OSCO License Plate Camera AGREEMENT
FOR THE INSTALLATION, OPERATION, AND MAINTENANCE
OF LICENSE PLATE RECOGNITION CAMERA WITHIN THE CITY OF OKEECHOBEE MAINTAINED
RIGHT-OF-WAY
THIS AGREEMENT is made and entered into effective this , J fi day of (✓C-t--Dbe,r" 2023,
between the OFFICE OF THE SHERIFF OF OKEECHOBEE COUNTY FLORIDA, ("SHERIFF"); and the
CITY OF OKEECHOBEE, FLORIDA, a municipal corporation, ("CITY"), for the installation, operation, and
maintenance of certain equipment, owned by the SHERIFF and described herein, within a CITY maintained
right-of-way (ROW) described herein.
WHEREAS, the SHERIFF has the responsibility to provide certain law enforcement services that maintains
a safe community and benefits the citizens of the incorporated limits of the CITY and Okeechobee
County; and
WHEREAS, one of the multiple forms of equipment to be used to assist local law enforcement agencies are
specialized license plate recognition cameras which scans the license plate on every vehicle that
passes the camera and instantly begins searching law enforcement databases to determine if the
plate is linked to infractions such as an active warrant, Amber Alert, Silver Alert, or stolen vehicle,
and can alert for law enforcement officers to be dispatched to the area; and
WHEREAS, the SHERIFF; has acquired such equipment, and has approached the CITY requesting
permission to install a license plate recognition camera within a certain CITY maintained ROW; and
WHEREAS, the CITY agrees the use of such equipment would be a benefit to the community and is willing
to grant the SHERIFF permission to install, operate, and maintain the license plate recognition
camera within the CITY maintained ROW; and
NOW, THEREFORE, the parties set forth the following understandings for the purpose of the working
arrangement and procedures that have been contemplated by the CITY and SHERIFF, and in
consideration of the premises, mutual conditions, covenants, and obligations hereafter expressed, it
is agreed as follows:
1. Recitals. The foregoing recitals are true and correct and constitute the material basis for
this Agreement. Said recitals are hereby ratified and made a part of this Agreement.
2. CITY grants authority to the SHERIFF to install, operate, and maintain a license plate
recognition camera solely within City Rights of Way ("ROW"), which locations shall be
reviewed and approved by the City prior to installation.
3. The SHERIFF shall hold the CITY harmless and indemnify the CITY for any accident, injury,
property damage, or claims of any nature made by any person concerning the equipment or
its location within the ROW.
4. The SHERIFF shall not assign, transfer, or delegate any interest in this Agreement without
the prior written consent of the CITY.
5. Changes in this Agreement, whether by modification or supplementation, must be
accomplished by a formal amendment fully executed and approved by duly authorized
representatives of the SHERIFF and the CITY.
6. This Agreement shall commence upon the date noted above and shall be in effect until
terminated as described below.
a. The CITY may terminate this Agreement at any time due to safety concerns or for a
material breach of contractual obligations by providing the SHERIFF with a written notice
of termination. Should the CITY exercise its right to terminate this Agreement for such
reasons, the cancellation will become effective upon the date specified in the notice of
termination sent to the SHERIFF.
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b. The CITY may terminate this Agreement for any other reason, by providing thirty (30)
days prior written notice to the SHERIFF.
c. The CITY may terminate this Agreement immediately if the SHERIFF or its license plate
recognition camera vendor fails to provide an acceptable level of cyber security as
determined by the SHERIFF.
7. The SHERIFF shall prepare plans for constructing each license plate recognition camera,
supports, and bases for review and approval by and at the sole discretion of the CITY.
8. The SHERIFF shall be responsible for acquiring all easements and/or ROW necessary for
the installation, operation, and maintenance of license plate recognition camera equipment.
9. The SHERIFF shall be responsible for all costs associated with the furnishing, installing, and
maintaining of license plate recognition camera, including all requirements mandated by the
CITY to accommodate the license plate recognition camera equipment and the removal of
each camera if this Agreement is terminated as described above.
10. The SHERIFF, its approved installer, or its license plate recognition camera vendor shall
furnish, install, and maintain all license plate recognition cameras, supports, and bases. The
installation, operation, or maintenance of any such equipment shall not alter or affect the
mobility of any mode of transportation on any sidewalk or roadway dedicated for public use.
11. All proposed license plate recognition camera(s) installation shall meet the following criteria.
a. Support pole(s) shall be free standing and be compliant with the Manual for Assessing
Safety Hardware (MASH).
b. Camera(s) shall be solar powered with no hard-wired electrical power connection.
c. Camera(s) shall transmit images of license plates only via a secure cellular or wireless
connection.
12. Any proposed license plate recognition camera(s) that do not meet the requirements set
forth in paragraph 11 will require prior review and approval by the City.
13. This Agreement does not authorize the use of any other type of equipment and/or camera(s)
to be installed, operated, or maintained other than license plate recognition camera(s). If the
SHERIFF desires any other equipment to perform any function other than license plate
recognition, their installation, operation, and/or maintenance will have to be addressed in a
separate Agreement and permit.
14. The SHERIFF, its approved installer, and/or its license plate recognition camera vendor shall
be responsible for obtaining and paying for all applicable permits. For any required permit,
the SHERIFF shall be listed as the Permittee and shall pay all associated permit costs
15. If at any time, as determined by the CITY, any license plate recognition camera equipment
needs to be relocated, the relocation of said equipment shall be the responsibility of the
SHERIFF at no cost to the CITY. Suppose the CITY should expend any funds in connection
with the installation, maintenance, relocation, or removal of said license plate recognition
camera(s). In that case, the SHERIFF shall reimburse the CITY for the same.
16. The SHERIFF, its approved installer, and/or its license plate recognition camera vendor shall
only conduct work approved by authorized the CITY Administrator or their designee.
17. The SHERIFF shall be responsible for all repairs and/or adjustments determined to be
necessary due to vandalism, knockdowns and/or acts of God.
18. This Agreement shall be construed to be in accordance with the laws of the State of Florida.
19. To the fullest extent permitted by law, the SHERIFF shall defend, indemnify, and hold the
CITY and its agents, officials, and employees harmless from and against all claims,
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damages, losses, and expenses, including reasonable attorney fees and costs, arising out
of, or resulting in whole or in part from, any act or omission of the SHERIFF or their
contractors, subcontractors, agents, or employees.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date written above:
AS TO THE OK H EE COUNTY RIFF OFFICE:
Noel Steph s, Sh riff
Date: 9 �� �
AS TO THE CITY OF ECHOBEE:
Gar ter, City Administrator
Date: q /i+/9C n
. --- /'-'
David Allen, Public Works Director
Date: Ct IN /2D
(CITY SEAL)
Lane amiotea, C C, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
John F. umero, City Attorney
Nason Yeager Gerson Harries & Fumero, P.A.
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