other entities. I am trying to determine if the County would like the radars returned when we are able to do so or If the County has no need
for them and would like to donate them to the Patrol. Thank you for your assistance as I try to determine which route we need to take with the radars.
Sincerely,
Captain Conner B.Cardwell
District Commander
Florida Highway Patrol
10041 Daniels Parkway
Fort Myers,Florida 33913
Office: 239.344.1731
Fax: 239.344.1760
ConnerCardwelllaEflhsmv.gov<mailto:ConnerCardwell(S flhsmv.gov>
www.flhsmv.gov/fho
The Department of Highway Safety and Motor Vehicles is committed to Service,Integrity,Courtesy,Professionalism,Innovation and Excellence in all we
do.Please let us know how we are doing via our online customer service survey at httns://www•r•cearch net-/s/MI R9R(;C.
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.
<SBradentonC14010713140.pdf>
Packet Page-606-
2/11/2014 16.E.1 .
`07/26/95
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
CONTRACT BRIEF
Contract Number F1141
Type Service Radar Units
Service Location Troop F - Collier County
I . Contracting Parties :
Budget Entity: Division of Florida Highway Patrol
Source of Funds: FUND ORGANIZATION
CATEGORY OBJECT CODE
Contract Manager & Phone #: Lt. James D. Wells, Jr. - ( 813) 721-7385
Name & Address of Contractor: Collier Board of County Commissioners,
Naples, Florida
•
Name & Phone # of Contact:
II . Contract Period: April 4 , 1995 - until terminated by both parties
III . Amount of Contract: No Cost
IV. Method of Payments : Monthly: Annually: Other:
First Payment Due:
Last Payment Due:
cc: Lt. James D. Wells, Jr.
Packet Page-607-
2/11/2014 16.E.1.
DIVISION OF ADMINISTRATIVE SERVICES
July 26, 1995
TO: Lt. James PPD. Wells, Jr.
FROM: Nelda kIrusiness Manager III
SUBJECT: Radar Units - FHP Troop F, Collier County - Collier
Board of County Commissioners - Contract #F1141
Enclosed please find a copy of the above subject Contract and
Contract Brief .
As Contract Manager, it will be your responsibility to
enforce performance of the contract terms and conditions , serve
as liaison with the contractor.
If contractor fails to perform to contract terms and
conditions, you are to file a written report with the
Department's Chief, Bureau of General Services, through your
appropriate chain of command, detailing the nature of the failure
to perform.
The Chief, Bureau of General Services shall notify the
contractor in writing, stating the nature of the failure to
perform and providing reasonable time for correcting the failure.
If the contractor fails to correct its failure to perform within
the time provided, the contractor shall be found in default and
the Chief, Bureau of General Services shall issue a second notice
notifying the contractor that he is in default. Once a
contractor is found in default, he will be removed from the
Department's approved vendor list.
If you have any questions , please advise (904 ) 488-4656 , (SU
- 278-4656) .
NP/bam
Enclosures
Packet Page-608-
NAPLES/FHP-STATION TEL :813-455-4204 Jul 24 ,95 12:2! 2/11/2014 16.E.1 .
AN AGREEMENT B TWE$bi COLLIER CVUMTY BOARD OP COMMISSIONERS
AND FLocumsmsswax MEWL FCR UM* AND LA$6A
This agreement is made by and between the Collier County Board of
Commissioners (CCBC) and the Florida Highway Patrol (FRP), a division or the
Florida Department of Highway Safety and Motor Vehicles (DHSMV), pursuant to
Section 163.01, Florida Statutes, authorizing agreements,
In consideration of mutual promises contained in this interlocal
agreement' the CCBC and the Florida Highway Patrol accept the following terms
and conditions:
1. Radar
For the purpose of this agreement, radar shall mean law
enforcement speed radar, any microwave-based speed-measurement unit that meets
the minimum design criteria established by the Department of Highway Safety and
Motor Vehicles (DHSMV) and is employed for use in the State of Florida by a law
enforcement agency to detect the speed of motorists. As contemplated by this
agreement, radar unite shall include any hardware necessary for the operation
and maintenance of such equipment, including tuning forks. The radar equipment
governed by this agreement was purchased by the CCBC for operation by the
Florida Highway Patrol within Collier County.
2. Laser
For the purposes of this agreement, Laset shall mean law
enforcement speed measurement laser that meets the minimum design criteria
established by the Department of Highway Safety and Motor Vehicles (DHSMV) and
is employed for use in the State of Florida by a law enforcement agency to
detect the speed of motorists. As contemplated by this agreement, the Laser
shall include any hardware necessary for the,operation and maintenance of such
equipment. The Laser equipment governed by this agreement was purchased by the
CCBC for operation by the Florida Highway Patrol within Collier County.
3. Maintenance of Equipment
Collier County Board of Commissioners shall be the lawful owner
of the Equipment. The Florida Highway Patrol shall be the custodian and shall
be responsible for the maintenance and repair of such equipment. The Florida
Highway Patrol shall be responsible for the installation and operation of such
equipment as required by the laws of Florida and the rules, policies, and
procedures of DHSMV.
4. Operation of Radar
Florida Highway Patrol shall operate such Radar in a lawful
manner to detect the speed of motorists. to reduce the incidents of excessive
speed, and to promote the health, safety, and welfare of persons who travel the
highways and roadways of Collier County. If Florida Highway Patrol officers
operating such Radar are reassigned to any County, the Radar equipment shall
remain in Collier County. The Florida Highway Patrol, however, may operate the
equipment in any County of this state upon limited temporary assignment or
special detail, pursuant to the Laws of Florida and the Applicable rules,
polities, and procedures of DHSMV,
•
Packet Page-609-
NAPLES/FHP-STATION TEL :813-455-4204 Jul 24.95 12:; 2/11/2014 16.E.1 .
. ir.0 1,"....o. + 14 v e ri.1.. . it-4.0604.v w4a-bctvm•
I
J t! 1 V 4 W J .1.1) Jh iIU.WUV t •VJ.• r , I.
•
S. 4peratisrt el Liseer
'lortds Highway Patrol *hail epeeists await Laser in e i Sr mein
wiper t6 detect the *peed of aat00'i.ete, to mice* the incidents at i enaa*a}.v*
'peed, *od to promote the Wrillth► *ststy, Md wafers of **rem wha trowel the
highways and roadveys of Collier Hoau;y. Tr forida Highway Patrol;offiosr*
operating even Lamar are reassigned to and' *mart the Laser equipment shc4
simian sit cau,ier Opuncy,r The rlareda Ytig tvsy ygcrDL., fowov*r, gay,ogsca to the
*Octal nt St any county ax th3.t Stet* upon liea$.t a ;nporaty aes:Sgimont or
detail, purouent to the I.aM* of Florid* sod the ipN.toible genie,
pa2tteiaa, cad proeoduree of D t(V,
•
notated into thin ..efl_ da',ai • 191+5.
Per liar County: Ter th r du hti ey Siatrali
ter* ,• emit a r n . ,
Collier C ntyflioet4 of Coh+a�Wt93L osrs 0' ig sy?*tr61
:,...,At...-iii..i. .,::'g..!. Aq',f'd ,, • 4 i _ ,
•is ..l ••'y. .•;....,v;:„.*-..l f.1'C.r.�:` � .w 'R ! •Rhein .�.•: .; ;� Chi of ('marsh Service•
., -, . �� . Y a Department of Highway Sapsty•c ,• . .; 't;,..,:` and honor Vehicles
watmariarsamW
ApProvwd as to ton} Oral iiti
and Loga1 aufh:itiet}c
runt tointy torney
Packet Page-610-
NAPLES/FHP-STATION TEL :813-455-4204 Jul 24 .95 12:26 2/11/2014 16.E.1.
