2015-29169 Reso RESOLUTION NO. 2015-29169
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY OF MIAMI BEACH TO ACCEPT A
DONATION FROM RAILS TO TRAILS CONSERVANCY
CORPORATION, OF AN AUTOMATED BICYCLE AND
PEDESTRIAN COUNTER VALUED AT APPROXIMATELY
$6,800, TO MONITOR THE VOLUME OF BICYCLISTS AND
PEDESTRIANS TRAVELING ALONG THE CITY'S
BEACHWALK BETWEEN 21ST STREET AND 22ND STREET;
AND APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE RAILS TO TRAILS
CONSERVANCY CORPORATION TO INSTALL THE
AUTOMATED BICYCLE AND PEDESTRIAN COUNTER AT NO
COST TO THE CITY.
WHEREAS, the City of Miami Beach (the "City") promotes the safe and convenient use of
its bicycle and pedestrian networks by creating, extending, and improving bicycle and
pedestrian facilities along important transportation corridors; and
WHEREAS, the City is currently developing an update to its Bicycle and Pedestrian
Master Plan, in order to enhance bicycle and pedestrian mobility within the City, and to facilitate
access for all modes of transportation; and
WHEREAS, accurate pedestrian and bicycle traffic data is necessary for the City to plan,
design, manage, and monitor the use of the City's transportation networks; and
WHEREAS, Rail to Trails Conservancy Corporation ("Rails-to-Trails") is a nonprofit
organization based in Washington, D.C. that advocates for the protection of walking, biking, and
trail networks, as well as the development of new networks; and
WHEREAS, Rails-to-Trails wishes to donate an automated bicycle and pedestrian
counter (the "Counter Device") to the City, so that the City may collect data on bicycle and
pedestrian traffic, and so that the City and Rails-to-Trails may jointly use such data for research
and planning purposes; and
WHEREAS, Rails-to-Trails will donate and install the Counter Device, at no cost to the
City, on the City's beachwalk between 21st Street and 22nd Street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City to accept a donation from Rails to Trails
Conservancy Corporation, of an automated bicycle and pedestrian counter valued at
approximately $6,800, to monitor the volume of bicyclists and pedestrians traveling along the
City's beachwalk between 21st Street and 22nd Street; and approve and authorize the City
Manager to execute an agreement with the Rails to Trails Conservancy Corporation to install
the automated bicycle and pedestrian counter at no cost to the City.
PASSED and ADOPTED this 1%' day of oc/oh Pr- , 2015.
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Philip L dine, "::or
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F:WTTO\KALN\RESOLUTIONS\Rails to Trails Bike Counter Reso.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor and City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Of Miami Beach To Accept A Donation From Rails To Trails Conservancy Of An
Automated Bicycle And Pedestrian Counter, Valued At Approximately $6,800, To Monitor The Volume Of
Bicyclists and Pedestrians Utilizing The Beachwalk Between 21st Street and 22nd Street; And Approving
And Authorizing The City Manager To Execute An Agreement With The Rails To Trails Conservancy To
Install The Automated Bicycle And Pedestrian Counter.
Key Intended Outcome Supported: Ensure Comprehensive Mobility Addressing All Modes Throughout The
City/Enhance Pedestrian Safety Universally.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 City of Miami Beach Community
Satisfaction Final Report, Half of residents claim that there were too few bike paths/lanes. South Pointe and South
Beach & Belle Isle residents (56%) were most likely to think there were too few bike paths/lanes. In 2014 11% of
residents prefer walking/bicycling as their primary mode of transportation.
Item Summary/Recommendation:
The Rails-to-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and Assessment Platform (T-
MAP) Study and has selected the City of Miami Beach is one of the selected urban areas around the United States
to evaluate as part of this effort. 'RTC created this national research program to build a platform of easy-to-use
models and tools based on decades of research by transportation, economics, and public health experts that will
help empower trail managers and communities to systematically plan and make the case for complete trail
systems. As part of its study, RTC is establishing non-motorized traffic monitoring stations on trails within 12 urban
areas selected including Miami-Dade County.
RTC is interested in furnishing and installing, at no cost to the City, a HI-TRAC CMU automated trail use counter
valued at approximately $6,800 for placement on the Beachwalk between 21st Street and 22nd Street. The
automated counter will provide both RTC and the City with valuable information regarding pedestrian and bicycle
use on the Beachwalk and the benefits to users and the built environment, data which the City can use to plan,
monitor, and evaluate existing and future segments of the Beachwalk, Baywalk, and other shared-use paths
throughout the City.
