2009/08/05 Council Agenda Packet

• 71 " ' 9 a g te,3 S # tt t y , A° ss �� w h&r;` , 3s K �0. .., a ` i pr c �y '9 y��- c 5q c a' > c� D Ca c x � ', e. "'� �� :..F`�l � l 3. �;�"\GI ` titi °slorl olOy'r� 57�� e 3 PROJECT TITLE: Concur with the Mayor's Consent COUNCIL BILL# recommendation to delay X Action Originating Department Legal signing the contract with First Reading Contact Person Jim Iles American Traffic Solutions Second Reading Phone Number x8739 Third Reading FOR AGENDA OF August 5, 2009 Public Hearing Initialed by: Department Head CAA Council President Location Preceding Action Attachments Department(s) Approval Adoption of enabling ordinance (12/3/2008) Legal Authorization to contract with American Traffic Solutions (6/17/2009) Amount Budgeted -0- Expenditure Required -0- Account Number(s): Budget Remaining -0- Additional Required -0- DETAILED SUMMARY STATEMENT: Following Council's June 17th authorization for the Mayor to execute the contract with American Traffic Solutions for the provision of automated traffic safety cameras, two class action lawsuits were filed against municipalities currently using such cameras and the two companies providing the cameras. Before signing the contract,the Mayor requested the Legal Department's advice on the effect of the pending litigation. Subsequently, the City Council made a similar inquiry of the Legal Department. Based on the Legal Department's review, if the Mayor signed the contract, the City would be pulled into the pending litigation. At a minimum,the City would be exposed to litigation expenses. If the lawsuits were successful,the City could have expended startup money for a program that no longer met the City's goals and incurred additional exposure such as being liable for refunding any penalty money already collected. For these reasons the Mayor determined it would be in the best interest of the City to delay entering into the proposed contract and by this action is requesting Council's concurrence by motion. If the City delays entering into the contract with American Traffic Solutions,the legal department will continue to monitor the litigation. At such time as the City may proceed without substantial risk, staff will present the issue and propose the program in a manner that complies with the outcome of the litigation and state law,protects the City, and continues to advance the City's goal of increased traffic safety. If Council chooses to go forward with the program at such time, amendments to the City's enabling ordinance may also be necessary. RECOMMENDATION: Concur with the Mayor's recommendation to delay sigpiing the contract with American Traffic Solutions.