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HomeMy WebLinkAboutR-11-0324City of Miami Legislation Resolution: R-11-0324 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00608 Final Action Date: 7/28/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO THE CONTRACT WITH AMERICAN TRAFFIC SOLUTIONS, INC., IN SUBSTANTIALLY THE ATTACHED FORM, TO FURNISH, INSTALL, OPERATE AND MAINTAIN A TRAFFIC INFRACTION DETECTOR PROGRAM FOR THE CITY OF MIAMI, INCLUDING PROVISIONS THAT ARE MORE ADVANTAGEOUS TO THE CITY OF MIAMI. WHEREAS, on September 16, 2010, pursuant to Resolution No. 10-0387, the City Commission authorized the execution of a contract with American Traffic Solutions, Inc. ("ATS") to furnish, install, operate and maintain a Traffic Infraction Detector Program for the City of Miami ("City"); and WHEREAS, the City wishes to amend the contract to include provisions that are more advantageous to the City; and WHEREAS, the payment provision is being modified to maximize the City's revenue potential, such that the total fee paid to the contractor in each month shall not exceed forty percent (40%) of the total revenue generated by the program less the revenue paid to the State of Florida pursuant to Section 316.0083 (1)(b)2, Florida Statutes, during that month; and WHEREAS, said change shall be in effect retroactively as of January 1, 2011; and WHEREAS, the City has agreed to extend the term of the Contract from five (5) years with options to renew for up to two (2), two (2)year additional terms to ten (10) years with automatic renewals for up to two (2), two (2) year additional terms; and WHEREAS, ATS and the City have agreed that either party may terminate the Contract for convenience after the fifth anniversary of the execution of Amendment Number 1 by providing written notice to the other party at least sixty (60) days in advance; and WHEREAS, ATS and the City have agreed to the installation of up to forty (40) additional cameras at mutually agreeable locations; WHEREAS, it is necessary to execute Amendment Number 1, for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 2 File Id: 11-00608 (Version: 2) Printed On: 10/17/2017 File Number: 11-00608 Enactment Number: R-11-0324 Section 2. The City Manager is authorized{1} to execute Amendment Number 1 to the contract with ATS, in substantially the attached form, to furnish, install, operate and maintain a Traffic Infraction Detector Program for the City, including provisions that are more advantageous to the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 11-00608 (Version: 2) Printed On: 10/17/2017