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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE * °°°°° ......° File ID: #6562 Resolution Sponsored bv: Commissioner Manolo Reves A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACQUIRE THE POLES, HARDWARE, AND ALL OTHER EQUIPMENT OF THE ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM (COLLECTIVELY, "EQUIPMENT") THAT HAS NOT BEEN REMOVED BY AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS") PURSUANT TO THE AGREEMENTS AND PRIOR CORRESPONDENCE WITH ATS; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORMALLY NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY'S ACQUISITION OF ALL OF THE EQUIPMENT FROM ATS; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, TO OBTAIN TITLE TO SAID EQUIPMENT FOR USE BY THE MIAMI POLICE DEPARTMENT'S REAL TIME CRIME CENTER AND TO SEEK ANY AND ALL APPROPRIATE REMEDIES; FURTHER DIRECTING THE CITY MANAGER TO PRESENT ANY FUTURE EXTENSIONS OF TERMS WITH ATS FOR FINAL APPROVAL BY THE CITY COMMISSION. File Number: 6562 City of Miami Legislation Resolution Enactment Number: R-19-0469 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACQUIRE THE POLES, HARDWARE, AND ALL OTHER EQUIPMENT OF THE ACTIVE TRAFFIC INFRACTION DETECTOR SYSTEM (COLLECTIVELY, "EQUIPMENT") THAT HAS NOT BEEN REMOVED BY AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS") PURSUANT TO THE AGREEMENTS AND PRIOR CORRESPONDENCE WITH ATS; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORMALLY NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY'S ACQUISITION OF ALL OF THE EQUIPMENT FROM ATS; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, TO OBTAIN TITLE TO SAID EQUIPMENT FOR USE BY THE MIAMI POLICE DEPARTMENT'S REAL TIME CRIME CENTER AND TO SEEK ANY AND ALL APPROPRIATE REMEDIES; FURTHER DIRECTING THE CITY MANAGER TO PRESENT ANY FUTURE EXTENSIONS OF TERMS WITH ATS FOR FINAL APPROVAL BY THE CITY COMMISSION. WHEREAS, pursuant to Resolution No. 17-0620 adopted on December 14, 2017, the City Commission directed the City Manager to terminate the City of Miami's ("City") agreement ("Agreement") with American Traffic Solutions, Inc. ("ATS") which allowed ATS to furnish, install, operate, and maintain the City's traffic infraction detector program ("Program"); and WHEREAS, on December 29, 2017, the City Manager sent written notification to ATS, advising of the City's Resolution to terminate the Agreement and providing sixty (60) days' notice of the effective date of the Program's 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 was obligated to promptly remove ATS's Active Traffic Infraction Detector System and any other equipment or materials (collectively, "Equipment") upon the termination of the Agreement; and WHEREAS, nearly nine (9) months after the Program was officially shut down, the Equipment remains installed along numerous intersections throughout the City; and WHEREAS, pursuant to Resolution No. 19-5159 adopted on November 15, 2018, the City Commission directed the City Manager to notify ATS that the City has terminated all easement agreements granted to ATS for installation and maintenance of all Equipment associated with the Program, pursuant to the Agreement within one hundred twenty (120) days from the date of written notification, after which all Equipment not collected by ATS would be deemed abandoned and become property of the City; and WHEREAS, in correspondence dated June 17, 2019, the City Manager notified ATS that all easement agreements pursuant to the Agreement had been terminated and all Equipment was deemed abandoned; and WHEREAS, upon receiving notice of intent dated June 17, 2019 and the following one hundred twenty (120) day period, ATS should have removed all Equipment prior to October 15, 2019; and WHEREAS, as of the date of this Resolution, the Program has been officially shut down for the past 630 days, or one (1) year, eight (8) months, and 20 days; however, the Equipment remains installed along numerous intersections throughout the City; and WHEREAS, the City Commission finds that ATS' delay in removing the Equipment throughout the City is excessive and unreasonable and, therefore, said Equipment is hereby deemed abandoned; and WHEREAS, the City Commission finds that it is in the best interest for the safety of the City's residents, business owners, and property owners to expand the Miami Police Department's ("MPD") Real Time Crime Center ("RTCC") with the Equipment abandoned by ATS; and WHEREAS, the City Manager is directed to take any and all actions necessary to acquire title and take possession of all remaining Equipment that has been abandoned by ATS, consistent with the terms of the Agreement and previous correspondence, without expending City funds as payment for purchase of said Equipment; and WHEREAS, the City Manager is further directed to officially notify the Florida Department of Transportation ("FDOT") of the intended use of the abandoned Equipment by MPD and to obtain approval from FDOT for this public safety use; and WHEREAS, the City Commission further authorizes and directs the City Attorney to take any and all action(s) as deemed necessary in the reasonable professional discretion of the City Attorney, in law or equity, to obtain legal title to the Equipment that has been abandoned by ATS and seek the appropriate remedy for all losses, costs, and expenses incurred by the City as a result of ATS' abandonment of the Equipment throughout the City; and WHEREAS, acquisition of title by the City Manager and/or City Attorney for all Equipment for use by MPD's RTCC should be completed within ninety (90) days, or as soon as practicable; and WHEREAS, the City's Administration is directed to present all future negotiations and/or prior extensions of terms relating to the Agreement and previous ATS correspondence for final approval by the City Commission; 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 Manager is hereby authorized' and directed to take any and all action(s) necessary to acquire and take possession of the Equipment that has not been removed by ATS. Section 3. The City Attorney is hereby authorized' and directed to take any and all action(s) as deemed necessary in the reasonable professional discretion of the City Attorney, in law or equity, to obtain title to said Equipment, for use by MPD's RTC, and to seek appropriate remedies within ninety (90) days from the date this Resolution is adopted. Section 4. The City's Administration shall present all future negotiations and/or prior extensions of terms between the City and ATS for final review or approval by the City Commission. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: . � l i ria i "ndez, City Attortey 11/5/2019 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 City Code provisions. Z 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.