CC Resolution No. 7947
RESOIIJI'ION NO. 7947
A RESOIIJI'ION OF '!HE CIT1{ CXJONCIL OF THE CIT1{ OF aJPERI'INO
AUIHORIZING EXECUI'ION OF AGREEMENT BEIWEEN THE CIT1{ OF SAN
JOSE AND '!HE CIT1{ OF aJPERI'INO FOR MAINl'ENANCE OF TRAFFIC
SIGNAlS UNDER JOINT JURISDICITON
WHEREAS, there has been presented to the City COUncil an "Agreement
Between the City of San Jose aro. the City of 0Jpert:in0 for Ma:intenance of
Traffic signals unier Jo:int Jurisdiction"; aro.
WHEREAS, the provisions of said agreement have been reviewed aro.
approved by the Director of Public Works aro. the City Attorney;
NCM, ~uiŒ, BE IT RESOLVED that the city COUncil of the city of
CUpertino hereby approves the agreement aro. authorizes the Mayor aro. the
City Clerk to execute said agreement :in behalf of the City of OJpertino.
PASSED AND AIJOPI'ED at a
City of OJpertino this 2nd
followin;J vote:
Vote Members of the city Council
regular meetin;J of the city Council of the
day of October , 1989, by the
AYES: Gatto, Johnson, Koppel, Rogers, P1ungy
NOFS: None
ABSENT: None
ABSTAIN: None
ATrFST: APEROVED:
Isl Dorothy Cornelius
City Clerk
Is I John J. P1ungy, Jr.
Mayor, City of OJpertino
AGREEMENT BETWEEN THE CITY OF SAN JOSE
AND THE CITY OF CUPERTINO FOR MAINTENANCE
OF TRAFFIC SIGNALS UNDER JOINT JURISDICTION
This AGREEMENT is made and entered into this day
of , 1989, by and between the city of San Jose, a
municipal corporation of the State of California, hereinafter
referred to as "SAN JOSE", and the city of Cupertino, a municipal
corporation of the state of California, hereinafter referred to as
"CUPERTINO".
RECITALS
WHEREAS, there exist one or more streets which lie partially
within the jurisdiction of SAN JOSE and partially within the
jurisdiction of CUPERTINO; and
WHEREAS, SAN JOSE and CUPERTINO do mutually desire, under this
joint powers agreement, to cooperate and jointly participate in the
maintenance costs of the traffic signal system and safety lighting,
and desire to specify herein the terms and conditions under which
said maintenance is to be financed;
NOW, THEREFORE, in consideration of the mutual covenants apd
conditions herein contained, it is agreed:
SECTION I - AGREEMENT
This Agreement shall supersede any previous agreement and/or
amendments thereto for sharing traffic signal maintenance costs
between SAN JOSE and CUPERTINO.
The
Exhibit
Traffic
shall be
traffic signals covered by this Agreement are shown on
"A" which is attached hereto and incorporated herein.
signal maintenance responsibilities and maintenance costs
assigned in accordance with Exhibit "A".
SECTION II - MAINTENANCE DEFINED
Maintenance is defined as in Section 27 of the California
streets and Highways Code, to include any of the following:
(a)
(b)
(c)
The preservation and keeping of rights-of-way, and each
type of roadway, structure, safety convenience or device,
planting, illumination equipment- and other facility, in
the safe and usable condition to which it has been
improved or constructed, but does not include
reconstruction or other improvement.
Operation of special safety conveniences and devices, and
illuminating equipment.
The special or emergency maintenance or repair
necessitated by accidents or by storms or other weather
conditions, slides, settlements, or other unusual or
unexpected damage to a roadway, structure, or facility.
Page 1 of 3
SECTION III - DEGREE OF MAINTENANCE
The degree or extent of maintenance work to be performed and
the standards therefor shall be in accordance with the provisions of
Section 27 of the California Streets and Highways Code as set forth
in the current edition of the State Maintenance Manual.
SECTION IV - LEGAL RELATIONS AND RESPONSIBILITIES
A. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this contract or affect the legal liability of
either party to the contract by imposing any standard of care
resïecting the maintenance of the traffic signals listed in
Exh bit "A" different from the standard of care imposed by law.
