CITY OF TAMARAC

CITY OF TAMARAC
INTEROFFICE MEMORANDUM
FINANCIAL SERVICES DEPARTMENT
TO:
Michael C. Cernech, City Manager
DATE: October 30, 2012
THROUGH: Mark Mason
Director of Financial Services
FROM:
Keith Glatz,
Purchasing & Contracts Manager
RE: Temp. Reso. #12270 – Execution
of Contract Agreement for Red
Light Camera Enforcement
System
RECOMMENDATION:
I recommend that the City Commission authorize the appropriate City Officials to award
Request for Proposal No. 11-03R and execute an Agreement for a Red Light Camera
Enforcement System within the City of Tamarac.
ISSUE:
The award of Request for Proposal No. 11-03R and executions of an Agreement for a red
light camera enforcement system with American Traffic Solutions (ATS), for the installation
of a red light camera enforcement system within the City of Tamarac.
BACKGROUND:
On September 7, 2010, the City Commission adopted Ordinance O-2010-16, which codified
as Chapter 14.5 in the City’s Code of Ordinances, authorized the City’s Red Light Camera
Enforcement Program, and provided for the implementation and operation of an
enforcement program set forth in state law.
As a result, the City issued Request for Proposal No. 11-03R for a red light camera
operating system. Proposals were formally advertised in the Sun Sentinel, and closed on
October 27, 2010. As a result of the proposal process, two (2) responses were received;
one from American Traffic Solutions (ATS) and one from Redflex Traffic Systems and
reviewed by the Evaluation Committee comprised of the Director of Public Services, the
Assistant Director of Public Services/Public Works Division, the City’s Management Analyst
II, and the BSO Chief. As a result of this review, ATS was ranked highest by the Evaluation
Committee, and negotiations were then undertaken with that firm. The final Agreement was
negotiated by a team led by the City Manager that included the Director of Financial
Services, the Director of Public Services, the BSO Chief, the Purchasing and Contracts
Manager, and Assistant City Attorney Mike Cirullo.
The goal of this Agreement is to achieve a higher level of public safety, through the use of
the remote red light camera systems which will supplement our current BSO resources
allowing for a higher level of enforcement through a well-proven technology solution that
has been successful for many jurisdictions in Florida and across the nation.
ATS will partner with the City and BSO by providing the technical components of the
enforcement process. The red light cameras will record potential violations that will then be
reviewed by ATS personnel. ATS staff will conduct the initial review to determine those
potential violations, and then forward the files electronically to BSO. BSO staff will then
make the determination whether-or-not a notice of violation should be issued, and will
authorize and will then electronically notify ATS to mail the Notice of Violation to the
registered owner of the vehicle. The registered owner will have thirty (30) days to pay the
$158.00 fine.
Pursuant to the Agreement, ATS receives all payments and forwards the revenue to the
City. If payment is not received by ATS within thirty (30) days, then ATS places the
violation in a second review queue for BSO to authorize the issuance of a Uniform Traffic
Citation (UTC). The issuance of a UTC results in the registered owner having three options:
pay the UTC fine of $263.00 (the same fine as if an officer handed a driver a UTC on a
roadway), file an Affidavit of Non-Responsibility identifying the driver of the vehicle (who will
then receive the UTC), or request a hearing before a Broward County Traffic Magistrate.
The Notice of Violation is sent by first class US mail. A form envelope and Notice is
attached. The UTC is sent by certified mail. A form envelope and UTC is attached as well.
While safety is our utmost concern it is imperative that this program be designed in a
manner to insure revenue neutrality by covering the costs of the contractor, the City, and
BSO. With this in mind, the City has been vigilant in the negotiation process in order to
insure that this final Agreement provides a balanced financial solution for both the vendor
and the City and BSO. Additionally, BSO will need to add two (2) additional full-time
positions, one deputy and one CSA to successfully operate this program as they will need
to verify the violations from the various cameras. The revenue generated from the program
will be used to completely offset the cost of these additional positions. The specific agreed
upon cost, as documented in the Addendum to the Agreement will be $17,844.42 per
month, or $214,133 annually.
