Agenda 01/14/2014 Item # 16A 4 1/14/2014 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the write off of all remaining
uncollected fees/fines related to the American Traffic Solutions (ATS) Traffic Infraction
Detector Program (TIDP), also known as the Red Light Running Camera Enforcement
System.
OBJECTIVE: To conclude the TIDP following the Board's desire to eliminate the program and
approve a Resolution writing off all remaining fees/fines considered uncollectible.
CONSIDERATIONS: The TIDP was implemented and modified along the following timeline:
• On February 10, 2009, Collier County entered into a contract with ATS to begin the
TIDP.
• On May 13, 2010, the Mark Wandall Traffic Safety Act was approved with an effective
date of July 1, 2010. The new legislation required a modification to the existing contract
with ATS.
• In anticipation of the effective date, the Board approved the first amendment to the
contract with ATS on June 22, 2010.
• Subsequent to the amendment, it was debated whether the existing TIDP would require
further modifications in order to comply with the competitive bid process. The dispute
with ATS ultimately ended with a settlement agreement approved by the Board on
February 28, 2012.
• On December 11, 2012, the Board directed the County Manager to terminate the TIDP
contract between Collier County and ATS with an effective date of February 28, 2013,
and directed that all red light cameras be duly removed from all intersections in
accordance with the ATS contract.
Over the life of the TIDP gross collected fees/fines totaled $3.85 million. Payments to ATS, the
program contractor, were $2.16 million while direct County costs of the program amounted to
approximately$131,800. The TIDP's net contribution to the General Fund was $1.57 million.
As part of terminating the TIDP, a reconciliation of all issued notices of violations was
conducted. The documentation from ATS identified a significant number of notices that are
unlikely to be collected and require authorization from the BCC to write off.
The notices under discussion fall into two categories. The first being those notices issued prior
to July 1, 2010 under County Ordinance. These receivables represent approximately 5,800
individual accounts and total $475,924.70. All violations in this group are more than 40 months
old and the County has no current mechanism to enforce or compel payment. ATS efforts to
collect on those notices of violation consisted of first and second notices to valid addresses.
Further, because the County reduced the original $125.00 fine to $62.50 when it amended
Ordinance No. 2009-54, ATS' $101.20 cost of collection per violation made further pursuit of
those violations cost prohibitive.
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1/14/2014 16.A.4.
The second category of notices was issued after July 1, 2010, under Florida Statute (the Mark
Wandall Safety Act). These violations are a minimum of 10 months old, total $98,665.42 and
consist of approximately 600 individual accounts.
According to ATS, the unpaid notices were unable to be collected for various reasons primarily
because of improper notification, including: invalid mailing address/undeliverable, date of birth
missing, driver's license number missing, or a UTC was not approved, as the most prevalent
examples. Accordingly, staff recommends that the Board authorize the write off of all
outstanding fees/fines associated with the TIDP as uncollectable.
FISCAL IMPACT: Accounts receivable of$574,590.12 related to this program are presently
recorded in the County's accounting records and are considered uncollectible. An allowance for
uncollectible fees/fines of this amount has been recorded in the General Fund (001), cost center
110301 as of Fiscal Year End 2013. The recommended write off of these fees/fines does not
impact revenue, cash or fund balance and thus has no budget impact.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves the attached
Resolution authorizing the write off of all remaining fees/fines related to the Traffic Infraction
Detector Program, also known as the Red Light Running Camera Enforcement System, as
uncollectable.
Prepared By: Jay Ahmad, Director of Construction& Design, Growth Management Division,
Transportation Engineering.
Attachment: Resolution
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1/14/2014 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve a Resolution authorizing the write off of all
remaining uncollected fees/fines related to the American Traffic Solutions (ATS) Traffic
Infraction Detector Program (TIDP), also known as the Red Light Running Camera Enforcement
System.
Meeting Date: 1/14/2014
Prepared By
Name: KhawajaAnthony
Title: Engineer-Traffic Operations,Transportation Engineering&Construction Management
11/21/2013 8:34:48 AM
Submitted by
Title: Engineer-Traffic Operations,Transportation Engineering&Construction Management
Name: KhawajaAnthony
11/21/2013 8:34:50 AM
Approved By
Name: LynchDiane
Title: Administrative Assistant
Date: 11/22/2013 11:40:06 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 12/13/2013 11:34:21 AM
Name: ShueGene
Date: 12/17/2013 6:07:51 PM
Name: ShueGene
Date: 12/20/2013 9:54:45 AM
Name: MarcellaJeanne
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1/14/2014 16.A.4.
Title: Executive Secretary,Transportation Planning x.
Date: 12/26/2013 1:36:39 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 12/27/2013 4:45:41 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 12/30/2013 5:34:44 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 9:37:25 AM
Name: OchsLeo
Title: County Manager
Date: 1/6/2014 10:51:22 AM
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1/14/2014 16.A.4.
RESOLUTION NO.2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO WRITE OFF ALL REMAINING
FEES/FINES RELATED TO THE FORMER TRAFFIC INFRACTION
DETECTOR PROGRAM, ALSO KNOWN AS THE RED LIGHT
RUNNING CAMERA ENFORCEMENT SYSTEM, AS
UNCOLLECTABLE.
WHEREAS, on February 10, 2009, Collier County entered into a contract with
American Traffic Solutions 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 'I'1DP 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 '111)P, a reconciliation of all issued notices of
violations was conducted identifying a significant number of notices totaling $574,590.12 that
despite due diligence were unable to be collected.
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NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The Board fords that Collier County 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 not able to collect that
outstanding debt.
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 does not impact
revenue, cash or fund balance and thus has no budget impact.
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 TOM HENNING,CHAIRMAN
Approval alo f rm and legality:
T5e.... k
Scott Teach,Deputy County Attorney
Afft
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