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FDOT Non -Motorized Traffic Counting Hardware Memorandum of Agreement This Memorandum of Agreement, hereinafter referred to as the "Agreement" is made and entered into on the last date executed below, by and between the Florida Department of Transportation, an agency of the State of Florida, hereinafter referred to as the "Department", and Indian River County hereinafter referred to as the "County". WITNESSETH: WHEREAS, the Department seeks to establish a statewide Non -Motorized Traffic Monitoring Program: and, WHEREAS, the County has agreed to participate in data collection needs and to assume certain responsibilities in the matter and to the extent as hereinafter set out; and, NOW, THEREFORE, the parties hereto shall approve this Agreement within sixty (60) clays of receipt of this Agreement. In the event the County fails to approve said Agreement within sixty (60) days of receipt, the County forfeits its access to the equipment and training offered by the Department as hereinafter stated. This Agreement states the promises and undertakings of each party as herein provided, and the parties do hereby covenant and agree, each with the other, as follows: 1. GENERAL PROVISIONS The Department and County shall be responsible for administering all work performed and that all terms set forth in this Agreement are met and adhered to by the Department and County and/or its agents. The Department and the County may select any agent with which it has established agreements or contracts equal to the terms of the Agreement. Such agents may include a local government member of the County or a contractor qualified and approved by the Department to perform the work described in this Agreement. The Department and/or its agents will provide technical oversight to guide the County and/or its agent. The County and/or its agent must provide a primary contact for the program to the Department upon approving this Agreement. The County and the Department and/or its agent shall complete installation activities of the first non -motorized counter together as a form of training to the County and its agent. The remaining counters will be installed by the County and/or its agent, with support from the Department as needed. Failure on the part of the County to comply with any of the provisions of this Agreement will be grounds for the Department to terminate its participation, take the counter equipment back from the County and if applicable, seek repayment for any damages done to the equipment beyond standard wear and tear. Any administrative modifications to this Agreement or its terms will be agreed upon in writing by all parties prior to being implemented. The Department may delegate the approval of these administrative modifications to the Manager of the Department's Transportation Data Analytics (TDA) Office.