As a result, the following additional provisions have been included in this Agreement:

The initial Agreement shall be for a period of forty (40) months or three (3) years
beginning four months following the initial notice to proceed, with two (2) additional
two (2) year renewal options. (A potential of up to 7 years and four months total.)
 ATS will install a total of twenty (20) red light cameras and equipment at twenty (20)
mutually agreed upon approaches. (See Attachment A herein).
 All cameras will be installed within a period of 4 months after the City provides ATS
with a formal notice to proceed.
 The City and ATS have the mutual right to terminate, with 90 days notice, in the
event that revenue to cover the costs of BSO fails to meet expectations.
 From the funds collected from violators under the program, the City will be entitled to
retain its documented BSO costs on a first position basis. What this means is that
any revenue collected goes first to pay the BSO contract costs before payment to
Vendor.
 The City may defer payments to ATS during a fiscal year in order to be able to
maintain the monthly BSO operations cost. The City and the vendor will then true-up
payments at the end of the year, defined as one year following the four month period
for camera installation and continuing for three years along with each renewal
period. If at the end of any true-up period of the contract, sufficient funds have not



been collected by the City to pay any balance due to ATS, ATS has agreed to waive
its right to recovery of any outstanding balance.
ATS will be required to track the number of potential violations submitted by the City
for review verses the number of violations actually pursued by the City. Performance
of cameras during the first 90 calendar days after camera installation will be
evaluated in order to insure that ATS is submitting potential violations in a format
and manner acceptable to the City in an effort to minimize the number of potential
violations that are rejected by the City. ATS shall demonstrate during that period no
net increase beyond 2% in the total percentage of potential violations rejected by the
City on a month to month basis. In the event that there is an increase greater than
2% ATS will be required to contact the City in order to make necessary adjustments
to the City’s program to ensure rejection rates of potential violations do not increase
greater than 2% of the total potential violations submitted to the City.
ATS agrees that in the event that they enter into an Agreement for the same (or
substantially similar) scope of services including the same length of Agreement and
installed cameras within twenty percent of the number of installed cameras in the
City with another local government in Broward County, Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more
favorable than the terms in this Agreement, ATS shall agree to an Addendum
providing the other local government’s agreement in its entirety to the City.
Cameras will not record right turns on red, except for those selected intersections
where a right turn on red is strictly prohibited for safety reasons, such as the
approach to Florida’s Turnpike from westbound Commercial Boulevard.
FISCAL IMPACT:
This program is intended to be self-supporting with revenue received from the program
covering the costs of the BSO Contract for two additional personnel in the amount of
$214,133 annually as stated above. Selected camera locations were based on a minimum
anticipated count of at least six (6) violations per approach, based on a predictive modeling
program utilized by ATS. Staff determined that twenty (20) cameras would be the most
viable option for the City based on safety considerations as well as financial viability.
Based on this model, which has been effectively used by ATS across the nation, it is
anticipated that the monthly costs of the cameras ($99,000) and the BSO costs
($17,844.42) will be approximately $116,845 or approximately $1,402,140 annually. With
this in mind, and subject to the revenue neutrality rules included in the contract, estimated
revenue will be $1,402,140. Although it will be likely over the initial three year and four
months term of the contract that revenues will exceed costs, prudent estimating practices
dictate a revenue neutral position to expenses.
Regarding Camera and Service pricing, the price per camera is based on the number of
lanes monitored. Specifically, the fees are as follows:
For 1 or 2 lanes:
For 3 or 4 lanes:
For 5+ lanes
$3,750
$4,750
$5,760
A $500 per month discount will be applied per camera on the pricing for 3 or 4 lanes (our
most prevalent pricing), and for 5+ lanes for each month during the first 12 months after
installation, provided that the camera is installed during the first 12 months after the date of
the Agreement. The cost includes all equipment, installation, maintenance, service, on-
going field and back-office operations of ATS. Finally, a $4.00 mail surcharge will be
assessed for certified mailing associated with the issuance of Uniform Traffic Citations.
Staff recognizes that revenue will likely be impacted by driver obedience to red lights a.k.a.
driver modification and fulfills our ultimate goal of improved public safety. Staff and BSO
have taken great efforts to select locations where there are greater opportunities for drivers
not familiar with the City to be on the road. Additionally, the City has included provisions for
removing and/or relocating non-performing cameras, and finally the contract provides for a
mutual termination of the contract in the event that revenue is reduced significantly because
of significant motorist compliance with red light traffic laws.
