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File ID: #3395
Resolution
Sponsored by: Mayor Francis Suarez, Commissioner Ken Russell, Commissioner
Wifredo Gort, Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO TERMINATE THE CITY OF MIAMI'S ("CITY") AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS, INC., TO FURNISH, INSTALL, OPERATE, AND
MAINTAIN THE CITY'S TRAFFIC INFRACTION DETECTOR PROGRAM; FURTHER
AUTHORIZING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO
IMPLEMENT THE TERMS FOR TERMINATION OF THE AGREEMENT FOR
CONVENIENCE; AND FURTHER DIRECTING THE CITY MANGER AND THE
ADMINISTRATION TO ALLOCATE THE APPROPRIATE RESOURCES TO ADDRESS
ANY BUDGETARY CONSTRAINTS RESULTING FROM THE TERMINATION OF THE
PROGRAM.
City of Miami
Legislation
Resolution
Enactment Number: R-17-0621
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3395 Final Action Date:12/14/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO TERMINATE THE CITY OF MIAMI'S ("CITY") AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS, INC., TO FURNISH, INSTALL, OPERATE, AND
MAINTAIN THE CITY'S TRAFFIC INFRACTION DETECTOR PROGRAM; FURTHER
AUTHORIZING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO
IMPLEMENT THE TERMS FOR TERMINATION OF THE AGREEMENT FOR
CONVENIENCE; AND FURTHER DIRECTING THE CITY MANGER AND THE
ADMINISTRATION TO ALLOCATE THE APPROPRIATE RESOURCES TO ADDRESS
ANY BUDGETARY CONSTRAINTS RESULTING FROM THE TERMINATION OF THE
PROGRAM.
WHEREAS, the City Commission adopted Resolution No. 10-0387, authorizing the City
Manager to execute and enter into an agreement with American Traffic Solutions, Inc. ("ATS"),
to furnish traffic infraction detectors pursuant to the Mark Wandall Traffic Safety Program
enacted by the Florida Legislature in May 2010 (See House Bill 325); and
WHEREAS, on September 21, 2010, the City of Miami ("City") entered into an
agreement with ATS, to furnish, install, operate, and maintain the City's Traffic Infraction
Detector Program ("the Agreement"), commonly referred to as the "Red-light Camera Program";
and
WHEREAS, Section 33 of the Agreement titled, "Termination for Convenience", states
that the City may at any time, after the first year following the initial installation of the cameras,
in its sole discretion, with or without cause, terminate the Contract, in whole or in part, by written
notice; and
WHEREAS, on August 11, 2011, the City and ATS entered into Amendment #1 of the
Agreement; and
WHEREAS, Amendment #1 to the Agreement states that "[e]ither party may terminate
the Contract for convenience in accordance with the terms of Section 33 after the fifth
anniversary of the execution of Amendment by providing written notice to the other party at least
sixty (60) days in advance. Other than payments due under the Contract neither party shall
have recourse against the other from termination for convenience under this Section"; and
WHEREAS, the City is beyond the fifth anniversary of the execution of Amendment #1
and;
WHEREAS, it is the City's desire to exercise its option to invoke the terms under the
Termination for Convenience clauses pursuant to Section 33 of the Agreement and Amendment
#1 of the Agreement; and
WHEREAS, the City Manager is further directed to allocate the appropriate resources to
address any budgetary constraints from terminating the program;
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 and incorporated as if fully set forth in this Section;
Section 2. The City Commission hereby directs the City Manager to terminate the
Agreement by and between the City and ATS to furnish, install, operate, and maintain the City's
traffic infraction detector program.
Section 3. The City Attorney is authorized to take all necessary steps to implement
the terms for termination of the Agreement for Convenience.
Section 4. The City Manager and the Administration are authorized to allocate the
appropriate resources to address any budgetary constraints resulting from termination of the
Program.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
end ez, �i�y Attor ey 12/5/2017