B. It is understood and agreed that neither CUPERTINO nor any
officer or employee thereof shall be responsible for any damage
or liability occuring by reason of any act or omission by SAN
JOSE under or in connection with any work, authority or
jurisdiction delegated to and performed by SAN JOSE under this
Agreement. It is also understood and agreed that, pursuant to
California Government Code Section 895.4, SAN JOSE shall
defend, indemnify and save harmless CUPERTINO and all its
officers and employees from all claims, suits or actions of
every name, kind and description brought for or on account of
injuries to or death of any person or damage to property
resulting from any act or omission by SAN JOSE under or in
connection with any work, authority or jurisdiction delegated
to and performed by SAN JOSE under this Agreement.
C. It is understood and agreed that neither SAN JOSE nor any
officer or employee thereof shall be responsible for any damage
or liability occuring by reason of any act or omission by
CUPERTINO under or in connection with any work, authority or
jurisdiction delegated to and performed by CUPERTINO under this
Agreement. It is also understood and agreed that, pursuant to
California Government Code Section 895.4, CUPERTINO shall
defend, indemnify and save harmless SAN JOSE and all its
officers and employees from all claims, suits or actions of
every name, kind and description brought for or on account of
injuries to or death of any person or damage to property
resulting from any act or omission by CUPERTINO under or in
connection with any work, authority or jurisdiction delegated
to and performed by CUPERTINO under this Agreement.
SECTION V - TERM OF AGREEMENT
This Agreement shall become effective July 1, 1989, and shall
remain in full force and effect until amended or terminated as
provided in Section VI.
Page 2 of 3
SECTION VI - AMENDMENT/TERMINATION
This Agreement may be amended or terminated at any
written mutual consent of the parties acting by
their authorized representatives.
B. This agreement may also be terminated by either party, acting
by and through that party's authorized representative, upon
thirty(30) days written notice to the other party.
A.
time upon
and through
C. Exhibit "A" may be amended as necessary to reflect changes to
the system upon mutual consent of the parties acting by and
through their authorized representatives.
SECTION VII - REPRESENTATIVES DESIGNATED
SAN JOSE designates its Director of·Traffic Operations as its
representative for purposes of this Agreement. CUPERTINO designates
its Director of Public Works as its representative for purposes of
this Agreement.
SECTION VIII - NOTICES
All notices and other communications required or permitted .
to be given under this Agreement shall be in writing and shall be
personally served or mailed first class, postage paid, addressed
to the representative parties as follows:
CITY OF SAN JOSE: Director of Traffic Operations
4 North 2nd Street, Suite 1000
San Jose, CA 95113
CITY OF CUPERTINO: Director of Public Works
l0300 Torre Avenue
Cupertino, CA 95014
IN WITNESS WHEREOF the parties hereto have set their hands
and seals the day and year first hereinabove written.
CITY OF CUPERTINO
CITY OF SAN JOSE
By:
Mayor
By:
Andrea Membreno
city Clerk
801 North First Street
San Jose, CA 95110
Attest:
City Clerk
APPROVED AS TO LEGAL FORM:
APPROVED AS TO LEGAL FORM:
City Attorney
Senior Deputy City Attorney
Page 3 of 3
AGREEMENT BETIlEEN
THE CITY OF SAN JOSE AND THE CITY OF CUPERTINO
FOR MAINTENANCE OF TRAFFIC SIGNALS
UNDER JOINT JURISDICTION
EXHIBIT A
TRAFFIC SIGNAL DESIGNATION AND COST AllOCATION
The traffic signals at the following intersections shall be subject to this
Agreement, and the cost for maintenance and power shall be allocated as
follows:
Jurisdictional Respons. Assignment Respons.
.. INTERSECTION
San Jose Cupertino Other San Jose Cupertino
Bollinger Road and
Mi 11 er A venue 50.0% 50.0% 0 100.0% 0
Bo 11 i nger Road and
Bl aney Avenue 50.0% 50.0% 0 0 100.0%
.
Bollinger Road and South
De Anza Boulevard/
Saratoga-Sunnyvale Road 25.0% 25.0% 50.0% 0 100.0%
Rainbow Drive and .', . .,
Saratoga-Sunnyvale Road
(Energy costs only) 25.0% 25.0% 50.0% 100.0% 0
Prospect Road and
Saratoga-Sunnyvale Road
(Energy costs only) 12.5% 12.5% 75.0% 10.0.0% 0
7725/JOJOo