The data and information that would be obtained as a result of the City's participation in the RTC T-MAP study will
help staff more effectively plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk,
and other shared-use paths throughout the City. Additionally, the data will be useful in documenting the current use
of the Beachwalk and quantifying the benefits of non-motorized shared-use paths to users and the built
environment. Staff believes that participating in this national program will enhance the City's position to pursue
potential grant opportunities at the state and federal level to construct future segments of the Beachwalk, Baywalk,
and other non-motorized shared-use paths in the City.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
Advisory Board Recommendation:
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Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez, Ext. 6768
Sign-Offs:
De artment Director Assist•j City Manager \ City Manager
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iAmI AGENDA ITEM 7 P DATE
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ta-__ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of t e City Com •ssion
FROM: Jimmy L. Morales, City Manager
DATE: October 14, 2015
SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY OF MIAMI
BEACH TO ACCEPT A DONATION FROM RAILS TO TRAILS CONSERVANCY
OF AN AUTOMATED BICYCLE AND PEDESTIAN COUNTER, VALUED AT
APPROXIMATELY $6,800, TO MONITOR THE VOLUME OF BICYCLISTS AND
PEDESTRIANS UTILIZING THE BEACHWALK BETWEEN 21ST STREET AND 22ND
STREET; AND APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE RAILS TO TRAILS CONSERVANCY TO
INSTALL THE AUTOMATED BICYCLE AND PEDESTRIAN COUNTER.
BACKGROUND
The Rails-to-Trails Conservancy (RTC) is conducting a nationwide Trail Modeling and
Assessment Platform (T-MAP) Study. RTC created this national research program to build a
platform of easy-to-use models and tools based on decades of research by transportation,
economics, and public health experts that will help empower trail managers and communities to
systematically plan and make the case for complete trail systems.
RTC is interested in furnishing and installing, at no cost to the City, an HI-TRAC CMU automated
trail-use counter valued at approximately $6,800 for placement on the Beachwalk between 21st
Street and 22nd Street. As part of its study, RTC is establishing non-motorized traffic modeling
stations on trails within 12 urban areas including Miami-Dade County. The automated counter
will provide both RTC and the City with valuable data regarding pedestrian and bicycle use on the
Beachwalk and the benefits to users and the built environment, data which the City can use to
plan, monitor, and evaluate existing and future segments of the Beachwalk, Baywalk, and other
shared-use paths throughout the City.
ANALYSIS
The data and information that would be obtained as a result of the City's participation in the RTC
T-MAP study will help staff more effectively plan, monitor, and evaluate existing and future
segments of the Beachwalk, Baywalk, and other shared-use paths throughout the City.
Additionally, the data will be useful in documenting the current use of the Beachwalk and
quantifying the benefits of non-motorized shared-use paths to users and the built environment.
The Administration is aware of some community concerns regarding conflicts between
pedestrians and bicyclists along the City's multiuse pathways. In August of this year, pedestrian
and bicycle counts were conducted at locations along the beachwalk with the purpose of
assessing the number of pedestrians and bicyclists that use the beachwalk and to determine if
designing a wider pathway to accommodate a separation between bicyclists and pedesrians
Resolution Accepting Donation from Rails to Trails Conservancy of an Automated Bicycle and Pedestrian
Counter
October 14, 2015
Page 2 of 2
would be more suitable. Having this permanent counter station would assist with obtaining year-
round counts of bicyclists and pedestrians along the beachwalk.
Staff believes that participating in this national program will enhance the City's position to pursue
potential grant opportunities at the state and federal level to construct future segments of the
Beachwalk, Baywalk, and other non-motorized shared-use paths in the City. The Attachment
contains the terms and conditions of the agreement with the Rails-To-Trails Conservancy. JAMAR
Technologies will install the automated counter. JAMAR Technologies has also indicated that the
automated counter is maintenance-free.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution
authorizing the City of Miami Beach to accept a donation from Rails to Trails Conservancy of an
automated bicycle and pedestrian counter to be placed on the Beachwalk between 21st Street and
22nd Street; and authorizing the City Manager to execute an agreement with the Rails to Trails
Conservancy to install the automated bicycle and pedestrian counter.