VArALLEN ASSOCIATES -----
Me rtlt Towers-&Ais 501
200 8.Sykes Creilric pkwy,
M,nItl Wand,ft. 32982
(407)4.55-68445
FA 1!55668?
T0; Lt. JIM wells
FRP-Troop Fr Collier Co.
Fax: 813-455-4204
k I
I # �
prom: Linde D. VanAl.len i
for =A LM Radar by
Applied CQncepte, Inc.
Date: 5/17/95
Revised Saes Quote
BTAUER Radar
STALKER Dual SL - Pkg 4-064-103201* at 2595. X 22. $54,495.
*includes:
Dual. sz. Display/Counting unit with options
Option: RS-232 port .
Option: Faatsst & SameLane features
Dual SL Cordless remote control .
Ka Band Antennae (2)
4 ft antenna cable
16 ft antenna cable
power cable with serial port
Remote cabling kit, if desired
(10 ft interconnect cable to allow
separation of display/counting unit)
Display hood kit
Dual SL tuning forks
Choice of mounts
**3 Year WarraZtY**
The S2ALRER has a 3 Year warranty, autoratiOelly. sow, if your
IACP membership number is added to the P0, Applied concepts, as a
Partner of IACP Preferred, will extend Your warranty for anabor�
additional 6 mon-bile, becoming a t eiLatj'� 5 .� g L *
Lanes D. eettazA as the manufacturer's
sales represenaivefor the StateofFlorida. All purchase
orders should be issued to:
Applied Cancepte, Inc. - Federal Y.D. *75-1544925
730 F Avenue, Suite 240 (new address)
Plano, TX 75074
fax PO to Linda vanAllen at d copy
Inc. (canforsati )
to Linda
. TOTAL P.01
I 1
Packet Page-611-
2/11/2014 16.E.1.
Patricia L. Morgan
From: Tibbetts, Rhonda
Sent: Monday,January 13, 2014 5:04 PM
To: Patricia L. Morgan
Subject: Records Request
Good afternoon,
We need to obtain copies of two executive summaries.
Item 10B 03/28/95
Item 10D 04/04/95
Would you be able to email these to me?
Regards,
RkervLota, L Ti of f'
Operations Manager
Collier County Purchasing Department
3327 Tamiami Trl E
Naples FL 34112
239/252-8940
Fax:239/252-6591
Mfrs AP.a peat 6 etarov8 ad pa 8daa&t 'am% sir irfoit oat
Under Florida Law,e-mail addresses are public records.It you do not ,,nt 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 n writing.
1
Packet Page-612-
2/11/2014 16.E.1 .
REGULAR MEETING OF MARCH 28, 1995,
OF THE BOARD OF COUNTY COMMISSIONERS
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:05 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRPERSON: Bettye J. Matthews
Timothy J. Constantine
John C. Norris
Timothy L. Hancock
Pamela S. Mac'Kie
ALSO PRESENT: W. Neil Dorrill, County Manager
Kenneth B. Cuyler, County Attorney
Packet Page-613-
2/11/2014 16.E.1.
it is right now, but continue that for one week? I think I may want
to talk about that on the agenda next week as well.
CHAIRPERSON MATTHEWS: Do we want to reconsider and then
table it?
MR. CUYLER: Why don't you just table it and move it a
week?
CHAIRPERSON MATTHEWS: It's already been approved. We'd
have to reconsider and then table it.
MR. CUYLER: I may want that approval to stay in place,
but would you just continue the item and authorize me to put it on the
agenda?
CHAIRPERSON MATTHEWS: I don't see how we can do that.
I think we have to reconsider and then table.
COMMISSIONER CONSTANTINE: How about if we leave it
approved, and if you need to place it on the agenda next week under
County Attorney, we can reconsider at that time.
MR. CUYLER: Okay. Let's do that. Thank you.
Item #10B
REQUEST FROM LT. WELLS OF THE FLORIDA HIGHWAY PATROL RE THE PURCHASE OF
RADAR DEVICES BY COLLIER COUNTY - CONTINUED TO 4/4/95
CHAIRPERSON MATTHEWS: Next item on the agenda is under
Board of County Commission 10-B,' a request from Lieutenant Wells for
the highway patrol regarding radar devices. I think we've all had
conversations with Lieutenant Wells over the last couple of months. I
don't know that we need to hear a whole lot more unless somebody wants
to have another introduction or if they have questions.
COMMISSIONER CONSTANTINE: Just to clarify, the money's
coming from --
COMMISSIONER NORRIS: Fines.
CHAIRPERSON MATTHEWS: I think it's fines.
COMMISSIONER CONSTANTINE: I thought it was actually
coming from the clerk. That's why I wanted to -- he had some excess
funds he had -- the example in here where it talks about fiscal
impact, I think, shows that fines will end up repaying it over the
long run, but I don't think that's the source from --
MR. DORRILL: Fines and forfeitures are currently a
revenue we generate to the general fund, so it would be general fund
money. If he's suggesting that it would come from fines within the
clerk's agency, we would have to do an analysis and budget amendment
if necessary.
COMMISSIONER HANCOCK: Last approach on this, I was left
with the feeling that we're gonna be nipping away at our sheriff's
budget for local police protection, yet we're gonna be spending
$65,000 on radar for the Florida highway patrol. I know other
counties are doing it. I know it would increase their enforcement and
supposedly ticket revenues would increase. If a Florida highway
patrolman writes a ticket in Collier County, is it not correct that
100% of that money goes to Collier County? I'm having a tough time
telling Don Hunter he can't have that extra officer when we just spent
$65,000 on radars for Florida highway patrol. I guess I'm just
looking for some help on that.
COMMISSIONER CONSTANTINE: I had talked -- maybe we can
continue this for a week. I had just spoken informally two or three
months ago to our sheriff about this. He had no objection, thought it
{
Packet Page-614-
2/11/201416.E.1.
was a good idea, but perhaps we need to have that in some formal way
before, you know, I don't -- if that makes you more comfortable.
COMMISSIONER HANCOCK: I guess if Don were here to say,
yeah, I don't have a problem with this, I would feel better about it.
But I have an allocation problem there. I would like if we can
continue it until we get some input from the sheriff on this.
COMMISSIONER CONSTANTINE: Mr. Chairman, I'll make a
motion -- sorry for interrupting. Mr. Chairman, I'll make a motion we
continue that item for one week.
COMMISSIONER NORRIS: Is there a second?
COMMISSIONER HANCOCK: Second.
COMMISSIONER NORRIS: We have a motion and second to
continue for one week and ask for the sheriff's input on this. All
those in favor signify by saying aye.
Opposed?
That carries 4-0.
Item #10C
RESOLUTION 95-250 RE CONSIDERATION OF CONSULTANT RE THE MARCO BEACH
MANAGEMENT PLAN (CRITICAL WILDLIFE AREA) ADOPTED; LEGAL FEES
AUTHORIZED IN THE AMOUNT OF $7,500.00
COMMISSIONER CONSTANTINE: Is it just me or is this the
least productive week we've had?
COMMISSIONER HANCOCK: This is the second Monday this
week.
CHAIRPERSON MATTHEWS: This is going to be a long day.
Where are we?
COMMISSIONER CONSTANTINE: 10-C, Marco Beach,
Commissioner Norris' item.
CHAIRPERSON MATTHEWS: Commissioner Norris' item.
COMMISSIONER NORRIS: Yes, we -- in relation to our trip
up to Tallahassee next week and apparently the week following, we just
wanted to make sure that we had authorization from the board to
require the services of a Tallahassee attorney firm. And I don't -- I
don't know. Mr. Cuyler, do you have a feel for how much we need to
authorize or an up to, or as needed, or how do you want to do this?
