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Home My WebLink About2019-161B.1FDOT 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. 2. SCOPE OF PROJECT The County and/or its agent is responsible for providing installation approval and access to the proposed short- term count locations. The County, at their sole expense, shall install, monitor and inspect the equipment. All station locations must be identified and selected in accordance with the Department's Non -Motorized Traffic Monitoring Program. The County will submit candidate sites to the Department for approval prior to the installation of any counter equipment. Both parties will provide access to data collected through the provided equipment. At the conclusion of the project, the County will return the bicycle counter equipment, and other related hardware, to the Department. The Department will provide, at their sole expense, the County and/or its agents with the bicycle counter equipment and other hardware which adhere to the following specifications: • Capture bicycles using bicycle only road tubes • Measure the direction of travel of cyclists • Transmit data wirelessly or are required to have data downloaded and sent to the Department • Do not have any speed restrictions on capturing data • Record count data at 1 -hour intervals for a minimum of 2 weeks per location • May be removed using readily available tools and street maintenance equipment • Include necessary supporting installation equipment such as any enclosure box, screws, cables, nails, road tape etc. • Include an enclosed secure box or structure with key entry or another unlocking device included • Include any necessary cords to connect a field computer or other mobile device to the count device • Include a minimum 1 -year manufacturer's and/or seller's warranty for all equipment and software • Include a manual describing installation procedures, specifications, and maintenance instructions • Counters are contained by a waterproof design • Counters have a battery life of 2 years minimum • Counters have data compatibility with Microsoft Office Excel (v2010 or later) 3. CONTRACT TERM; TERMINATION The useful life of this equipment can be up to ten (10) years. Any agreements entered into shall be for a period of five (5) years. Either party may terminate this agreement at any time with a 30 -day written notice of intent to terminate. 4. ENCROACHMENT AGREEMENT If any part of the equipment is to be located on State Highway System right of way or property, the County shall secure an Encroachment Agreement with the Department prior to performing any work or improvement on that right of way or property. 5. RIGHT TO INSPECT The Department and/or its agent shall have the right to inspect, test, approve or reject, any portion of the work being performed by the County or its agent(s) to ensure compliance with the provisions of this Agreement. Any deficiencies inconsistent with the Department's data collection protocols or Non -Motorized Travel Monitoring Handbook and specifications found during an inspection must be corrected by County. 6. CONTRACTOR COMPLIANCE The County will be responsible for ensuring that its agent(s) and contractor(s) comply with all terms of the contract and any instructions issued by the Department as a result of any review or inspection made by said representatives. AGENCY ROLES AND RESPONSIBILITIES This section explains the general guidelines for agency roles and responsibilities related to short-term counting equipment installation for the Florida statewide Non -Motorized Traffic Data Collection Program. It clarifies roles and responsibilities between the Department and partner agencies and/or its contractors. The Department, in coordination with statewide data partners, will select the installation site based on interference testing, feasibility, and the factor groups(s) it is expected to represent. Data Partner Responsibility 1. Locate Utilities, if necessary, for equipment installation 2. Set up and manage traffic control, if necessary, for equipment installation 3. Clean up site 4. Approve equipment installation locations 5. Meet Department staff on site during installation 6. Install, inspect, and monitor equipment according to training 7. Retrieve and submit data to Department in accordance with training Department Responsibility 1. Conduct equipment test prior to field deployment 2. Deliver counter equipment to be installed to Data Partner 3. Test for environmental interference with equipment 4. Determine final counter placement 5. Provide installation training to data partner and/or its agent 6. Conduct diagnostics/compile logger information after installation 7. Counter battery upkeep Data Partner Responsibilities for both parties during installation of first counter device 1. Bring installation equipment, such as: hammer, tape measure, rake, broom, road tape, cones, safety vests, etc. 2. Provide bicycle for testing 3. Provide laptop for finalizing and testing equipment SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, each of the undersigned Parties has caused its duly authorized representative to execute this Memorandum of Agreement. ,i.....is. BOARD OF COUNTY COMMIS.g0c. jj8 INDIAN RIVER COUNTY, FLORA ".litkepo ATTEST Jeffrey R. Smith Clerk of the Court BY: Jason E. Br Pursuant t County Admini'st4ior66iiiv.> Code §105.01 • • Date approved: September 27, 2019 Approved as to form and And C mptroller legal sufficiency: BY: Deputy Clerk of Court FLORIDA DEPARTMENT OF TRANSPORTATION SIGNED BY: DATE: William K. DeBraal Deputy County Attorney APPROVED BY TRANSPORTATION DATA AND ANALYTICS OFFICE MANAGER: (Date)