“While it is not appropriate for the Council to approve a Recommendation of Award and not see the final contract, it is inappropriate when the final contract bears no relationship to the Recommendation of Award Approved by the Council,” stated Council President Winter and Councilor O’Malley in their correspondence to the Mayor requesting records that might explain why such a disparity exists between the Recommendation and the actual Redflex contract.

Council staff requests for communications between the City and Redflex which could explain how the terms of the contract were so drastically different were not produced. Other requests for information were also not produced on the basis that certain information was outside the scope of the charge of the Mayor’s Automated Enforcement Study Group. The council staff member subsequently resigned from the group.

“I have a real problem with some of the changes from the Recommendation of Award we approved and the terms of the final contract,” stated Councilor O’Malley. The final contract with Redflex has no provision for termination before the end of 2009, whereas the Draft Agreement had a provision that the City could terminate the agreement with fifteen days notice (a provision which is not uncommon in many City Contracts). Further, the Draft Agreement stated that Redflex would provide “such statements, records, reports, data and information, as the City may request…” This provision was also excluded from the final contract. “This is absolutely outrageous,” said Councilor Michael Cadigan. “Clearly, Redflex had the upper hand in the negotiations. We need to get to the bottom of this, and fast,” he said.

The Council has requested all information pertinent to contract negotiations and has asked the Mayor in their letter to provide said information prior to the Council being asked to act on the Report presented by the Study Group. “As a new member of the Council, I think it is imperative that Council has access to all documents related to matters about which they are to make decisions,” stated Councilor Trudy Jones.