Do you have any feel at .all for the amount that we're talking about?
MR. CUYLER: I would probably say for $7500, and then it
has to come back to the board if it's gonna go beyond that.
COMMISSIONER NORRIS: Okay. So the proposal then would
be to authorize up to $7500 legal fees.
COMMISSIONER CONSTANTINE: Is that a motion?
COMMISSIONER NORRIS: That's a motion.
COMMISSIONER CONSTANTINE: I'll second that.
CHAIRPERSON MATTHEWS: We have a motion and second to
authorize up to $7500 in legal fees in our request for beach
management plan, is that it, and the critical wildlife?
COMMISSIONER NORRIS: Yes.
CHAIRPERSON MATTHEWS: Okay. If there's no further
discussion, I'll call it to question. All those in favor please say
aye.
Motion passes 4-0. Commissioner Mac'Kie is absent.
COMMISSIONER CONSTANTINE: Otherwise engaged.
Packet Page -615-
2/11/2014 16.E.1 .
A. Discussion requesting support for the Florida Shore & Support declined 5/0
Beach Preservation Association regarding Federal beach
funding. (Commissioner Matthews) .
est from Lt. Wells of the Florida Highway Patrol Continued to 4/4/95 4/0
-garding the purchase of radar devices by Collier (Commsr. Matthews out)
County.
Added:
C. Consideration of consultant services regarding the Marco Res. 95-250 authorizing
Beach Management Plan (Critical Wildlife Area) . Legal fees in the amt. of
$7,500. 4/0 (Comer.
Mac'Kie out)
D. Discussion re letter from Immokalee Non-Profit Housing, Emergency ordinance to
Inc. re verbiage of impact fee resolution. allow waivers to be
presented on 4/4/95
E. Discussion re letter from Representative Saunders re Chairman to draft letter
proposed House Bill. in support of House Bill
5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS John Delete re Waste Mgmt.
Landfill Contract; and
concept of Golden Gate
Fire audit
LUNCH RECESS 12:00 - 1:00 P.M.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-94-11, Michael J. Landy of Butler Ord, 95-14 Adopted as
Engineering, Inc. , representing R. L. Schmeckpeper, Inc. , amended 5/0
Darryl J. -Damico, Herman and use Schumacher and Ivan and
Madeleine Varkay, requesting a rezoning of certain
defined property as herein described from RMF-12 to PUD
(Parkway Place PUD) for property located at the southwest
intersection of Golden Gate Parkway (C.R. 886) and 53rd
Street SW, Lots 7-11, Block 230, Golden Gate Unit 7, in
Sec. 28, T49S, R26E, consisting of 1.991 acres.
(Continued from the meeting of 3/14/95) .
(2) Petition R-94-8, Robert Duane of Hole, Montes and Ord. 95-15 Adopted
4
March 28, 1995
Packet Page-616-
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'',.` 2/11/2014 16.E.1 .
f : 6 y0706
mum KANAGER ROUTING
10 DATE
M E M O R' A N D U M ACTION.
INFO:
TO: W. Neil Dorrill, County Manager ST: FILE.
BY:
FROM: Timothy J. Constantine, Commissioner District 3
RE: FHP Executive Summary 5 pk CIA. (3C(,
DATE: March 14, 1995 4144 GrAal
Enclosed please find an Executive Summary from Lt. Wells of the
Florida Highway Patrol regarding the purchase of radar devices by
the County.
Please put this on an Agenda as soon as possible and contact Lt.
Wells with the date.
1
Timothy J. Con amine, Commissioner
TJC:vgr
1
• AGENDA iT 1
t?
MAR 2 8 199
L!!....1.......
Packet Page-617- '�"`�
2/11/2014 16.E.1 .
RECEIVED
County of Collier
CLERK OF THE CIRCUIT COURT MAR - 9 1995
COWER COUNTY COURTHOUSE
4 :r g I301 TAMMAMI TRAIL EAST
f P.O.SO%413ou Board of County Commissioners
„ • NAPLES,FLORIDA 33941.3044
Dwight E.Brock CIRCUIT COURT
e
CLERK COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSIONERS
March 8, 1995
Commissioner Timothy Constantine
Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 33962
Re: FHP Executive Summary
Dear Commissioner Constantine:
Enclosed is an Executive Summary from Lt. Wells of the Florida
Highway Patrol regarding his proposal for purchase of radar
devices by the county.
Amok
It is my understanding from Lt. Wells that he has discussed this
matter with you, and you indicated you would "fast track" the
matter.
Thank you for your assistance to Lt. Wells.
Respectfully yours,
6 •a-
Dwight E. Brock
Clerk of the Circuit Courts
Encl: Executive Summary
cc: Lt. Jim Wells
AGENDA i E
R , /DU
MAR 28. 195
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EXECUTIVE SUMMARY
REPORT TO THE BOARD OF COUNTY COMMISSIONERS REGARDING A REQUEST
FROM THE FLORIDA HIGHWAY PATROL FOR FUNDING TO PURCHASE 21
TRAFFIC RADARS AND ONE LASER SPEED MEASURING DEVICE.
OBJECTIVE:
To formally request funding for the purchase of traffic radars
and laser. Also to provide documentation upon which to base this
decision.
CONSIDERATIONS :
Concerns for the safety of the citizens of Collier County is
voiced from many groups . Few of theses groups have as much day
to day impact on citizen safety as the Florida Highway Patrol.
As I am sure you are aware we are concerned with the safety of
our citizens while they are traveling on roadways within
unincorporated Collier County . During 1993 , 7 persons were
murdered in Collier County. During 1993 , 46 persons died on
Collier Roadways.
The Florida Highway Patrol is dedicated to reducing this number
in the future. We are working hard on innovative programs which
will free up Troopers' patrol time so that they can have time to
engage in "Proactive Patrolling". We have created a new
"Patrolling for Results" program which focuses on problem traffic
areas . We held several "Seat Belt Blitzes" during the year to
focus drivers' and media attention on Safety Belt Violations. We
have introduced the "Slick Top Patrol Car" concept to our fleet
in order to seek out violators. We have participated in special
enforcement blitzes similar to the one held February •4 and S ,
1995 during the Everglades Seafood Fes.ival. During this two day
period over 200 citations were issued in Collier County. We are
• currently working with other local agencies to form a "Community
Traffic Safety Committee" so that we may attract Florida
Department of Transportation dollars to address critical
transportation issues quickly on a local level. We at the Naples
station are also working diligently to try and attract more
Trooper positions to Collier County so that we can make even more
of an impact .
OPERATIONAL IMPACTS :
We currently have 20 uniform positions assigned to the FHP Naples
station. As of 02-14-95 we are short 4 trooper positions. We
have an academy class graduating in May and hope to fill
these vacant positions . Each uniform position, even sup rvis EjDA,(,Z
positions . have a component which is involved in patrolli g tIta. as
roadway. MAR 2 8 19 5
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We currently have 11 Radar units assigned to the Naples
inventory. Of these units 10 are over 10 years old (the 11th is
8 years old) and have met the replacement criteria established by
the Florida Highway Patrol. These radars are also becoming less
servicable as components wear out and require more down time for
repair. The current radars are shared -by some Troopers which
involves often 1 /2 to an hour per shift for the Troopers to meet
and swap this equipment (Troopers do not routinely report to the
station so that they remain on the road the maximum amount of
time).
So the point may be made that we are short of equipment and that
as time passes the situation becomes worse. This obviously
affects the efficiency with which we operate and restricts
greatly the ability of working Troopers to take action upon
observing speeding motorists.
