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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