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Mou/Moa - 2015 - Installation Of Pedestrian / Bicycle Counters - 9/1/2015Memorandum of Understanding This memorandum of understanding (MOU) for installation and maintenance of pedestrian /bicycle counters between Community Planning Association of Southwest Idaho (COMPASS) and the City of Eagle. The undersigned agree to the following terms and conditions. 1. Designated Contacts COMPASS: Tom Laws 700 NE 2nd Street, #200 Meridian, ID 83642 208 - 475 -2233 slaws @compassidaho_.or City of Eagle Name S�eVe AkYim Address P ()• 8* /57-D City, State �6t51e, sd 830 Phone 401F— - 489 -87&3 Email Snoy es e_ cl; � ^ evlr- 0 q 2. Purpose By this MOU, City of Eagle grants a limited, non - exclusive license to COMPASS to install, and control the size, placement, operation and maintenance of pedestrian and /or bicycle counters (Counters) as described in Appendices A and B, within the surface of City of Eagle's public right of way. 3. Effective Date The Effective Date of the agreement is the latest date upon which it was signed by either of the parties to the agreement. 4. Term of Agreement The Initial Term of the agreement commences on the Effective Date and shall continue in effect for five years. The Initial Term will be automatically extended for successive one year periods (Renewal Terms) unless either party notifies the other in writing at least 30 days before the expiration of the Initial Term or any Renewal Term that it does not wish to extend the agreement. Notwithstanding the above, this MOU may be terminated by either party with 30 days written notice. Upon termination, COMPASS will remove the counters as described in Section 9, Removal of Counters. 5. Permanent Counters If your agency is currently not scheduled to receive permanent counters please proceed to section 6. Portable Counters. The specific locations for installation of the Permanent Counters are described in Appendix A. City of Eagle certifies that it has reviewed the selected sites listed in Appendix A and further certifies that as of the date of this agreement, City of Eagle has no planned or programmed projects for the selected site that would necessitate removal of any of the Permanent Counters listed in Appendix A within the next five years. Due to the high demand for the Permanent Counters and the cost of installation and removal, COMPASS seeks to avoid installation at any locations where projects are planned or programmed within the next five years. City of Eagle agrees to notify COMPASS in writing at least 90 days in advance should removal of installed Permanent Counters become necessary. COMPASS will be responsible for removal of the Permanent Counters as described in Section 9, Removal of Counters below. 6. Portable Counters if your agency is currently not scheduled to receive portable counters please proceed to section 7. Maintenance. The initial locations for the temporary installation of the Portable Counters, the date of installation of the Portable Counters, and the dates by which the Portable Counters shall be removed are listed in Appendix B. City of Eagle certifies that it has reviewed the selected sites listed in Appendix B and further certifies that as of the date of this agreement, City of Eagle has no activities planned for the selected sites that will interfere with the operation of the portable counters during the date range specified in Appendix B. Portable Counters may be installed at sites not listed in Appendix B. The COMPASS designated contact or his /her designated assignee will provide a written request to the City of Eagle designated contact or his /her designated assignee to install the Portable Counters at a specific location. The written request will be provided no later than 10 days prior to the desired installation date. The request shall include the specific site location for installation, the date of installation and the date of removal and the purpose for which the data is being collected. City of Eagle will provide written approval for installation of the Portable Counters. The approved request will become part of and subject to the terms of this MOU. City of Eagle agrees to notify COMPASS in writing at least 5 days in advance should removal of portable counters prior to the scheduled removal date listed in Appendix B become necessary. COMPASS will be responsible for removal of the counters as described in Section 9, Removal of Counters below. 