The equipment that we are seeking is modern, up to date equipment
that not only is more reliable but also offers advances in
detection distance , speed of detection, the ability to clock
vehicles traveling in the same direction, and the ability to
select clocking for the fastest vehicle as opposed to just the
strongest signal. This more modern equipment should allow
greater Trooper efficiency and productivity , thereby giving us
the ability to contact more motorists with our traffic safety
message .
We have also requested one traffic laser. This unit is for
specialized p cialized a lice
pp lions and works in areas were Radar or Va car
can't . We envision that this unit would be utilized for special
details involving school zones and other heavily trafficked areas
where the ability to clock one vehicle at a time is crucial.
FISCAL IMPACT:
Currently under State Law the Florida :- ighway Patrol cannot
access any monies generated by fines levied upon citations we
issue. This obviously creates an impartiality envied by many but
also places restraints on the funds we have available. Currently
the majority of the money generated by these fines remains in the
county in which the citation is issued. Looking at the period
from September 1994 through August 1994 the Florida Highway
Patrol issued 2439 speeding tickets in Collier County. Using 15
miles per hour over the limit as the average citation we find
that each citation has the following fine distribution:
$50.46 (general revenue)
$12 .50 (800 mhz radio system)
$ .50 (clerks office )
$10.00 (court costs)
$ 2.00 (local law enforcement training fund) A "Et. A
$ 4 .00 (school crossing guards) t"^••„ p ��
$79 .46 to Collier County. MAR 2 8 1 . 5
PQ._
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•
This is 62% of the $ 128.25 payable fine. This is a total impact
of $193,802.94 per year. This would project out to $ 1 ,938 ,029.40 •
over the projected 10 year life of this equipment. If we were to
project a modest 10 2 increase in the number of speeding
citations issued due to the purchase of this equipment , the
purchase price would be recouped in just over (3) three years.
We can not of course guarantee any projected number of citations
to be issued due to unforeseen circumstances, such as manpower
crisis, natural or manmade disasters , etc. Of course if new
equipment is not located, as the old equipment becomes
unserviceable the number of citations could easily drop .
The total cost of this equipment is $63,209. These funds can be
obtained from General Fund Reserves Account #01919010991000.
GROWTH MANAGEMENT:
No impact at this time.
RECOMMENDATIONS:
I believe that these units would be a benefit to the citizens of
Collier County and that the citizens would incur little if any
financial impact from the purchase of these items. That would
make this a win—win partnership between the Collier County
citizens and the Florida Highway Patrol . •
Prepared by:
0)./ / f Lieu4()r-
ant James D. ells , Jr. Date 1 Flor a Highway Patrol
Exhibits Attached :
1 . List of other participating counties
2. Sample contract /interagency agreement
3. Bids for equipment
RECEIVED
AGEt1DA I R 1 7 1995
MAR 2 8 1i, , d or county Corr. {::leer.
Pg.��
Packet Page-621-
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410
*LIST OF COUNTIES (BY TROOP) WHERE PIP PERSONNEL
UTILIZE RADARS PROVIDED BY THE COUNTY
TROOP A TROOP F
sE'cmnbTa
=Mite
to
Gulf Desoto
• Jackson Glades
Walton Hardee
Washington,. Hendry
Highlands
•
TROOP 8 Lee
ag-�-e-- Manatee
Bradford Sarasota•
Columbia TROOP G .1'
Dixie
EMU—
Gilchrist Putnam
Hamilton St. Johns
Lafayette
Levy TROOP H
Suwannee FFETETTn
Union Gadsen
TROOP C Jefferson
it- Liberty
Hernando Madison
Pinellas Taylor
Wakulla
Sumter
�cul la
•
TROOP D TROOP L
revar -River
Flagler Martin
Lake O$ echobee
Osceola St. Lucie
•
* 47 of 67 counties in Florida (70%) provide radars for Florida Hig hw
Patrol use. 9 �,
This list was compiled by Captain Ken Howes while applying to the Clay County 'Commision
for Radars to be used by the Florida Highway Patrol during January of 1993. Different
counties use various vehicles to fund this purchase from the Clerks office, to the
Board of Commisioners, to the Sheriff's office.
•
AGE l,OA��..
.. !`�" �0 .
MAR Z 8 19 5
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FLORIDA-HIGHWAY-PATROL TEL:813-993-4651 Mar su.94 luau NU.UUL r.vo
AOREEfEHT
7hie agreement is made. by and between the Hendry County
Sherlft'S,Oftice tKCSQ) and the Florida Highway Patrol, a dl.vi�
elan of the Florida Department of Highway Safety and Motor
Vehicles MP), pursuant to Section lS3.01, Florida Statutes,
authorizing interlocal agreements.
In consideration of mutual promise. contained in this
• ' interlocal agreement, the HCSO and the Florida Highway Patrol
accept the following terms and conditional
1. Radar
For the purpose of this agreement, radar shell mean
as enforcement speed radar, any microwave-based speed-measure-
ment unit that meets the minimum deeipn criteria eetablidhed by
the Department of Highway Safety an Motor Vehicles (HEMP) and is
employed for use in the State of Florida by a law enforcement
agency to detest the speed of "motorist*. A. eont•+nr,3,st.d by thta
agreement, radar units shall include any hardware necessary for
the operation and aaintenande of such equipment, including tuning
forks. The radar equipment governed by this agreeeent was
purchased by the HC CO for operation by the Florida Highway Patrol
within Hendry County.
2. Maintenance of Radar Equipment
Hendry County Sheriff's Office *hall be the lawful
owner of the radar and shall be responsible for the 'maintenance
AGENDA IT
,,).-
MAR 2 8 13
Packet Pare-623-•
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ri.UhADM•MACihwr11'/ nonui. I..6010.1V 4:.v •..,vw I.... ... .,, . ., ... ..� ...
j •
and repair of such radar equipaant. The Florida Highway Patrol
shall be the ouetodian of the radar.
'The radar equipment purchased by the Hendry County
Sheriff's •Offioe for operation by the riorida Highway Patrol
within Hendry County is manufactured by Decatur Rleotronios. Xno.
and Is their Model Number OtHEU:IB. Thew radar units comply with
Chapter SSD.2.013 of the Rules and Regulation of the Department ,
of Highway Safety and Motor Vehioles with regard to approved
• speed measuring devices Sor us. in the State of Florida pureu.nt
to this radar rule, and are approved for use in the State of
Florida.
Every Trooper in Hendry County has successfully eoM-
• pieted the Florida Highway Patrol Radar Speed Measurement Course
and is authorised to operate stationary and moving Doppler radar
in compliance with Florida Statute 943.14(10) as enacted by
Chapter 80-276, Laws of Florida, and is both Ouslidied and
Certified to operate these radar units. Ho further training vili
be required.
•
AGES M
MAR 2 8 1 55
Packet Page-624-
•
• 11.uK1411-M icnium l-r n i.,ui.. 2/11/2014 16.E.1 .
Hendry County Sheriff's Ottioe purchased Sour (41
Decatur Electronics, Model RUMS radar units and the Serial
Numbers are as iollevas
Tuning Tuning
Counting Fork Fork County
Unit Antenna 22.2 77.6 PR HO.
1. 000313 6K0 0330 10896 10186
2. 1300337 OX00488 .. 10111 10200 1
3. 300363 0X00626 10036 10137
4. 000371 0K00581 10047 10187
These radar units vill be assigned to Hendry County
Troopera only. The Troopers currently assigned to Hendry County
aret
Trooper Leonard S. Worley Trooper Howard 0. Cole
Trooper Dwayne W. Cooper Trooper Robert. M. Donovan
2. operation of Radar
• Florida Highway Patrol shall operate such radar in
a lavtul monner to detect the aprod of wotorists, to reduce the
incidents of •xoeaaive speed, and to promote the health, metety,
and welfare of persons who travel the highways and roadways of
Hendry County. If Florida Niahvsy Patrol ollioers operating suoh
• radar are reassigned to any other County, the cedar equipment 1
shall remain in Hendry County. The Florida Highway Patrol,
however, may onwrste the colder in any county of this state upon
. pAGENDA4 0
,. . I .
