9/21/1983 - Laserfiche WebLink

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r S E P 21 1993 4. RESPONSE TIME. The County shall use best efforts to respond to any emergency repair request within a period of eight (8) hours following receipt of notice and to respond to non- emergency or routine repair requests within a period of twenty- four (24) hours following notice. An emergency status shall be considered to exist where damage to a traffic signal or device or the malfunction or failure thereof results or has resulted in the creation of a serious present or impending traffic hazard; for example, total loss of power; loose, hanging equipment; loss of both signal face color indications. A non -emergency or routine repair status shall exist where the damage or malfunction does not create a serious or immediate traffic hazard; for example, cracked or broken lenses, lamp or lamps out, flashing operation. The inability of the County to respond within the stated time period where good cause exists shall not be considered to be a breach of this 4greement. 5. PAYMENT. The County shall periodically invoice the municipality for all services provided during said period, in accordance with charges for labor, equipment and materials pro- vided in Schedule "A." The municipality shall pay all amounts invoiced within thirty (30) days of the date of the invoice and any amount remaining unpaid thereafter shall be deemed delinquent and shall accrue a penalty charge of one (1%) percent per.month until fully paid. In the event the County must retain legal counsel to collect any delinquent account in its behalf, the County shall be entitled also to receive its costs of collection including a reasonable attorney's fee. 6. DISASTERS. The occurrence of any natural or man- made disaster, when declared as such by federal, state or local government, 'such -as a hurricane, tornado, flood, act of war, air- liner crash, etc., may result in the impossibility of performance of this agreement. The parties agree that this agreement shall be considered temporarily suspended during any such state of disaster. 7. LIABILITY. The municipality expressly agrees that the County shall in no way be liable for property damage, personal injury, or loss of life resulting from the acts or omissions of the County or its officers, employees or agents, and the munici- pality shall hold harmless, indemnify, and .defend the County against any such claim or action. The parties agree further that the County is an independent contractor hereunder only to the extent it has reserved discretion to determine or specify materi- als, design or methods of installation, all of which the parties recognize as„planning level determinations. In all other respects, and as to any operational level activity required here- under, the County shall be deemed to be an agent for the munici- pality. This agreement in no way alters the ultimate jurisdictional or maintenance responsibility of the municipality otherwise established by law for the identified traffic signals or devices or the streets -or intersections involved. 8. THIRD PARTIES. The municipality agrees that the County may enter into service or maintenance agreements with third party providers with respect to any or all of the services contem- plated herein, either on a full-time or stand-by basis, upon written notice to the municipality, provided the terms and condi- tions of this agreement shall continue to govern the relation- ship. Ila