Attachments
Attachment A – List of Agreed Upon Intersection Approaches for Red Light
Enforcement Cameras
Direction Street
Cross-street
SB
N University Dr
Southgate Blvd
WB
W McNab Rd
N University Dr
NB
N University Dr
NW 82 Street
SB
N University Dr
NW 82 Street
EB
W Commercial Blvd
Rock Island Rd
EB
W Commercial Blvd
W Prospect Rd/NW 44th St
NB
Rock Island Rd/NW 71st Ave
Bailey Rd/NW 62nd St
WB
W McNab Rd
N Pine Island Rd
NB
10
NB
11
SB
12
SB
13
NB
14
NB
15
SB
16
NB
17
WB
18
NB
19
SB
20
WB
NW 31st Ave
W Commercial Blvd/NW 50th St
N University Dr
W McNab Rd
Rock Island Rd
W Commercial Blvd
N Nob Hill
W McNab Rd
Rock Island Rd
W Commercial Blvd
N University Dr
NW 58 Street
N University Dr
NW 58 Street
N University Dr
NW 72 Street
1.
Lanes
4
2.
5
3.
4
4.
4
5.
5
6.
4
7.
4
8.
5
9.
4
5
4
3
4
4
4
4
4
W Commercial Blvd/NW 50th St NW 31st Ave
4
US 441
W Commercial Blvd
US 441
W Commercial Blvd
W Commercial Blvd
Florida Turnpike
4
4
City of Boynton Beach
Intersection Safety Program
PO Box 22091
Tempe, AZ 85285-2091
LOGO
HERE
View your video, images and pay online
at www.ViolationInfo.com
NOTICE OF VIOLATION
NOTICE #: 1851000012345
PIN: 1234
Amount Due: $158.00
Due Date: Issue date + 30 days
John H Smith
123 Main Street
Boynton Beach, FL 33435
ON/ (DATE)
AT TIME
7/01/2010
11:28:29 AM
AT LOCATION
COUNTY
Palm
Beach
S/B W Country Club Dr @ William Lehman Causeway
NAME
John H Smith
STREET ADDRESS
123 Main Street
TOWN
STATE
Boynton Beach
FL
DID UNLAWFULLY
V
E
H
I
C
L
E

ZIP CODE
33154

OPERATE / DRIVE
PARK
YEAR
MAKE
MODEL
STYLE
COLOR
2003
INFINITI
FX35
4-door
Black
NUMBER
STATE
APPROX SPEED
POSTED SPEED
440 KCQ
FL
42 MPH
30 MPH
L
I
C
Did then and there commit the following offense:
FAILURE TO COMPLY WITH A STEADY RED SIGNAL
The recorded images relating to the vehicle stated above are evidence of this infraction.
IN VIOLATION OF:
Florida Statutes §§ 316.0083, 316.074(1) and 316.075(1)(c)1
POLICE DEPARTMENT
Electronic Signature
ID#
The traffic infraction enforcement officer named above has reviewed the recorded
images evidencing the red light signal infraction, has identified the license tag
number of the violating vehicle and has found reasonable and probable grounds
that an offense has been committed.
ISSUE DATE
7/30/2010
STATUTORY PENALTY OF $158.00
Pay with your Visa or MasterCard at www.ViolationInfo.com or mail your check or money order with this coupon to the address below.
LOGO
HERE
Si necesitas ayuda en Español, favor de llamar al
1.866.225.8875.
Make your check or money order payable to City
of ??????.
DO NOT MAIL CASH.
Write the Notice # on the front of your payment.
Insert this tear-off coupon in the enclosed envelope
NAME: JOHN H SMITH
DUE: Issue date + 30 days
NOTICE #: 1851000012345
VERSION: 1
ISSUED: 7/30/2010
PLATE: 440 KCQ
STATE: FL
TYPE:
No points will be assessed for this Notice of Violation
City Name Here
Intersection Safety Program
PO Box 742503
Cincinnati, OH 45274-2503
with the address (at the right) showing through the
window.