7. Maintenance COMPASS shall be responsible for, and shall control the placement, removal, operation, maintenance and repair of all Counters which it places in the public right of way controlled by City of Eagle, except to the extent any repairs are necessitated by damage caused by City of Eagle, its agents, contractors or employees. City of Eagle shall be responsible for any repairs necessitated by damaged caused by its agents, contractors, or employees. City of Eagle shall maintain the area around the installation site of the Counters such that the operation of the Counters is not impeded. This includes but is not limited to keeping bushes and grass trimmed back, away from the Counter, so as not to impair the counting functionality. 8. Insurance COMPASS shall carry general liability insurance covering personal injuries or property damage occurring on property within the public right of way where COMPASS has installed Counters in a sum equal to $500,000. COMPASS agrees to provide City of Eagle notice of such coverage. 9. Removal of Counters If City of Eagle determines that a public facility adjacent to a public right of way requires widening, realignment, redesign, improvement and /or reconstruction that would necessitate the relocation, modification or other adaptation of any Permanent Counters, City of Eagle will provide 90 days written notice to COMPASS of the need to relocate, modify or otherwise adapt the Permanent Counters as required. COMPASS shall be responsible at its sole expense for relocating, modifying or adapting the Permanent Counters. COMPASS may elect to remove the affected Permanent Counters in lieu of relocation, modification or adaptation. Removal, relocation, modification or adaptation of the Permanent Counters will include installation of hardscape replacement where required. COMPASS, at its sole discretion may remove the Permanent Counters if it elects to no longer ' operate the Permanent Counters at an installed location. COMPASS shall be responsible at its sole expense for removing the Permanent Counters in this circumstance. Removal of the Permanent Counters will include installation of hardscape replacement where required. 10. Written Notification Written notifications described in this agreement may be delivered by email, facsimile, US Mail or hand delivery. Written notification is considered received on the next day following its submission by any one of the above described methods. 11. Data Sharing City of Eagle and COMPASS agree that compiled data will be made publicly available and posted online through the COMPASS Dashboard for download. Community Planning Association of Southwest Idaho ( "COMPASS ") By: U Matthew J. Stoll Executive Director Date: a, $ City of Eagle B (� y. o Q #► e�P S �• L�21( VrCS Name Title XyN CQ Gr C7 j" Date: 0-- a 5— / 5 Appendix A Permanent Counter Technologies and proposed Installation Locations On- Street Permanent Counter: Jamar Hi -Trac CMU Measures speed, direction, and general counts of pedestrians (pyroelectric infrared sensors) and bicyclists (piezoelectric sensors). The CMU is powered by an external battery pack mounted to the unit and requires two small straight -line cuts across the segment being counted. Off - Street Permanent Counter: Eco Counter ECO -MULTI System Measures direction and general counts of pedestrians (infrared sensor) and bicyclists (inductive loops). The ECO -MULTI System is powered by an external battery pack mounted to the unit and requires two -to -three diamond cuts across the segment being counted. Calibration: Day6 Outdoors Plot Watcher Pro Time -lapse Camera Calibrates automated bicycle and pedestrians counts by comparing totals with the time - lapsed actual counts. The Plot Watcher Pro is powered by eight AA batteries and can be strapped /mounted to nearby posts or vegetation. Proposed Permanent Locations Merrill Park/ Greenbelt— Eagle Appendix B Portable Counter Technologies and Potential Installation Locations On- Street Portable Counter: TRAX Cycles Plus Measures speed, direction, and general counts of bicyclists (pneumatic tubes). The TRAX Cycles Plus is powered by an internal battery pack and requires two tubes to be laid across the segment being counted. Off - Street Permanent Counter: Eco Counter PYRO -Box and Tube Cyclist Counter Measures direction and general counts of pedestrians (infrared sensor) and bicyclists (pneumatic tubes). The PYRO -Box and Tube counter are powered by internal battery packs and for the tubes requires two tubes to be laid across the segment being counted, for the pedestrian counter must be strapped /mounted to nearby posts or vegetation. Calibration: Day6 Outdoors Plot Watcher Pro Time -lapse Camera Calibrates automated bicycle and pedestrians counts by comparing totals with the time - lapsed actual counts. The Plot Watcher Pro is powered by eight AA batteries and can be strapped /mounted to nearby posts or vegetation. Proposed Portable Locations Install by July, 2015 and remove by October, 2015