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Attachment A
<br />a) All modifications, revisions and maintenance of the EVP System considered necessary or
<br />desirable for any reason, shall be done by the County’s forces, or, upon concurrence in writing
<br />by the County’s Traffic Engineer, may be done by others all a the cost and expense of the City.
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<br />b) Emitter units may be installed and used only on vehicles responding to an emergency as
<br />defined in Minnesota Statutes Chapter 169.01, Subdivision 3 in Section 169.011.
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<br />c) The City shall maintain and require others using the EVP System to maintain a log showing the
<br />date, time and type of emergency for each time the traffic signal covered hereby is actuated
<br />and controlled by the EVP System. Malfunction of the EVP System shall be reported to the
<br />County immediately.
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<br />d) All maintenance of the EVP System shall be performed by the County. The City shall be
<br />responsible for actual cost thereof. The County shall submit an invoice to the City annually,
<br />listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor
<br />cost and overhead and equipment costs will be at the established rates paid by Ramsey County
<br />at the time the work is performed, and material costs will be invoiced at the actual cost thereof
<br />to Ramsey County. The City shall promptly pay Ramsey County the full amount due.
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<br />e) In the event said EVP System or components are, in the opinion of the County, being misused
<br />or the conditions set forth in Paragraph b above are violated, and such misuse or violation
<br />continues after receipt by said party of written notice thereof from the County, the EVP System
<br />pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become
<br />the property of the County. All infrared detector heads and indicator lamps mounted external
<br />to the traffic signal cabinet will be returned to the appropriate party. The detector receiver
<br />and any other assembly located in the control signal cabinet, which if removed will not affect
<br />the traffic control signal operation, will be returned to the City.
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<br />f) All timing of said EVP system shall be determined by the County, through its Traffic Engineer.
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<br />g) Except for the negligent acts of the County, its agents, and employees the City shall indemnify,
<br />defend, and hold the County harmless against any and all liability, losses, costs, damages,
<br />expenses, claims, or actions, including attorney’s fees, which the County, its officials, agents, or
<br />employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of
<br />the use or operation of the EVP. Nothing in this Agreement shall constitute a waiver by the City
<br />or the County of any statutory or common law immunities, limits, or exceptions on liability.
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<br />8. Any and all persons engaged in the maintenance work to be performed by the County shall not be
<br />considered employees of the City, and any and all claims that may arise under the Worker’s
<br />Compensation Act of this State on behalf of those employees so engaged, and any and all claims
<br />made by any third party as a consequence of any negligent act or omission on the party of those
<br />employees so engaged on any of the work contemplated herein shall not be the obligation and
<br />responsibility of the City.
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<br />9. The City and the County shall indemnify, defend and hold each other harmless against any and all
<br />liability, losses, costs, damages, expenses, claims, or actions, including attorney’s fees, which the
<br />indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to
<br />pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents
<br />or employees, in the execution, performance, or failure to adequately perform the indemnifying
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