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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. Packet Page -433- 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 Packet Page -434- 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 Packet Page-435- 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 Packet Page-436- 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. 1 Packet Page -437- 1/14/2014 16.A.4. 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 2 Packet Page -438-