MAR 2819
Packet Pare-625-
• 2/11/2014 16.E1 .
. Alir
AD
limited temporary assignment or special detail, pursuant to the
Laws of Florida end the rules, policies, end prooedure.
'4. Cancellation
This contract say bi cancelled upon 90 days advance
notice in writing by either party.
Entered into this /'A
,� day of AVM , 1993.
For Hendry County. for the Florida Highway Petrol.
14��
......... dtka=4,\Lfr-..Signature Dtreltor
Al. :-
• Sheriff, Hendry County Florida Highway Patrol
Qtte•t, L ,0 -., ,
i,i„..„
. J:_. 4.....„) Imsa Eothiasa
Chief of Canaria Services
Department of Highway Safety
, Clerk and Motor Vehicles
at/de "r.t.fuA:. • .
Witnesses
AGEt.I,S 'j8
Pl
MAR 2813
P9. ,
• l
Packet Pare-626- .
,
2/11/2014 16.E.1 .
• • • _._ ' LATER
T "Cj"{nOLOGY 7C7;s.;c ern Woy•f*wow.Colooya 00t 12.3921 •ir1 303/0491000•fat.3
QUOTATION PREPARED FOR
LT. ELLS 'ATE: 7/7/94
FLORIDA HIGHWAY PATROL QUOTED
NAPLESS FLORI WINERY WINERY p�
DATE 30 DAYS ARO OR SOONkR
PH s .813-455-3133 FAX t 813-455-4204_ TERMS: EE
F.0.8.;ENGLEWOOD,
iwWttlHtxC?Mower
QUOTED BY. DAN GROTFIE FAX: 303-649-9710 PH: 303-649-102Q
COMMENTS.
P2ESC3HT (IID21:D�PS_C.pr,r •n PATE
QUANTITY ! ITt t-DESCRIPTION
PRICE + TOTAL
LT! MARKSMAY LASER SPEC Dt'2ECTION SYSTEM I$3925
1 SPEEDSCOPE
$ 495 f
1 i PORTABLE RECAARGEABL PA
i S fly
I
1
QUOTATION SUB TOTAL 41, s
SALES TAX
1
FR!JGHT _ $ 9
TOTAL I $4.514
•
ACStrDA 1
MAR 2 8 19
Packet Pa:e-627- imismaimmimimmunimal
2/11/2014 16.E.1.
40___VANALLEN ASSOCIATES
0
Merritt Towers•Suite 501
200 S.Sykes Creek Pkwy.
Merritt Island,FL.32952
(40T)455.6666
To: Lt. Jim Wells
FHP-Collier County
3205 County Road 84
Naples, FL 33961
From: Linda D. VanAllen
VanAllen Associates for
STALKER Radar/Applied Concepts, Inc.
•
Date: August 22, 1994
Sales Quotation 42
STALKER Dual Antenna Radar
STALKER Radar Package 4064-1032-01 at $3195. x 21 $67,095.
SameLane i RS-232 Port
includes:
II Dual SL Display/Counting unit with options
Option: RS-232 port
Option: Fastest
Dual SL Cordless remote control 1 .
Antennas (2)
4 foot antenna cable ; '
16 foot antenna cable !
Power cable with serial port
Dual SL tuning forks/manual kit
Display hood kit
Choice of mounts
3 Year Warranty/Parts & Labor f
Discount for ordering SameLane
feature before 1/1/95 at (100. ) x 21 (2,100. )
Volume Discount at (400. ) x 21 (LOW
Bottom Line $56,595.*
Bottom Line price per unit $2695.*
*F08 Richardson, TX
III Extended Warranty may be purchased at $150 yr per unit?'
AGENDA, E 1
B- •
MICR 2819
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REGULAR MEETING OF APRIL 4, 1995,
OF THE BOARD OF COUNTY COMMISSIONERS
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as have
been created according to law and having conducted business herein, met
on this date at 9:04 a.m. In REGULAR SESSION in Building "F" of the
Government Complex, East Naples, Florida, with the following members
present:
CHAIRPERSON: Bettye J. Matthews
Timothy J. Constantine
Timothy L. Hancock
Pamela S. Mac'Kie
ALSO PRESENT: William C. Hargett, Assistant County Manager
David C. Weigel, Assistant County Attorney
II
Packet Page-629-
2/11/2014 16.E.1 .
Item #10C - Continued to April 18, 1995
Item #10D
REQUEST FROM LT. WELLS OF THE FLORIDA HIGHWAY PATROL RE THE PURCHASE OF
RADAR DEVICES BY COLLIER COUNTY - APPROVED
The last item on our agenda is continued to the week of
the 18th.
COMMISSIONER CONSTANTINE: Actually, we have Lieutenant
Wells of the Florida Highway Patrol.
CHAIRPERSON MATTHEWS: Then we have item 10D, Lieutenant
Wells from the Florida Highway Patrol. It's a request for the
purchase of radar devices. This was the one that was continued a
couple of weeks ago, wasn't it?
COMMISSIONER HANCOCK: That was continued at my request
because we didn't have representatives from the sheriff's office. We
were told that we had support from the sheriff's office on it, but I
wanted to hear from them specifically and --
COMMISSIONER CONSTANTINE: I made a point to talk with
our beloved sheriff this past week. He has no objection assuming --
and Lieutenant Wells can do a brief explanation, but it's using clerk
funds. The sheriff said as long as it's not out of his budget, he
thinks it's a wonderful idea.
I did have one question and that is -- and you and I
have talked about this before, but as to the number of units that are
assigned to Collier County, because I keep hearing different numbers
on that and I want to make sure anything we purchase obviously goes
toward those units being used within our county boundaries.
LIEUTENANT WELLS: Okay. Currently we have 20 positions
assigned to Collier County. That would include myself and two
sergeants. I do have responsibilities of patrol on the road. So do
the sergeants. Every uniformed position we have in the county does do
road patrol work, albeit some more than others. As of today, we are
four trooper positions short. The middle of this month we are going
to lose three more people. The end of the month they're sending us
seven new people. We will be 100 percent filled by the end of this
month. Those seven new positions will have an eight-week --
CHAIRPERSON MATTHEWS: Can you pull the mike down a
little bit. People can't hear you.
LIEUTENANT WELLS: Okay. The seven new positions will
be in training for eight weeks, and then they will be in full service.
COMMISSIONER CONSTANTINE: You'll end up at 20, and the
price break is at 20. So 21 is the same price as 20.
LIEUTENANT WELLS: Actually, 21 is $1,205 cheaper than
20 so -- so we're getting a spare unit and saving the county some
dollars.
COMMISSIONER MAC'KIE: Thank you.
CHAIRPERSON MATTHEWS: Commissioner Hancock.
COMMISSIONER HANCOCK: Just so I can have this for the
record, my understanding is that the whole basis for this is that the
existing units you have are in a state of disrepair. We have -- I
receive constant complaints about people traveling at excessive speed
on the section of I-75 through Collier County. It's a pretty common
complaint. With this type of enforcement, the county will in all
likelihood see an increase in citations, and those funds go to Collier
Packet Page-630-
2/11/2014 16.E.1 .
County; is that correct?
LIEUTENANT WELLS: Yes. In all --
COMMISSIONER HANCOCK: I know you're not guaranteeing an
increase in tickets or revenue to repay. You can't do that because
there are no such thing as quotas, yata, yata, yata, all that other
stuff. But we're going to, like, in all likelihood see an increase in
tickets and an increase in revenues to Collier County?
