Discussion Item –Red Light Camera Update

Presented by

Johnny Richardson, Manager, Purchasing & Contracts

andDana Crosby, Assistant County Attorney

Board of County Commissioners

April 6, 2010

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

Review of Recent BCC Action

March 24, 2009 – BCC adopted an ordinance tracking HB 439 (2009 session) requirements for a red light enforcement program.

May 8, 2009 – Legislature adjourned sine die without passage of a red light bill.

May 19, 2009 – BCC directed County Attorney to draft an ordinance to create a completely local code enforcement-type process for red light violations captured on camera.

Overview

Review of Recent BCC Action

June 23, 2009 – BCC adopted the updated ordinance (ord. 2009-17)

In addition to creating a local code enforcement process for red light violations, Ordinance 2009-17:

Allows the BCC to suspend a program, once implemented, by vote of the BCC if a court rules a local program illegal in Florida.

Overview

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

Numerous lawsuits have been filed across Florida in the last year.

In Masone v. City of Aventura and ATS the circuit court found the City’s code in conflict with state law due to preemption and reaffirmed Attorney General’s opinions

Court stayed order while City appeals.

Legal Activity – Lawsuits

The Masone decision is out of the 11th Circuit (Miami-Dade Circuit Court)

At least six cases are currently pending in Miami-Dade County.

Four cases are pending in our Circuit (the 9th Circuit):

Apopka (two cases), Ocoee and Orlando.

Masone is not binding statewide but affirms the Attorney General’s opinions and is persuasive in the other cases.

Legal Activity – Lawsuits

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

Five bills are filed in the 2010 session:

Three bills create a comprehensive statewide program:

• Provides for some revenue to the state

• Recognizes preexisting programs and/or equipment (SB 294, HB 325 and SB 2166)

Two bills expressly preempt such a red light program to the state (SB 2712 and HB 1235)

Legal Activity - Legislation

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

INITIAL SOLICITATION INVITATION FOR BIDS Y9-1041

TERM CONTRACT FOR RED LIGHT SAFETY ENFORCEMENT

• June 26, 2009 -- IFB issued• July 28, 2009 – County received two bids:• Traffipax - $2,658,000• American Traffic Solutions (ATS) - $2,439,000• August 3, 2009 - Recommended award to

Traffipax• August 10, 2009 – ATS protested• October 9, 2009 – County determined both bids

were non-responsive

Review of Bids

RE-BID INVITATION FOR BIDS Y10-155

TERM CONTRACT FOR RED LIGHT SAFETY ENFORCEMENT PROGRAM

• Nov. 16, 2009 – IFB issued • Dec. 17, 2009 – County received two bids: • American Traffic Solutions (ATS) - $1,746,000• Traffipax - $2,388,000• Jan. 19, 2010 – Recommended award to ATS;

no protests were received• April 16, 2010 – Bid acceptance period expires

Review of Bids

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

• APPROVE AWARD TO AMERICAN TRAFFIC SOLUTIONS (ATS) AND IMPLEMENT ENFORCEMENT PROGRAM

• ACCEPT THE EXTENSION OF ATS’ BID ACCEPTANCE PERIOD FOR 120 DAYS TO AWAIT THE OUTCOME OF PENDING LEGISLATION AND/OR A FINAL COURT DECISION

• CANCEL SOLICITATION UNTIL PASSAGE OF AUTHORIZING LEGISLATION AND/OR FINAL COURT DECISION

Board Options

• Overview

• Legal Activity

•Lawsuits

•Legislation

• Review of Bids

• Board Options

• Board Direction

Presentation Outline

Staff Recommendation: ACCEPT THE BID EXTENSION OF ATS FOR A PERIOD

OF 120 DAYS TO AWAIT THE OUTCOME OF PENDING LEGISLATION OR A FINAL COURT

DECISION

Board Direction

Discussion Item –Red Light Camera Update

Presented by

Johnny Richardson, Manager, Purchasing & Contracts

andDana Crosby, Assistant County Attorney

Board of County Commissioners

April 6, 2010