It is recommended that you respond with payment or
an affidavit 8 days prior to your due date in order to
avoid issuance of a Uniform Traffic Citation resulting in
additional costs and potential court appearance.
AMOUNT DUE: $158.00
1851000012345 000000014841 158006
V1.2
Your vehicle was observed by a traffic infraction detector failing to comply with a steady red light signal, in violation of Florida Statutes §§ 316.0083,
316.074(1) and 316.075(1)(c)1, at the intersection, date, and time stated on the front page of this Notice. This is a non-criminal infraction of state law.
No points will be assessed, and this violation may not be used to set motor vehicle insurance rates.
Under Florida Statute § 316.0083, you, as the registered owner of the vehicle, are responsible for the violation unless you can establish, by notarized
affidavit, that an exemption from such responsibility applies. You must (1) pay a statutory penalty of $158.00, as described below or (2) furnish a
sworn affidavit that complies with the provisions of Florida Statute § 316.0083, also described below, as to which of the allowable exemptions from responsibility applies to you. It is recommended that the affidavit or payment be received eight (8) days prior to the due date
specified on the front page of this notice to be appropriately processed or a UTC will be issued at a higher cost.
If you fail to respond, a Uniform Traffic Citation (“UTC”) will be issued to you, UNDER THIS STATUTE FOR THE STATED INFRACTION YOU MAY
BECOME RESPONSIBLE FOR COURT FEES AND COSTS. Upon issuance of a UTC, you shall have the remedies specified in Florida Statutes §
318.14, which include the right to have a hearing before a designated official, who shall determine whether an infraction has been committed. If the
official concludes that no infraction has been committed, no costs or penalties shall be imposed. If the official concludes that an infraction has been
committed, the official may impose an additional civil penalty not to exceed $500 and court fees and costs.
INSTRUCTIONS
VIEW YOUR IMAGES AND VIDEO EVIDENCE OBTAINED FOR THIS CASE: The recorded images and video of your violation will be submitted as evidence for the disposition of this violation. You may view your images and video online at www.ViolationInfo.com. You will need your Notice # and PIN
printed on the front of this Notice inside the red box. If you do not have internet access, you may view your video and images at your local public
library.
ONLINE PAYMENT: The fastest and easiest way to pay your $158.00 penalty is online. Go to www.ViolationInfo.com and logon with your Notice # and PIN
shown in the red box on the front of this notice. Click the Pay button. There is a $4 convenience fee for this service.
PAYMENT BY PHONE: Call toll free 1-866-225-8875 between 8:00 a.m. and 5:00 p.m. Eastern time. There is a $4 convenience fee.
PAYMENT BY MAIL: Mail your check or money order (payable to the City of Boynton Beach) in the enclosed envelope with the coupon printed at the bottom
of the reverse side of this Notice. PLEASE DO NOT MAIL CASH. Be sure to put the Notice # (see reverse) on the face of your payment.
TO CONTEST THIS VIOLATION: If you choose to appear before an official of the county court or plead not guilty, do not respond to this Notice of Violation.
You will receive a Uniform Traffic Citation within 60 days of the Violation Date via certified mail. Instructions will be provided to you by the county clerk’s
office as to how you should proceed.
SUBMISSION OF AFFIDAVIT: As the registered owner of the vehicle, you are deemed responsible for the violation and the payment of a $158.00 penalty unless, in compliance with Florida Statute § 316.0083(1)(d)1.a-d, you establish by a sworn affidavit that a statutory exemption applies. The exemptions are that the
motor vehicle: (a) passed through the intersection in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession; (b) passed
through the intersection at the direction of a law enforcement officer; (c) was, at the time of the violation, in the care, custody, or control of another person; or (d)
a UTC was issued by a law enforcement officer to the driver of the motor vehicle for the violation of Florida Statute § 316.074(1) and § 316.075(1)(c)1 stated in
this Notice. The affidavit must be sworn before a notary public or other person authorized to administer oaths.
