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File ID: #3388
Resolution
Sponsored by: Commissioner Joe Carollo
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.
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7 Legislation g Miami, FL 33133
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Resolution
Enactment Number: R-17-0620
File Number: 3388 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:
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:
1
jina City Attor ey 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.