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C) The City sha11 maintain and require others using the EVP System to maintain a log <br />showing the date, time and type of emergency for each time the traffic signal covered <br />hereby is actuated and controlled by the EVP System. Malfunction of the EUP System <br />sha11 be reported to the County immediately. <br />d) All maintenance of the EVP System "D" shall be performed by the County, and City <br />sha11 be responsible for actual cost thereof. The County shall submit an invoice to the <br />City annually, listing a11 labor, equipment, materials and overhead used to maintain the <br />EVP System. Labor cost, overhead and equipment costs will be at the established rates <br />paid by the County at the time the work is performed, and material costs will be <br />invoiced at the actual cost thereof to the County. Twenty-five percent (25%) of these <br />costs will be added to the invoice, to cover the County's cost for supervision and <br />administration, in accordance with the policy for Traffic Control Signal Systems, <br />County Board Resolution 81-1001. The City sha11 promptly pay the County the full <br />amount due. <br />e) In the event said EVP System or components are, in the opinion of the County, being <br />misused or the conditions set forth in Paragraph b above are violated, and such misuse <br />or violation continues after receipt by the City of written notice thereof from the <br />County, the EVP System pursuant to this paragraph, the field wiring cabinet wiring <br />and other components sha11 become the properiy of the County. All infrared detector <br />heads and indicator lamps mounted e�ternal to the traffic signal cabinet will be <br />returned to the City. The detector receiver and any other assembly located in the <br />control signal cabinet, which if removed will not affect the traffic control signal <br />operation, will be returned to the City. <br />� All timing of said EUP System sha11 be determined by the County, through its Traffic <br />Engineer. <br />g) Except for the negligent acts of the County, its agents and employees engaged in the <br />maintenance work, the City sha11 assume all liability for, and sa�e the County, its <br />agents and employees, harmless from any and all claims for damages, actions or causes <br />of action arising out of the continuing uses by the City including but not limited to the <br />operations, use and e�stence of the equipment for the EUP System. <br />lO.All timing and related adjustments of the traffic control signals sha11 be determined by the <br />County through its Traffic Engineer, and no changes shall be made to these adjustments without <br />the approval of the County. <br />1 l.Upon execution by the County and City, and upon completion of the work contemplated <br />in paragraph 1 hereof for traffic control signals with street lights, signs, interconnect and EVP <br />System at the intersection of County Road B and Victoria Street; this agreement sha11 supersede <br />and terminate Agreement 87002, County Board Resolution 87-281, dated May 11, 1987, between <br />the County and the City. <br />PW2001-04 <br />3 <br />