.LIEUTENANT WELLS: I would anticipate that if we gave
seven brand new people equipment that otherwise they're not going to
have, that there would be some increase particularly --
COMMISSIONER HANCOCK: Okay. Well, we'll dance around
it, but I think we understand what's going to happen. Okay.
CHAIRPERSON MATTHEWS: Are there further questions of
Lieutenant Wells?
COMMISSIONER CONSTANTINE: I'll make a motion to --
CHAIRPERSON MATTHEWS: Are there public speakers, Mr.
Hargett?
MR. HARGETT: There are no speakers.
COMMISSIONER CONSTANTINE: I'll make a motion to approve
the item exempting '72 Buick Skylarks.
CHAIRPERSON MATTHEWS: Only 1972 --
COMMISSIONER CONSTANTINE: All right. All right. All
right. All right.
COMMISSIONER HANCOCK: Will the motion maker amend to
include '94 jeeps?
COMMISSIONER CONSTANTINE: No. I'll make a motion to
approve the item as we have it in our clause.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the item as it is presented to us. If there's no further
discussion, I'll call the question. All in favor please say aye.
Opposed?
There being none, motion passes 4-0. Thank you,
Lieutenant Wells.
LIEUTENANT WELLS: Thank you.
COMMISSIONER CONSTANTINE: Good luck with the seven new
guys or ladies.
LIEUTENANT WELLS: It should be two women and five
males.
COMMISSIONER CONSTANTINE: Good.
CHAIRPERSON MATTHEWS: Good.
COMMISSIONER HANCOCK: Sorely needed. Thank you.
LIEUTENANT WELLS: Thank you.
CHAIRPERSON MATTHEWS: That concludes our agenda for
today. Mr. Hargett, are there public comment?
MR. HARGETT: No, ma'am.
Item #14
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
CHAIRPERSON MATTHEWS: As we move into communications,
Commissioner Hancock, do you have anything?
COMMISSIONER HANCOCK: I have none.
CHAIRPERSON MATTHEWS: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE.: I actually had a question for Mr.
Lorenz about the chlordane information and just wanting an update on
Packet Page -631-
2/11/2014 16.E.1 .
B. Recommendation to declare a vacancy on the Homeless Res. 95-271 declaring
Advisory Committee. position vacant 4/0
Con't to 4/18/95
C. Recommendation that the Board of County Continued to 4/18/95
Commissioners review the three proposals to perform the 4/0
audit of the County's financial statements for
,iscal year ending September 30,1995, 1996 and 1997..
D. request from Lt. Wells of the Florida Highway Patrol Approved 4/0
regarding the purchase of radar devices by Collier
County.
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
LUNCH RECESS 12s00 1x00 P.M.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS, COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
16.
CONSENT AGENDA
All matters listed under this item are considered to be routine Approved and/or adopted
and action will be taken by one motion without separate 4/0
discussion of each item. If discussion is desired by a member
of the Board, that item(s) will be removed from the Consent
Agenda and considered separately.
4
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:/,'11,-..?;:'''''' M E M O R A N D U M ACTI4n:
'ar ,,
,r i ,i ` 4 fi IKFp:
,>> , r STAFF FILE:
F j v,; .`e'' ro: W. Neil Dorrill, County Manager BY:
}:)44'*,,,I %aFROM: Timothy J. Constantine, Commissioner District 3
aEc m + l R : FHP Executive Summary 7 0k . 3Cc
nr`IA,„, . !`fir DATE: March 14, 1995 01
A.,i.',,,,y,,4,,r t
k' ' 11,nolosed please find an Executive Summary from Lt. Wells of the
, , %'FOrida Highway Patrol regarding the purchase of radar devices by
,.`' ' r'" lathe County.
r 1;''.4`,raj 4° ' I
L F'�, ' 4 ; rf'Please put this on an Agenda as soon as possible and contact Lt.
i ,ra; ` fr{�'!'�/ wells with the date.
tt ,,,,,j� ,t� r
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�y,' Iy ,,. RECEIVEC
- �'� ,'' '�� County of Collier , n
v't CLERK OF THE CIRCUIT COURT r...',.::.
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r�` I: �'x, _I COWER COUNTY COURTHOUSE
is M . '• i 3301 TAAMAMI TMIL EAST _v.
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PD.KU 41 3044
OP r! , \',�, NAPLES,FLORIDA 33941.3044 ' . °L
a�s �' d CIRCUIT COURT
/6,,�.r,i;, L)ight E.Brock
dry ,' ';''S,:;".7- ,j . CLERK COUNTY RECORDER
� '�r dK CLERK BOARD Of I IF
%5; .,.. COUNTY COMMISSIONERS
4'I„\4ia '' March 8, 1995
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, :„.,,,,.,0,,,,,,,, ,, ,
,�” (``'",t . Commissioner Timothy Constantine
i,,
s `; ,..- ; • Board of County Commissioners
y A rYµ 3301 Tamiami Trail East '
. rII 4;: Naples, FL 33962
t, w , Re: FHP Executive Summary 1
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*�z , 4,r ` Dear Commissioner Constantine:
.,0,µ,
•tj „ Enclosed is an Executive Summary from Lt. Wells of the Florida
.9 ,a, N, Highway Patrol regarding his proposal for purchase of radar
•1'1 �w devices by the county.
of ''
` ., ' It is my understanding from Lt. Wells that he has discussed this
I
f, , ,d��F ° matter with you, and „ " .
r aR} � y you indicated you would "fast track" the 0,
n „ , ,: matter.
�= I> - Thank you for your assistance to Lt. Wells.
s'�ae
f.;;,;i)t,'
0� `' ' ; Respectfully yours,
•
1
'Y 0 44. )....,).....3r6.6._,k
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!1,7,, 5y;04„';, Dwight E. Brock
''s ' i;� Clerk of the Circuit Courts
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>,�a, �� �,,, End': Executive Summary
' cc: Lt. Jim Wells
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EXECUTIVE f,UMMARY
0
r. .s<` REPORT TO THE BOARD OF COUNTY COMMISSIONERS REGARDING A REQUEST
. " ,: FROM THE FLORIDA HIGHWAY PATROL FOR FUNDING TO PURCHASE 21
'''0,,,):,..,,�? °`rF' TRAFFIC RADARS AND ONE LASER SPEED MEASURING DEVICE.
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f, r 'OBJECTIVE.
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';, ' ' To formally request funding for the purchase of traffic radars
' a+ .';4 ` r and laser. Also to provide documentation upon which to base this
rr • decision.
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iti',4' CONSIDERATIONS :
rev:,./',1, r ,
a ,, jA,,,,Concerns for the safety of the citizens of Collier County is
L L voiced from many groups . Few of theses groups have as much day
r ,,/g . '..:to day impact on citizen safety as the Florida Highway Patrol.
ki41,.r+' 'As I am sure you are aware we are concerned with the safety of
ov,- ,' our citizens while they are traveling on roadways within
` unincorporated Collier County. During 1993 , 7 persons were
, , murdered in Collier County. During 1993 , 46 persons died on
'.;' Collier Roadways .
