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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #6505 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENTS, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY ACCESS AND SERVICE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY COMPANY REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ILLUMINATION TECHNOLOGIES"), INCLUSIVE OF BONDING AND INSURANCE APPROVED BY THE CITY'S RISK MANAGER, TO ALLOW ILLUMINATION TECHNOLOGIES ACCESS TO CERTAIN RIGHTS OF WAY FOR THE INSTALLATION OF MULTIPURPOSE POLES FOR THE PROVISION, AMONGST OTHER THINGS, OF A VIGILANCE SECURITY NETWORK, INCLUDING A VIGILANCE VIDEO CAMERA NETWORK, FLOOD SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY, FURTHERING THE INTERESTS OF THE PUBLIC'S HEALTH, SAFETY, AND GENERAL WELFARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6505 Final Action Date:5/14/2020 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENTS, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY ACCESS AND SERVICE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY COMPANY REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ILLUMINATION TECHNOLOGIES"), INCLUSIVE OF BONDING AND INSURANCE APPROVED BY THE CITY'S RISK MANAGER, TO ALLOW ILLUMINATION TECHNOLOGIES ACCESS TO CERTAIN RIGHTS OF WAY FOR THE INSTALLATION OF MULTIPURPOSE POLES FOR THE PROVISION, AMONGST OTHER THINGS, OF A VIGILANCE SECURITY NETWORK, INCLUDING A VIGILANCE VIDEO CAMERA NETWORK, FLOOD SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY, FURTHERING THE INTERESTS OF THE PUBLIC'S HEALTH, SAFETY, AND GENERAL WELFARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") wishes to enter into a Right of Way Access and Service Agreement ("Agreement"), in substantially the form attached and incorporated as Exhibit "B," with Illumination Technologies, LLC, a foreign limited liability company registered to conduct business in the State of Florida ("Illumination Technologies"), to allow Illumination Technologies access to identified public right-of-way areas of the City identified in the Agreement for the provision, installation, and maintenance of Multipurpose Poles; and WHEREAS, the Agreement further provides for a Vigilance Security Network, including the use of vigilance video cameras and the necessary equipment for the transmission of images through optical fiber or other means and connected through a network terminating at a designated central station; "Flood Sensors" for the monitoring of flood prone areas in real-time to rapidly alert officials and others of potential threats of rising water levels; and tag readers installed for the reading of motor vehicle tags entering or exiting the area in question; and WHEREAS, the Agreement for the Multipurpose Poles, installed and maintained by Illumination Technologies at no cost to the City, furthers the best interests of the City and its residents and furthers the objectives of the public's safety, health, and general welfare by enhancing security, flood monitoring, and other enhancements which serve the public's interests; and WHEREAS, the City's District 4 Commissioner wishes to partner with Illumination Technologies to bring to selected areas of the City the benefits of establishing the Vigilance Security Network as provided for in the Agreement; and WHEREAS, Illumination Technologies is an established company providing municipal infrastructure solutions related to security, urban illumination, and on street connectivity, amongst other products and services; and WHEREAS, Illumination Technologies shall construct, install, repair, and maintain its Multipurpose Poles, inclusive of any facilities thereon, utilizing its own personnel and at its sole cost, as provided for in the Agreement; and WHEREAS, due to the uniqueness of this Agreement and the related goods and services, the City Manager has made a recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive sealed bidding methods and procedures are not practicable or advantageous to the City; and WHEREAS, the recommendation and written findings, attached and incorporated as Exhibit "A," must be ratified and confirmed and the award approved by an affirmative vote of four -fifths (4/5ths) of the City Commission; NOW, THEREFORE, BE IT ORDAINED 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive sealed bidding methods and procedures as not being practicable or advantageous to the City are hereby ratified, confirmed, and approved. Section 3. The City Manager is authorized to execute the Agreement, in substantially the form attached and incorporated as Exhibit "B," with Illumination Technologies, inclusive of bonding and insurance approved by the City's Risk Manager, to allow Illumination Technologies access to certain rights of way for the installation of Multipurpose Poles for the provision, amongst other things, of a Vigilance Security Network, including a vigilance video camera network, Flood Sensors, and tag readers, all at no cost to the City, furthering the interests of the public's health, safety, and general welfare. Section 4. The City Manager is further authorized to negotiate and execute any and all amendments and extensions thereto, all in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 12/3/2019 rt6 ia it de��S z, pity ttor