If you assert that the vehicle was in the care, custody, or control of another person, you must provide the name, address, date of birth, and, if known, the driver’s license number of the person who leased, rented, or otherwise had care, custody, or control of the vehicle at the time of the violation. ACCEPTANCE OF
THIS ASSERTION BY THE BOYNTON BEACH PD WILL RESULT IN THE ISSUANCE OF A UNIFORM TRAFFIC CITATION TO THE PERSON NAMED IN
THE AFFIDAVIT. If the vehicle was stolen, then the affidavit must include a copy of a police report showing the vehicle to have been stolen. If you assert that a
UTC was issued by a law enforcement officer for the violation of Florida Statute § 316.074(1) and 316.075(1)(C)1 stated in this notice, then you must include the
serial number of the UTC. For faster processing, you may, but are not required to, include a copy of the UTC.
If your affidavit complies with the requirements of Florida Statute § 316.0083, then no further action will be taken and you will receive a notice of dismissal. If it is
determined that your affidavit does not comply with those requirements set forth in the statute or it is not received in time to process, then you will receive a Uniform Traffic Citation issued by the City of Boynton Beach PD. The submission of a false affidavit is a misdemeanor of the second degree, punishable
under Fla. Stat. § 775.082 or § 775.083 by a term of imprisonment not to exceed sixty (60) days and/or a fine not to exceed $500.
It is recommended that the affidavit or payment be received eight (8) days prior to the due date specified on the front page of this notice to be appropriately processed or a UTC will be issued at a higher cost. The affidavit should be mailed to City of Boynton Beach, c/o Intersection Safety Program, P.O.
Box 22091, Tempe, AZ 85285.
QUESTIONS: If you have any questions, please contact Customer Service toll free at 1-866-225-8875 .
Apopka, Florida
Violation Processing Center
PO Box 22091
Tempe, AZ 85285-2091
Customer Service # 1-866-224-2354
Florida Uniform Traffic
Citation
Ígp_8b*Â"cOHÎ
7180 6324 6610 0002 6747
NOTICE #: 0511200001275
PIN: 5448
PAYMENTS AND HEARING REQUESTS NOT ACCEPTED AT THIS ADDRESS
View your video online at:
www.ViolationInfo.com
Amount Due: $256.00
09/05/2012
Due Date:
FIRSTNAME
M LASTNAME
*0511200001275*
100 STREET ADDRESS PO BOX 100
CITYNAME, FL 12345-6789
ISSUE DATE: 08/06/2012
FINE AMOUNT: $256.00
Location: S/B PARK AVE @ MAIN ST (US441)
2481-AHS
FLORIDA UNIFORM TRAFFIC CITATION
o
COUNTY OF
n
(1) F.H.P.
o
(2) P.D.
CHECK
DIGIT
o
(3) S.O.
X
(4) OTHER
ORANGE
CITY (IF APPLICABLE)
AGENCY NAME:
APOPKA
APOPKA
AGENCY #: 30
IN THE COURT DESIGNATED BELOW THE UNDERSIGNED CERTIFIES THAT
HE/SHE HAS JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES
BELIEVE THAT ON:
SUMMONS
(VIOLATOR’S COPY)
DAY OF WEEK
MONTH
DAY
YEAR
Friday
Aug
3
2012
NAME (PRINT)
5:51:29
FIRST
MIDDLE
LAST
FIRSTNAME
M
LASTNAME
STREET
o
n
P.M.
CITY
STATE
ZIP CODE
CITYNAME
FL
12345-6789
RACE
SEX
HGT
F
6-00
DAY
Jan
DRIVER
LICENSE
NUMBER
654654654654
YR
1
STATE
CLASS
FL
A
1980
CDL LICENSE
YES
YR. LICENSE EXP.
COMMERCIAL VEHICLE
YES o NO
o NO o
n
YR. VEHICLE
MAKE
STYLE
COLOR
PLACARDED HAZARDOUS MATERIAL
2012
CARMAKE
CARSTYLE
CARCOLOR
YES
VEHICLE LICENSE NO.
TRAILER TAG NO.