Attachment : Agreement with Rails to Trails Conservancy
K B/ RG/XRF
F:\TRAN\$ALL\Xavier\Rails to Trail\Rails To Trails MEMO.docx
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
RAILS TO TRAILS CONSERVANCY CORPORATION
FOR
THE INSTALLATION OF AN AUTOMATED BICYCLE AND PEDESTRIAN COUNTER ON
THE CITY'S BEACHWALK BETWEEN 21ST STREET AND 22ND STREET
This Professional Services Agreement ("Agreement") is entered into this day of
, 2015, between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and RAILS TO
TRAILS CONSERVANCY CORPORATION, a District of Columbia not-for-profit corporation
whose address is 2121 Ward Court N.W., Washington, DC 20037 ("Contractor").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 Contractor shall provide the work and services described as follows (the "Services"):
Contractor shall donate and install, at no cost to the City, a battery-powered automated bicycle
and pedestrian counter device (the "Counter Device") on the City's beachwalk between 21st
Street and 22nd Street, to collect data on the number of cyclists and pedestrians traveling along
the beachwalk. The Counter Device has three components: the inductive loop to be embedded
in the beachwalk surface; a 3-foot tall wooden post with a passive infrared sensor to be
mounted on a buried concrete base adjacent to the beachwalk, at the site of the inductive loop;
and a rainbird manhole containing the sensor machinery and battery which is to be buried
behind the post.
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The Counter Device will digitally collect and record cyclist and pedestrian traffic data. The City
and Contractor shall have joint access to the data collected, for planning purposes and to
research bicycle and pedestrian traffic and travel behavior. Once Contractor installs the Counter
Device, the City will operate and maintain the Counter Device.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of one year.
SECTION 4
FEE
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4.1 Contractor shall provide the Services free of charge, in consideration of Contractor's
right to collect and access data collected from the Counter Device, which shall be placed on the
City's beachwalk, and the City's agreement to maintain the device.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause, the City shall notify the Contractor of
its violation of the particular term(s) of this Agreement, and shall grant Contractor seven
(7) days to cure such default. If such default remains uncured after seven (7) days, the
City may terminate this Agreement without further notice to Contractor. Upon
termination, the City shall be fully discharged from any and all liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The
City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's right and
remedies against Contractor. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR
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SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION, FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. In such event, the right and obligations for the parties shall be the
same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and
costs, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property,
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other
person or entity acting under Contractor's control or supervision, in connection with, related to,
or as a result of the Contractor's performance of the Services pursuant to this Agreement. To
that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals.
The provisions of this Section 6.1 and of this indemnification shall survive termination or
expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of$1,000,000;
2. Contractor Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+" as
to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability and Professional Liability
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shall include the City as an additional insured and shall contain a waiver of subrogation
endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of this Agreement shall lie in Miami-Dade County, Florida.
By entering into this Agreement, Contractor and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000.
Consultant hereby expresses its willingness to enter into this Agreement with Contractor's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of$1,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
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SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor , and at any time during normal
business hours (i.e. 9:00 am — 5:00 pm, Monday through Friday, excluding nationally
recognized holidays), and as often as the City Manager may, in his/her reasonable discretion
and judgment, deem necessary, there shall be made available to the City Manager, and/or
such representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Contractor shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial
status, or age.
10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code, as may be amended from time to time; both of which are hereby
incorporated by reference as if fully set forth herein.
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The Contractor covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Contractor further covenants that in the performance of this Agreement,
Contractor shall not knowingly employ any person having such interest. No member of or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Contractor and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR: Ken Bryan
Rails to Trails Conservancy Corporation
PO Box 15227
Tallahassee, FL 32317
(850) 264-3067
TO CITY: Jose Gonzalez
Transportation Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
WITH A COPY TO: City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
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SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the City, at no cost to
the City, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
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material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Contractor's failure to comply with the public records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Consultant does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail
itself of the remedies set forth under this Agreement and available at law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado Jimmy L. Morales
City Clerk City Manager
Date: Date:
FOR CONTRACTOR : RAILS TO TRAILS CONSERVANCY
CORPORATION
ATTEST:
By:
Print Name and Title Print Name and Title
Date: Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
10iLL5
City Attorney Date
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