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itself IF File ID: #5159
< a R 9 Resolution
Sponsored by: Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE MANAGER TO
NOTIFY AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS") THAT THE CITY OF MIAMI ("CITY")
HEREBY TERMINATES ANY AND ALL EASEMENT AGREEMENTS ASSOCIATED WITH THE
ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM AGREEMENT; FURTHER
DIRECTING THE CITY MANAGER TO NOTIFY ATS TO COLLECT AND REMOVE ALL
ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM HARDWARE AND ANY OTHER
EQUIPMENT OR MATERIALS ASSOCIATED WITH THE CITY'S RED LIGHT CAMERA
PROGRAM WITHIN 120 DAYS, AFTER WHICH ALL EQUIPMENT WILL BE DEEMED
ABANDONED AND BECOME PROPERTY OF THE CITY PURSUANT TO CHAPTER 705,
FLORIDA STATUTES.
File Number: 5159
City of Miami
Legislation
Resolution
Enactment Number: R-18-0526
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE MANAGER
TO NOTIFY AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS") THAT THE CITY OF
MIAMI ("CITY") HEREBY TERMINATES ANY AND ALL EASEMENT AGREEMENTS
ASSOCIATED WITH THE ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM
AGREEMENT; FURTHER DIRECTING THE CITY MANAGER TO NOTIFY ATS TO
COLLECT AND REMOVE ALL ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM
HARDWARE AND ANY OTHER EQUIPMENT OR MATERIALS ASSOCIATED WITH
THE CITY'S RED LIGHT CAMERA PROGRAM WITHIN 120 DAYS, AFTER WHICH
ALL EQUIPMENT WILL BE DEEMED ABANDONED AND BECOME PROPERTY OF
THE CITY PURSUANT TO CHAPTER 705, FLORIDA STATUTES.
WHEREAS, on September 16, 2010, the City Commission adopted Resolution No. R-
10-0387 authorizing the City Manager to execute and enter into an agreement ("Agreement")
with American Traffic Solutions, Inc. ("ATS") to furnish, install, operate, and maintain a Traffic
Infraction Detector Program ("Program") for the City of Miami ("City"); and
WHEREAS, on December 14, 2017, the City Commission adopted Resolution No. R-17-
0620 directing the City Manager to terminate the Agreement with ATS; and
WHEREAS, on December 29, 2017, the City Manager sent written notification of the
City's termination of the Agreement to ATS providing 60 days' notice to the effective date of
Program termination as required by the Agreement; and
WHEREAS, the Program was officially shut down on February 28, 2018; and
WHEREAS, pursuant to the terms of Paragraph 63 of the Agreement, ATS is obligated
to promptly remove ATS' Active Traffic Infraction Detector System and any other equipment or
materials (collectively, "Equipment") upon the termination of the Agreement; and
WHEREAS, the Equipment remains installed along numerous intersections throughout
the City; and
WHEREAS, the Equipment has not been operative for the past nine (9) months; and
WHEREAS, the City hereby terminates all easement agreements granted to ATS for
installation and maintenance of all Equipment associated with the Program pursuant to the
Agreement; and
WHEREAS, the City Manager is directed to notify ATS that all easement agreements
pursuant to the Agreement have been terminated and all Equipment must be dismantled and
removed from the City within 120 days from the date this Resolution is adopted; and
WHEREAS, the City Manager is further directed to notify ATS that all Equipment which
remains within the City after 120 days from the City Manager's written notification shall be
deemed abandoned and will be removed and disposed of pursuant to chapter 705, Florida
Statutes; and
WHEREAS, ATS will be liable for the costs expended by the City for removal of any
Equipment that remains after the 120 days' notice pursuant to chapter 705, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to notify ATS that the
City has terminated all easement agreements associated with the Agreement.
Section 3. The City Commission further directs the City Manager to notify ATS to collect
and remove all Equipment associated with the Program within 120 days of the date of this
Resolution, after which all Equipment remaining will be deemed abandoned and property of the
City pursuant to chapter 705, Florida Statutes.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, City Attor iey 1/23/2019
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.