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• c) Each respective party shall maintain and require others using the EVP System to maintain a <br /> log 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 EVP System shall <br /> be reported to the County immediately. <br /> d) All maintenance of the EVP System shall be performed by the County. New Brighton, <br /> Roseville and St. Anthony shall jointly be responsible for actual cost thereof. The County <br /> shall submit an invoice to St. Anthony annually, listing all labor, equipment, materials and <br /> overhead used to maintain the EVP System and St. Anthony shall invoice Roseville for 25 <br /> percent of the cost and New Brighton for 25 percent of the cost. Labor cost and overhead and <br /> equipment costs will be at the established rates paid by the County at the time the work is <br /> performed, and material costs will be invoiced at the actual cost thereof to the County. <br /> Twenty-five percent (25%) of the material costs will be added to the invoice, to cover the <br /> County's cost for inventory management, in accordance with the policy for Traffic Control <br /> Signal Systems, County Board Resolution 81-1001. St. Anthony shall promptly pay the <br /> County the full amount due, and Roseville and New Brighton shall each promptly St. <br /> Anthony its 25 percent share of said amount due. <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 <br /> • System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall <br /> become the property of the County. All infrared detector heads and indicator lamps mounted <br /> external to the traffic signal cabinet will be returned to the appropriate party. The detector <br /> receiver and any other assembly located in the control signal cabinet, which if removed will <br /> not affect the traffic control signal operation, will be returned to the appropriate party. <br /> f) All timing of said EVP System shall 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, New Brighton, Roseville and New Brighton shall assume all liability for, <br /> and save the County, its agents and employees, harmless from any and all claims for damages, <br /> actions or causes of action arising out of the continuing uses by New Brighton, Roseville and <br /> St. Anthony, and including but not limited to the operations, use and existence of the <br /> equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any <br /> limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law <br /> 11. All timing and related adjustments of the traffic control signals shall be determined by the <br /> County through its Traffic Engineer, and no changes shall be made to these adjustments without the <br /> approval of the County. <br /> • <br /> 99010 <br /> 3 of 6 <br />