Pr
4 ., The Florida Highway Patrol is dedicated to reducing this number
Qd.': in the future. We are working hard on innovative programs which 0
will free up Troopers ' patrol time so that they can have time to
0 " ,rr engage in "Proactive Patrolling". We have created a new
t '' "Patrolling for Results" program which focuses on problem traffic
F,': ,,t,. .7, . areas . We held several "Seat Belt Blitzes" during the year to
lc focus drivers' and media attention on Safety Belt Violations. We
' `="h; have introduced the "Slick Top Patrol Car" concept to our fleet
/,'"' AI' in order to seek out violators. We have participated in special
1. N`d�i 7,z , ,
¢ , enforcement blitzes similar to the one Held February 4 and 5 ,
`y', ' 1995 during the Everglades Seafood Festival. During this two day
; ' { period over 200 citations were issued in Collier County. We are
' 9-"*" , currently working with other local agencies to form a "Community
,,14'i 'r , , Traffic Safety Committee" so that we may attract Florida
, r%� Department of Transportation dollars to address critical
A transportation issues quickly on a local level. We at the Naples
^4a a , r station are also working diligfntly to try and attract more
H. '}* '„ -.- Trooper positions to Collier County so that we can make even more
-11k,� err , `of an impact.
r'r
���1 r OPERATIONAL IMPACTS :
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We currently have 20 uniform positions assigned to the FHP Naples
't '';'- 's 'm .;station. As of 02-14-95 we are, short 4 trooper positions. We
r,A f
00; have an academy class graduating in May and hope to fill r
v$ ,,4,, these vacant positions. Each .iniform position, even sup rvis �tD 1 1
't ,,,b, - 'positions have a component which is involved in pat'rolli g th'S. f ,
�''.:ot,, roadway. 0
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w9,ry ;>. , •: We currently have 11 Radar units assigned to the Naples
$0.' rr ... inventory. Of these units 10 are over 10 years old (the 11th is
•
i� r, 8 years old) and have met the replacement criteria established by
',i � the Florida Highway Patrol. These radars are also becoming less
) -`r, r' servicable as components wear out and require more down time for
hah` r, repair. The current radars are shared by some Troopers which
Yr;Yt 4,e involves often 1/2 to an hour per shift for the Troopers to meet
•,` and swap this equipment (Troopers do not routinely report to the
`,',}fit, station so that they remain on the road the maximum amount of
.x &. time).
fiy ,r
�
; So the
point may be made that we are short of equipment and that
•
as time passes the situation becomes worse. This obviously
1 1
r
affects the efficiency with which we operate and restricts
' r ' greatly the ability of working Troopers to take action upon
;4 observing speeding motorists.
�'/' The equipment that we are seeking is modern, up to date equipment
,. that not only is more reliable but also offers advances in
43 detection distance , speed of detection, the ability to clock
h` .4, , ,vehicles traveling in the same direction, and the ability to
select clocking for the fastest vehicle AS opposed to just the
s� , strongest signal. This more modern equipment should allow
;�(T .., , greater Trooper efficiency and -productivity, thereby giving us
,; the ability to contact more motorists with our traffic safety
s ,
y��,Y',�,,��, ` mesas g e.
''.,V.:4.$ "{ • We have also requested one traffic laser. This unit is for
`'±{K specialized applications and works in areas were Radar or Vascar can't. We envision that this unit would be utilized for special
Jt4 , details involving school zones and other heavily trafficked areas
44 where the ability to clock one vehicle at a time is crucial.
z FISCAL IMPACT:
'''',4,, Currently under State Law the Florida Highway Patrol cannot
,.ov,-:; ,, access any monies generated by fines levied upon citations we
,'k:, . -- issue. This obviously creates an impartiality envied by many but
' also places restraints on the funds we have available. Currently
the majority of the money generated by these fines remains in the
county in which the citation is issued. Looking at the period
';9 from September 1994 through August 1994 the Florida Highway
Patrol issued 2439 speeding tickets in Collier County. Using 15
kA` Y g
f `1 miles per hour over the limit as the average citation we find
",,,q,',7, ,, ..,,7 s that each citation has the following fine distribution:
$50.46 (general revenue)
S' ` $12.50 (800 mhz radio system)
*,k. ...-.; ..- $ .50 (clerks office )
w $10.00 (court costs) •*---�
r „.,� si. S 2.00 (local law enforcement training fund) A gt•pA7
�% S 4 .00 (school crossing guards) • :.�� �
°` $79.46 to Collier County. MAR 2 s io' 5
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This is 62% of the $ 128 .25 payable fine. This is a total impact
le t' of $193,802 .94 per year. This would project out to $ 1 ,938,029.40 •
r 4 over the projected 10 year life of this equipment. If we were to
• project a modest 10 % increase in the number of speeding
citations issued due to the purchase of this equipment, the
purchase price would be recouped in just over (3) three years.
We can not of course guarantee any projected number of citations
to be issued due to unforeseen circumstances , such as manpower
• crisis , natural or manmade disasters, etc. Of course if new
equipment is not located, as the old equipment becomes
unserviceable the number of citations could easily drop.
• The total cost of this equipment is $63,209. These funds can be
obtained from General Fund Reserves Account 001919010991000.
1.,
GROWTH MANAGEMENT:
,,
I,• 4,. -
• lytil?.,
No impact at this time.
RECOMMENDATIONS:
I believe that these units would be a benefit to the citizens of
Collier County and that the citizens would incur little if any
financial impact from the purchase of these items . That would
make this a win-win partnership between the Collier County
ID
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citizens and the Florida Highway Patrol .
Or
Prepared by
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James D. Wells , Jr. Date
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,vw Flor da Highway Patrol
"
Exhibits Attached :
1 . List of other participating counties
t, 144 ,, i 2. Sample contract/interagency agreement
3. Bids for equipment
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- ' AGENDAUJA ' ' '
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?: ' Y,. { . *LIST OF COUNTIES (BY TROOP) WHERE FHP PERSONNEL
1` UTILIZE RADARS PROVIDED BY THE COUNTY
V., ;a Pr
14T, :..r TROOP A
r ,h�'c TROOP F
g�`,,'^,� �` scam a
Gulf eso o to
,,,,i rr ;'ti Desoto
�; Holmes Glades
Jackson
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W,, :,3�„ Hardee
4, Walton Hendry
x', , r Washington . Highlands
'7f
% f''�'. TROOP 8 Manatee
' 4 der
Sarasota
e: f "
' Bradford , ,, '` Columbia TROOP P
G
� r �-p Di xi e ri F'1 a Gilchrist Putnam •~
4,'14-
� '4„4,,,,,e., Hamilton
Lafayette St. Johns
i `P' '?� . Levy
9^;1 f" i"f„r:' Suwannee TROOP H
'`' Union ran n
tt,�. �r Gadsen
r `Y TROOP C Jefferson
. x 4'1' TROOP
s` Liberty
Hernando Madison
.`"-r,V " �'_ Taylor
.H t
Pin llas Wakulla
F ;� Sumter
` ' TROOP L
' TROOP D
'` 77577-River
� �; revar Martin
•
1 �,,,, Fl agi er Okeechobe
j' ""r " Lake Okeechobee
4s � St. Lucie
1;10, (: Osceola
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`;�F$0;:r .� *` ,J'47. of 67 counties in Florida (70%) h w
4, Patrol use. ( provide radars for Florida Highway
' 'lP� * �Thfs list was compiled by Captain Ken Howes while applying to the Clay County Commision
)1yforRedars to be used by the Florida Highway Patrol during January of 1993. Different
;, z ciiiinties. use various vehicles to fund this purchase from the Clerks office, to the
$ � '. ` ;!,Board of Commisioners, to the Sheriff's office.
