Performance Clause

The Red Light Camera system as it is used in College Station, TX violates SB-1119 sec 707.003-2(b) legislation enacted as of September 1, 2007.

The Texas Transposrtation Code in sec.707.003-2(b) “A local authority that contracts for the administration and enforcement of a photographic traffic signal enforcement system may not agree to pay the contractor a specified percentage of, or dollar amount from, each civil penalty collected.”

College Station, TX contracts with American Traffic Solutions for administration and enforcement of their red light camera system.  The ATS contract in sec 11.02 requires that ATS maintain an 85% “Actionable Image Rate Performance Level.” in order for them to receive the full monthly payment of $4,750.00 per intersection monitored.  A failure to produce at least a 85% Actionable Image Rate Performance Level results in a reduction in equal to the percentage ATS fails to produce.  85% is the mark to attain, if ATS produces at 80%, then the compensation for running the system is reduced by 5% in settlement of liquidated damages to College Station.  If compensation is maximized by producing a given number of citations, it stands to reason that the system is a production based system.

Both contractual items violate the words and the spirit of Texas Transportation Code sec.707.003-2(b).