HomeMy WebLinkAbout1999-081-07/06/1999-APPROVING EXTENSION OF ATS-REDFLEX, LLC (AMERICAN TRAFFIC SYSTEMS) AGREEMENT AS AN EXCEPTION TO THE RESOLUTION 99-81
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EXTENSION OF THE ATS-REDFLEX, LLC (AMERICAN TRAFFIC
SYSTEMS) AGREEMENT AS AN EXCEPTION TO THE
COMPETITIVE PURCHASING PROCESS
WHEREAS, in1996, after conducting a competitive bidding process, American Traffic
Systems was selected by the City as its contractor to provide camera radar and red-light camera
services for the enforcement of traffic violations: and
WHEREAS,American Traffic Systems,which has since reorganized and now operates under
the business name of ATS-REDFLEX,LLC,has been providing satisfactory Traffic Camera system
services to the City since1996 under a contract set to terminate on July 31,1999; and
WHEREAS,Police Services has a need to continue using the Traffic Camera system for the
foreseeable future; and
WHEREAS, based on an analysis of the use of the system over the last three years, the
system has been effective in increasing compliance with speed limits within the City and has reduced
the overall accident and injury/accident rates, and
WHEREAS, the Colorado General Assembly in its 1997 session adopted Senate Bill 36,
which enacted provisions intended to restrict the City's ability to administer and conduct traffic
enforcement through its Traffic Camera system; and
WHEREAS, in its 1999 session the General Assembly adopted House Bill 1364, in which
it has sought to restrict even more the City's ability to use its Traffic Camera system; and
WHEREAS, the City, along with other Colorado municipalities, has initiated litigation
against the State of Colorado, seeking the invalidation of these restrictions on the City's Traffic
Camera system that have been imposed by the General Assembly; and
WHEREAS,these events have created substantial uncertainty with regard to the future of the
Traffic Camera system, and future effectiveness of the system for use in Fort Collins; and
WHEREAS, Section 8-160 (d) (1) b. of the Code of the City of Fort Collins authorizes the
Purchasing Agent to negotiate the purchase of supplies and service without utilizing a competitive
process where the Purchasing Agent determines that although a particular material or service is
available from more than one (1) responsible source, a competitive process cannot reasonably be
used, or, if used, will result in a substantially higher cost to the city, will otherwise injure the City's
financial interests or will substantially impede the City's administrative functions or the delivery of
services to the public; and
WHEREAS, the Purchasing Agent has determined that because of the current uncertainty
in the long-term future of the City's Traffic Camera program created by the newly enacted state
restrictions and pending litigation regarding those restrictions,a new competitive process for traffic
camera services at this time would result in substantially higher cost to the City for such services,
and has submitted his determination to the City Manager for approval; and
WHEREAS, the City Manager has reviewed and concurs in the determination of the
Purchasing Agent that the above exception to for this acquisition; and
WHEREAS,the continuation of the agreement with American Traffic Systems is contingent
upon the appropriation of funds therefor; and
WHEREAS, Section 8-160 (d) (3) requires approval of this purchasing method by the City
Council for items costing more than One Hundred Thousand ($100,000) prior to acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS that the Purchasing Agent is authorized to extend the ATS-REDFLEX LLC
(American Traffic Systems)agreement with the City through December 31,2000.with a City option
to renew it for up to one additional year, contingent upon the appropriation of funds required
therefor.
Passed and adopted at a regular meeting of the City Council held this 6th day of July, AD,
1999.
Manor
ATTEST:
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6ML V
City Clerk