7649JA
STATE
YEAR TAG EXPIRES
FL
UPON A PUBLIC STREET OR HIGHWAY, OR OTHER LOCATION, NAMELY
o NO o
≥16 PASSENGERS
YES
o NO o
MOTORCYCLE
S/B PARK AVE @ MAIN ST (US441)
YES
o NO o
COMPANION CITATION NUMBER(S)
YES
FT_________________ MILES___________________
o o o o
N
S
E
W
IMPORTANT INSTRUCTIONS TO INDIVIDUALS CHARGED WITH A NON-CRIMINAL
TRAFFIC INFRACTION. IF YOU CHOOSE OPTION A, COURT APPEARANCE IS NOT
REQUIRED. YOU HAVE BEEN ISSUED A UNIFORM TRAFFIC CITATION FOR A VIOLATION
OF SECTION 316.0083, 316.074(1) and 316.075(1)(c)1 OF THE FLORIDA STATE STATUTES
YOU ARE REQUIRED TO COMPLY WITH ONE OF THE OPTIONS LISTED BELOW. IF YOU
FAIL TO COMPLY WITH ONE OF THE OPTIONS BY THE DATE LISTED, YOUR DRIVING
PRIVILEGE MAY BE SUSPENDED UNTIL YOU COMPLY. YOU MAY ALSO INCUR
ADDITIONAL COSTS.
DIRECTIONS TO RESOLVE THIS CITATION
OPTIONS: MARK ONLY ONE
100 STREET ADDRESS PO BOX 100
DATE OF MO
BIRTH
Vehicle License Number: 7649JA FL
A.M.
IF DIFFERENT THAN DRIVER'S LICENSE, "X" HERE
TELEPHONE NUMBER
Violation Date and Time: 8/3/2012 5:51:29PM
o NO o
o Option A: PAYMENT BY MAIL $256.00 must be received by 09/05/2012
payable by check or money order to the Orange County Clerk of Court. Sign
and mail this original Citation with your payment. Please keep a copy for your
records. MAILING ADDRESS FOR THE CLERK OF COURT: Orange County
Clerk of the Court, 425 N. Orange Ave., Orlando, FL 32801. DO NOT MAIL
CASH.
PAYMENT IN PERSON $256.00 may be paid in person at the Clerk of the
Court, 1111 N. Rock Springs Rd., Apopka, FL 32712 on or before 09/05/2012.
Include this original Citation with your payment. Please keep a copy for your
records.
PAYMENT ONLINE
www.myorangeclerk.com
o Option B: REQUEST A HEARING To Plead Not Guilty - request a court
hearing prior to 09/05/2012. Sign and mail this original Citation to the Orange
County Clerk of the Court, 425 N. Orange Ave., Orlando, FL 32801. Please
keep a copy for your records. If the official determines no infraction has been
committed, no costs or penalties shall be imposed and any costs or penalties
which have been paid shall be returned. TO REQUEST A HEARING, CHECK
THE OPTION B BOX. IF THIS BOX IS NOT CHECKED A HEARING WILL
NOT BE SCHEDULED. THE COURT WILL SCHEDULE YOUR HEARING AND
NOTIFY YOU OF THE DATE, TIME AND LOCATION.
OF NODE _________________________
DID UNLAWFULLY COMMIT THE FOLLOWING OFFENSE:
VIOLATION OF STATE STATUTE 316.075(1)(c)1 and 316.074(1) FAILURE TO STOP AT A RED TRAFFIC SIGNAL PURSUANT TO F.S. 316.0083
SIGNATURE OF VIOLATOR
DATE
ATSCOP
ATSCOP
TROOPER/OFFICER NAME & RANK
BADGE NUMBER
SIGNATURE OF OFFICER
ID NUMBER
VIEW YOUR IMAGES AND VIDEO EVIDENCE OBTAINED FOR THIS CASE: The
recorded images and video of your violation will be submitted as evidence
for the disposition of this violation. You have the right to examine and
observe your images and video online at www.ViolationInfo.com. You will
need your Notice # and PIN printed on the top of this Notice inside the red
box. If you do not have Internet access, you have the right to examine and
observe your video and images at your local library or in the lobby of the
Apopka Police Department, 112 E. 6th Street, Apopka, FL 32703.
o Option C: If you are the registered owner of the vehicle, you are
deemed responsible for the penalty unless, in compliance with Florida
Statute 316.0083(1)(d)(1)-(4), you establish by a notarized affidavit that a
statutory
exemption
applies.
Please
visit
and
log
into
www.ViolationInfo.com to obtain an Affidavit.