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Home My WebLink About2019-126-3255 Agreement w/ Miami Dade County - LPR Equipment RESOLUTION NO. 2019-126-3255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH MIAMI- DADE COUNTY FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF LICENSE PLATE READER EQUIPMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as part of the License Plate Reader (LPR) projects across the City of Miami Gardens an agreement with Miami-Dade County for the maintenance, repair and replacement of the LPR hardware is required, and WHEREAS, this Agreement will place responsibility with the City of Miami Gardens for all necessary maintenance and repairs to the hardware attached to the Miami Dade County maintained signal infrastructure, and WHEREAS, the maintenance and repairs that become necessary will be conducted by the chosen vendor previously approved by the City Council at previous Council meetings, and WHEREAS, the City of Miami Gardens entered into a contract extension with American Traffic Solutions (ATS) on June 28, 2018 and the Council has approved an expansion of the LPR System at the regular meeting on March 27, 2019, and WHEREAS, these planned installations are the beginning of a larger LPR deployment that is planned as part of the Public Safety Technology upgrades within the Bond Implementation Plan, and WHEREAS, as part of the permitting submittals to Miami Dade County, the County is requesting a master agreement from the City of Miami Gardens to place responsibility of the continued maintenance, repair and replacement of the LPR hardware with the City of Miami Gardens, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1 : ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and the City Clerk, to execute and attest respectively, that certain agreement with Miami-Dade County for the future continued maintenance, repair and replacement of license plate reader equipment installed on traffic light infrastructure, a copy of which is attached hereto as Exhibit "A". Section 1 EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 22, 2019. OLIV R T, III, MAYOR ATTEST: MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 2 Resolution No. 2019-126-3255 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Mayor Gilbert Seconded by: Vice Mayor Harris VOTE: 7-0 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr X (Yes) (No) 3 Resolution No. 2019-126-3255 COVENANT RUNNING WITH THE LAND FOR THE INSTALLATION AND MAINTENANCE OF LICENSE PLATE READER SYSTEMS WITHIN CERTAIN RIGHTS-OF-WAY THIS COVENANT, made and entered this 8th day of May, A.D. 2019, by and between The City of Miami Gardens hereinafter referred to as "City", and MIAMI DADE COUNTY, a political subdivision of the State of Florida, and its successors in interest, whose Post Office address is 111 NW 1st Street, Miami Florida 33128-1970, hereinafter referred to as "County", WITNESSETH: WHEREAS, the City of Miami Gardens requests permission to install license plate reader (the "LPR") technology to include but not be limited to license plate reader cameras and related components (the "technology"), on the signal lighting infrastructure listed at various locations listed on Appendix "A" (the "Property"), City of Miami Gardens Project located per the above, Miami Gardens, Florida, in accordance with the prepared by the City of Miami Gardens; and WHEREAS, the City of Miami Gardens and Miami-Dade County are mutually desirous of providing assurances for the future continued maintenance, repair and replacement, when necessary, of the technology; and WHEREAS, the City of Miami Gardens shall be responsible for the maintenance of the technology. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein provided, the parties hereto agree as follows: 1. The above recitals are true and correct, and incorporated herein. 