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i" AGREEMENT
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,, This agreement is mods by and between the Hendry County
��' 0`r,�,', * Sheriff's,Oftice (HCSO) and the Florida highway Petrol, • divi-
, anion of the Florida Department of Highway Safety and Motor
Vehicles (FHP), pursuant to Section 162. 01, Florida Statutes,
r6 4.° " authorizing interlocal agreements. - 1
"}t , � In consideration of mutual proniae• ocntained in this
• „,y, ' interlocal agreement, the HCSO end the'Flerida Hiphvay Patrol
. r
' && accept the fallout»; terms and conditions:
1. Radar
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1tr For tte purpose of this agreement, radar shall mean
' . R' `r',.' • law enforcement speed radar, any microwave-based spend-meaoure-
N,, meet unit that meets the minimum doolign criteria established by
nz ',, the Department of Highway Safety and Motor Vehicles tHS11V) and is
employed for use in the State of Florida by a la* enforcement
,A f x. . agency to detest the •peed of n.o4.ariats. A. aontempl.w4.ri by +h4.0 •
.':* ,* `
, , agreement, radar units shall include any hardware necessary for
rt4 ` the operation and maintenance of such equipment, including tuning
r
%i,, d forks. The radar equipment governed by this agreement was
;.y fiy < purchased by the HCSO for o;.erotion by the Florida Highway Patrol
+l4,° '4,'<<c r'; within Mondry County.
l
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', ' 1(`�� << 2. Maintenance ai Radar Equipment
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�''' ' Mondry County Sheriffs Office shall be the lawful
err owner of the radar and shal be responsible for the maintenance
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" , ,,- . and repair of such radar equipment. The Florida Highway Patrol
° �:7.r,, r ' shall be the custodian of the radar.
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0 ".?:-j-,.,% .: "The radar equipment purchaeed by the Hendry County
'1, 1 Sheriff's .8ffice ier operation by the Florida Highway Patrol
1 :
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within Hendry County is manufactured by Decatur Rleotrontos. Ina.
.,, end is their Model Humber CEHERIS. Theee radar unite comply with
Tie {ti yJ '� .,.. .
,Yt40-, ;'`` Chapter 15002.013 of the Rule* and Regulation of the Department
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;' of Highway Safety and !Motor Vehicles with regard to approved
x• 'L ;fi' sped measuring devices for uwe in the State of Florida pursuant
�r ;. to this radar rule, and are approved for use in the State of
', w Florida.
t �,,!. rx A Every Trooper in Hendry County has successfully some
h/A. •.�c,..4 of .'
a, L 'pitted the Florida Highway Patrol. Radar Speed Measurement Cour**
'�tI,+ ` r.,'� and is authorized to operate stationary and moving Doppler radar
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;�,; �.. ; in compliinoe with Florida Statute 043. 14(10) as enacted by
'.. t Y' • Chapter a0.2/S, Laws of Florida, and is both Qualified and",t
; r ;. Certified to operate these radar unity. No further training will
"ry.(� r
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Decatur Electronics, Model CSNCS!5 radar units and the Serial
' y Numbers are as follows,
r ; v'r3 ,"' . Tuning Tuning
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t ". ," ,,' ' 'v Unit Antenna 33.2 77.6 PR NO
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000515 GROG Sib 10096 10i86
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f ' '" `, 4. 300571 OK00S81 10047 10187
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+4,wy t�'', . These radar unite will be assigned to Hendry County
0,;4-0J,, - Troopers on.y. The Troopers currently assigned to Hendry County
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F;Yr '" ' Trooper Leonard 5, Worley Trooper Howard 0. Colo
,14 1,° t1, ' ` Trooper Dwayne W. Cooper Trooper Robert W. Donovan
;i AB,,�+� '`' ,�,J� 3. Operation of Rader
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1 5''i1' Y Florida Highway Patrol shall operate much radar in
c
,. 4j ,, a larriul manner to detect the speed oS motorists, to reduce the
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�x , ��r ;. � i>Raidents of excessive speed, and to promote the health, saiaty•
`, ; ,rte and welfare of persons vho travel the highways and roadeay$ et
rtr ar,wf4��f. ' Hendry County. It Florida Highway ratrol ceXiasrs operating suoh
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�r ,`iv, �,,; • radar are reassigned to any other county, the radar equipment ,
If•;';? ,�, `r" "; shall remain in Hendry County. The Florida Highway Patrols
1i.. +'`I' ' however, may .opwrate the radar in any County of tyke state upon '''"i
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,� 't, ,, limited temporary assignment or special detail, pursuant to the
(4.0 "' ', Love of Florida and the rules policies, end
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F , t4. Cancellation
.f 1, .'� r � ?'hie contract may by cancelled upon 90 days advance
%.,;'"4,,,:',,', . notice in writing by either party,
ra
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'" /.%.:),,,,� ~` Entered into this a of
Jd Y f , 1993.
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,iiY r • t ' Yf. For Hendry County$ For the Florida Highway Patrol t
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A: Ni'q 4 yid
;air i u,, Signature Dire tar
tittx yry H^�
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''; 3hsrift, Hendry County Florida Highway patrol
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(AO (4/"(: ":"' AN%
ICY �9
Attest
'��r t' •R.uae Rottenest
at' ,t Chief of General Services
•
'' j— ./_ Department of Highway giai.ty
S ,,'" ^' , Clerk and Motor Vehicles
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. QUOTATION PREPARED FOR:
-et, LT; JAM!$ WELLS DATE; 7/7/94 -
�, •K4a,. FLORIDA HIGHWAY PATROL OUOTr:D
DELIVERY
L, NAPL:S, FLORIDA DATE. _ 30 DAYS ARO OR SOOtiER
'4"..;* " ' , PH: 813-455-3131 FAX: 813-455-4204 TEAMS: 1% 10 NZT j0
' ' F.O.B.:ENGLEWOOD,DO.
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''�r f OUOTBD BY. DAN GROTH! FAX: 303-649-9,71Q,r_ PH: 303-649-1090
{ 'COMMEPtYB.
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' r 1 ' LTI MARKSMAN LASER SP;ED DETEgTION SYSTEM ,, $3925 II
SP1rEDSCOPE $ 495
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QUOTATION
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N , j4}r�` VAN;ALLEN r'\ssc)c'1 %TES
r Merritt Towers•Suite 801
;' e. 200 S.Sykes Creak Pkwy. ,M,
r '• Merritt Island.FL 32982
r '� .' (407)4SS•6666
I d ice ..10: Lt. Jim Wells
I ;1444.k',...,1,1 , y" FHP-Collier County
; i c', "`- . 3205 County Road 84
Naples, FL 33961 1 k ;i ,,.From:, � ��,, Linda D. VanAllen
tw A VanAllen Associates for
t filA STALKER Radar/Applied Concepts, Inc.
7C �r,'a'. " ,Date: August 22 , 1994
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'3,1 fir, .,, STALKER Dual Antenna Radar
;;,,4;<.� STALKER Radar Package *064-1032-01 at $3195, x 21 $67,095 .
,. 1 .SameLane & RS-232 Port
{� ,Nj„
' `r i,. ..1nc.udes:
rye L. ; al SL Display/Counting unit with options
7 f,. ; , Option: RS-232 port
,, 4,� Option: Fastest
''r.A �a1B
R4 Dual SL Cordless remote control
b �
` . u4 Antennas (2)
�,,°,; ,( 4 foot antenna cable
,;, # bi4 - 16 foot antenna cable
'{ ,E � g' , ,Power cable with serial port
� '.a.l, Dual SL tuning forks/manual kit
.,� , Display hood kit
'err,14, ,
, Choice of mounts
,;;,=';� • ' , ".te
111- , , ; .
3 Year warranty/Parts & Labo
` ` `„�4,,, .Discount for ordering SameLane
`,, :r`1>w' feature before 1/1/95 8
+ Lr . ,("4:M1-Volume Discount at (100 . ) x 21 (2,100 . )
at (400. ) x 21
a' (8,400. ) �;
4' ,„,',„:,' Bottom Line $56,595.*
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Line price r„:',"6 ,4,r ,'YBottom, , P per unit $2695.*
,11,N ! FOB Richardson, TX
�'� " a/41a�Extended Warranty may be at
^ ,a Y Y purchases a� $150 yr per uni .
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