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2 a. All modifications,, revisions and maintenance of the EVP System considered necessary or
<br />3 desirable for any reason, shall be done by County forces, or, upon concurrence in writing by
<br />4 the County's Traffic Engineer, may be done by others all at the cost and expense of the City.
<br />5
<br />6 b. Emitter units may be installed and used only on vehicles responding to an emergency as
<br />7 defined in Minn. Stat. §§ 169.011, Subd.3 and 169.03.
<br />8
<br />9 c. The City shall maintain and require others using the EVP System to maintain a log showing
<br />10 the date,, time and type of emergency for each time the traffic signal covered hereby is actuated
<br />11 and controlled by the EVP System. Malfunction of the EVP System shall be reported to the
<br />12 County immediately.
<br />13
<br />14 d. All maintenance of the EVP System shall be performed by the County, and the City shall be
<br />15 responsible for actual cost thereof The County shall submit and invoice to the City annually,
<br />16 listing all labor,, equipment,, materials and overhead used to maintain the EVP System. Labor
<br />17 cost and overhead and equipment costs will be at the established rates paid by the County at
<br />18 the time the work is performed, and material costs will be invoiced at the actual cost thereof to
<br />19 the County. The City shall promptly pay the County the full amount due.
<br />20
<br />21 e. In the event said EVP System or components are, in the opinion of the County, being
<br />22 misused or the conditions set forth in Paragraph b above are violated, and such misuse or
<br />23 violation continues after receipt by said party of written notice thereof from the County,, the
<br />24 EVP System pursuant to this paragraph,, the field wiring, cabinet wiring and other components
<br />25 shall become the property of the County. All infrared detector heads and indicator lamps
<br />26 mounted external to the traffic signal cabinet will be returned to the City. The detector
<br />27 receiver and any other assembly located in the control signal cabinet, which if removed will
<br />28 not affect the traffic control signal operation, will be returned to the City.
<br />29
<br />30 f. All timing of said EVP System shall be determined by the County, through its Traffic
<br />31 Engineer, and no changes shall be made to these adjustments without the approval of the
<br />32 County.
<br />33
<br />34 6. All timing and related adjustments of the traffic control signals shall be determined by the
<br />35 County through its Traffic Engineer, and no changes shall be made to these adjustments without the
<br />36 approval of the County.
<br />37
<br />38 7. Any and all persons engaged in the maintenance work to be performed by the County
<br />39 shall not be considered employees of the City, and any and all claims that may arise under the
<br />40 Worker's Compensation Act of this State on behalf of those employees so engaged, and any and
<br />41 all claims made by any third party as a consequence of any act or omission on the part of those
<br />42 employees so engaged on any of the work contemplated herein shall not be the obligation and
<br />43 responsibility of the City.
<br />44
<br />45 8. The City and the County shall indemnify, defend and hold each other harmless against any
<br />46 and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees,
<br />47 which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be
<br />48 required to pay, arising out of or by reason of any act or omission of the indemnifying party, its
<br />PW2010-26
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