2. To the extent allowed by Florida Statutes§768.28,the City of Miami Gardens does hereby agree to indemnify, defend and hold harmless Miami-Dade County and the County's officials, employees and agents from and against any and all claims, actions, proceedings, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorney's fees and costs of suit incurred in connection with such claims), arising out of, or resulting from the injury to or the death of any person, or damage to the property of any person, occurring in or upon the Property that may arise by virtue of the City of Miami Gardens' own negligence which may come from Miami-Dade County permitting the installation of the technology within the public right-of-way, or from the City of Miami Gardens' negligent failure to maintain the technology. Notwithstanding the foregoing, nothing herein shall be deemed to be a waiver of the City's limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 3. The City agree it is responsible, at its sole cost and expense for the maintenance, repair, and replace, when necessary, of the technology. If it becomes necessary for Miami- Dade County to make repairs, maintain or replace the technology, by reason of the City 1 of Miami Gardens' failure to do so, such expense shall be paid by the City of Miami Gardens. The City shall maintain the Property in a safe and clean manner. 4. The City of Miami Gardens does hereby agree that no improvement or article shall be constructed, altered or in any way modified without prior approval from the Director of Public Works (DTPW), and agrees to remove any non-approved alterations or modifications to the Improvements at the City of Miami Gardens' own expense, within 90 days' notice by the County to do so. Failure to comply with this notice will result in Miami- Dade County causing any such alterations or modifications to the Improvements to be removed and all costs incurred in the removal and disposal of the Improvements shall be assessed against the City of Miami Gardens. No improvement or structure shall be permitted which is inconsistent with or impedes the appropriate movement of traffic, the safe and convenient transportation of people, or that causes any distraction to drivers or is otherwise hazardous to pedestrians or traffic flow,to be determined in the sole discretion of DTPW. 5. The undersigned further agrees that these conditions shall be deemed a Covenant running with the land and shall remain in full force and effect and be binding on the City of Miami Gardens until such time as this obligation has been cancelled by an affidavit filed in the Public Records of Miami-Dade County, Florida by the Director of the Department of Transportation and Public Works (or their fully authorized representative). Signed, sealed, executed and acknowledged on the day of ' 2019. WITNESS: CITY OF MIAMI GARDENS, a municipal corporation of the State of Florida By: By: MARIO BATAILLE CAMERON BENSON CITY CLERK CITY MANAGER Approved as to form and legal sufficiency: By: SONJA K. DICKENS CITY ATTORNEY CITY OF MIAMI GARDENS Signed, sealed, executed and acknowledged on the day of ' 2018. 2 WITNESS: MIAMI-DADE COUNTY, a political subdivision of the State of Florida Harvey Ruvin, Clerk By: By: County Deputy Clerk Miami-Dade County Mayor or Designee Approved as to form and legal sufficiency: Assistant County Attorney 3 EXHIBIT "A" List of 36 Intersections for Technology Installation 1. NW 2"d Avenue/NW 215"' Street 2. NW 2"d Avenue/NW 199th Street 3. NW 2"d Avenue/NW 183`d Street 4. NW 2nd Avenue/7th Avenue Extension 5. NW 7th Avenue/NW 199th Street 6. NW 7th Avenue/NW 183`d Street 7. NW 7th Avenue/NW 175"' Street 8. NW 17th Avenue/NW 183`d Street 9. NW 17th Avenue/NW 175th Street 10. NW 17th Avenue/State Road 826 11. NW 22nd Avenue/State Road 826 12. NW 22nd Avenue/NW 151St Street 13.NW 22nd Avenue/NW 183`d Street 14. NW 22nd Avenue/NW 175th Street 15. NW 27th Avenue/NW 215th Street 16. NW 27th Avenue/NW 199th Street 17. NW 27th Avenue/NW 191'Street 18.NW 27th Avenue/NW 183`d Street 19. NW 27th Avenue/NW 175th Street 20. NW 27th Avenue/State Road 826 21. NW 27th Avenue/NW 151St Street 22. NW 37th Avenue/NW 215th Street 23.NW 37th Avenue/NW 199th Street 24.NW 37th Avenue/NW 191" Street 25.NW 37th Avenue/NW 183`d Street 26. NW 37th Avenue/NW 175th Street 27. NW 37th Avenue/ State Road 826 28. NW 37th Avenue/NW 151St Street 29. NW 47th Avenue/NW 215th Street 30.NW 47th Avenue/NW 199th Street 31.NW 47th Avenue/NW 191St Street 32.NW 47th Avenue/NW 183`d Street 33.NW 47th Avenue/State Road 826 34.NW 57th Avenue/NW 159th Street 35. NW 22"d Avenue/NW 183`d Street 36. NW 57th Avenue/ State Road 826 4