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HomeMy WebLinkAboutR-17-0620City of Miami Legislation Resolution R-17-0620 File Number: 3388 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE MANAGER TO RESCIND THE CITY OF MIAMI'S ("CITY'S") TRAFFIC INFRACTION DETECTOR PROGRAM BY DIRECTING THE CITY MANAGER TO TERMINATE THE CITY'S AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., AND DISMANTLE THE CITY OF MIAMI POLICE DEPARTMENT'S RED-LIGHT CAMERA PROGRAM; FURTHER INSTRUCTING THE CITY MANAGER AND THE ADMINISTRATION TO FIND NEW REVENUES AND/OR TO REDUCE CITY EXPENSES TO MITIGATE THE BUDGETARY SHORTFALL THAT WILL OCCUR AT THE TERMINATION OF THIS PROGRAM. WHEREAS, in May 2010, the Florida State Legislature passed HB 325 promulgating the Mark Wandall Traffic Safety Program which authorizes public entities to implement the use of traffic infraction detectors, subject to rules and procedures established by the Florida Department of Transportation; and 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; and WHEREAS, the City of Miami ("City") entered into an agreement with ATS to establish the City's Traffic Infraction Detector Program on September 21, 2010, and since then, the Miami Police Department ("MPD") has implemented, operated, and maintained the system commonly referred to as the "Red-light Camera Program"; and WHEREAS, the agreement allows the City, in its sole discretion and without cause, to terminate the program by written notice; and WHEREAS, Amendment #1 of the agreement states, "[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 this Amendment by providing written notice to the other party at least sixty (60) days in advance. Other than the payments due under the Contract neither party shall have any recourse against the other from termination for convenience under this Section"; and WHEREAS, the City Manager is directed to send written notice to ATS of the City's termination of the agreement pursuant to its terms and dismantle MPD's Red-light Camera Program; WHEREAS, the City Manager is further directed to immediately explore and implement other viable measures to replace the revenue stream generated by the City's Red-light Camera Program and/or reduce City expenditures to mitigate the budgetary shortfall that will occur at the conclusion of this program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 3388 (Revision:) Printed On: 3/16/2018 File ID: 3388 Enactment Number: R-17-0620 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 rescind the City's Red-light Infraction Program by directing the City Manager to provide ATS a written sixty (60) day Notice of Termination for Convenience pursuant to the terms of the ATS agreement and dismantle MPD's Red-light Camera Program. Section 3. The City Manager and the Administration are further directed to find new revenues and/or to reduce City expenses to mitigate the budgetary shortfall that will occur at the conclusion of this program. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: l Una ndeU�z,ty Httor iey 12/5/2017 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 3388 (Revision:) Printed on: 3/16/2018