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Resolution 2014-002RESOLUTION NO. 2014-.0 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REMOVING ALL OUTSTANDING FEES/FINES RELATED TO THE FORMER TRAFFIC INFRACTION DETECTOR PROGRAM, ALSO KNOWN AS THE RED LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM, FROM ACCOUNT AS UNCOLLECTIBLE. WHEREAS, on February 10, 2009, Collier County entered into a contract with American Traffic Solutions, Inc. ( "ATS ") to begin the Traffic Infraction Detector Program ( "TIDP "), also known as the Red Light Running Camera Enforcement System; and WHEREAS, on May 13, 2010, the Mark Wandall Traffic Safety Act was enacted by the State, with an effective date of July 1, 2010, which required modification to the then existing contract with ATS through a Board approved first amendment on June 22, 2010; and WHEREAS, subsequent to the first amendment to the contract the parties entered in a Board approved settlement agreement to address a payment dispute and to provide terms governing the future operation of the program under the new State law; and WHEREAS, on December 11, 2012, the Board directed the County Manager to terminate the TIDP contract effective February 28, 2013, and directed that all red light cameras be duly removed from all intersections in accordance with the ATS contract; and WHEREAS, over the life of the TIDP gross collected fees/fines totaled $3.85 million, with approximately $2.16 million being paid to ATS and approximately $131,800 in direct costs expended by the County to operate the program, which yielded a net contribution to the General Fund of approximately $1.57 million; and WHEREAS, as part of terminating the TIDP, a reconciliation of all issued notices of violations was conducted identifying a significant number of notices totaling $574,590.12 that were not collected due to the inability to notify the proper party of the violation or where a Uniform Traffic Citation was unable to be issued in accordance with statutory requirements (Fla. Stat. § 316.0083(1)(c)l.a - UTC must be issued within 60 days of each violation and Fla. Stat. § 775.15(1)(d) - Non - criminal violations must be commenced within one year it is committed). 1 b NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board finds that Collier County or its representative, American Traffic Solutions, Inc., made diligent efforts to collect approximately 6,400 TIDP notices of violations totaling $574,590.12 resulting from red light camera infractions but despite those diligent efforts the County was unable to collect that outstanding sum and is without legal recourse to further seek recovery. 2. The Board finds that the total amount of $574,590.12 may be removed from its active accounts in accordance with generally accepted accounting procedures and pursuant to law. The recommended write off of these outstanding violations to the allowance for doubtful accounts does not impact the budget. This Resolution adopted on this 14th day of January, 2014, after motion, second and majority vote favoring adoption. ATTEST; BOARD OF COUNTY COMMISSIONERS DWIGHT B. BROCK,- CLERK OF COLLIER COUNTY, FLORIDA By: ` Deputy Clerk Commissioner Tom He ing, Chairman Attest as to Chairman's signature only. Approval as to form and legality: Scott R. Teach, Deputy County Attorney 2