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6. Upon completion of the project, the County shall maintain and keep in repair the EVP System, and the City shall reimburse the County for the actual cost thereof. 7. Upon execution of this agreement and a request in writing by the County, the City shall advance to the County an amount equal to county furnished materials and labor plus six percent (6%) of such amount for the City's share of the cost for inspection. 8. In the event said signal systems are reconstructed, all component parts of the EVP System shall be utilized where possible in the new signal system. Any additional equipment and labor required for an operational EVP System will be at the City's own expense. 9. The County shall submit an invoice to the City annually, listing all labor, equipment and materials used to maintain the EVP Systems. Labor costs and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Twenty-five percent (25%) of these costs will be added to the invoice, to cover the County's cost for supervision and administration, in accordance with the policy for Traffic Control Signal Systems, County Board Resolution 81-1001. The City shall promptly pay the County the full amount due. 10. Upon written request by the County Engineer, the City shall maintain a log showing the date and time the EVP System wac:; actuated. Malfunction of the system shall be reported to the County immediately. 11. All timing and related adjustments of the traffic control signals and EVP Systems shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. -;< 12. Except for the negligent acts of the County, its agents and employees, the City shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by the City including but not limited to the operation, use and . existence of the equipment for the EVP System. 13. Any and all persons engaged in the maintenance work to be performed by the County shall not be considered employees of the City~ and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. 88017 Page 2 of 3