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11. Regional Signal Timing Program City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 CITY OF CUPERJINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM i I AGENDA DATE December 6.2006 SUBJECT AND ISSUE Adopt Resolution No. 06- lcm , Authorizing the City Manager to Negotiate and Execute a Waiver of Claims and Indemnification Agreement with the Metropolitan Transportation Commission for the City's Participation in the Regional Signal Timing Program. BACKGROUND The Regional Signal Timing Program (RSTP) is an annual program administered by the Metropolitan Transportation Commission (MTC) through which eligible public agencies within the San Francisco Bay Area are given the opportunity to work with private consultants to develop and implement traffic signal timing and coordination plans within their jurisdictions. Interested public agencies submit applications to MTC, and those who are successful are subsequently assigned consultants by MTC to work with them for the duration of their traffic signal timing and coordination projects. The consultants are under contract with MTC. There is neither a contractual agreement between the successful public agency applicants and the consultants, nor any matching fund obligations on the part of the successful applicants. Staff will be submitting an application for the current RSTP cycle, requesting consulting services for the development of traffic signal timing and coordination plans for Stevens Creek Boulevard, De Anza Boulevard, and Wolfe Road. In order for our application to be considered for the RSTP program, however, the City must enter into a Waiver of Claims and Indemnification Agreement with MTC. The City Attorney's Office has reviewed the Agreement and found it to be acceptable. FISCAL IMPACT Adopting the Resolution will allow the City to enter into an agreement with MTC to receive traffic signal timing consultant services at no cost to the City. Depending on the number of traffic signals involved and the complexity of the timing and coordination required, the consultant services could be worth tens of thousands of dollars. Printed on Recycled Paper {( - ( STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution 06- '261J , Authorizing the City Manager to Negotiate and Execute a Waiver of Claims and Indemnification Agreement with the Metropolitan Transportation Commission for the City's Participation in the Regional Signal Timing Program. Submitted by: ~~~rua c1~ Director of Public Works Approved for submission: ~ David W. Knapp City Manager ((,-~ DRAFT RESOLUTION NO. 06-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE CITY'S PARTICIPATION IN THE REGIONAL SIGNAL TIMING PROGRAM WHEREAS, The Metropolitan Transportation Commission (MTC) has entered into a technical services agreement with several consulting firms, under which the firms will provide assistance to various Bay Area cities in the retiming of traffic signals in those cities under the Regional Signal Timing Program (RSTP) for the purpose of reducing traffic congestion and air pollution; and WHEREAS, the City of Cupertino wishes to submit an application to MTC seeking consultant services from the RSTP to retime traffic signals along Stevens Creek Boulevard, De Anza Boulevard and Wolfe Road; and WHEREAS, if approved, the RSTP would fund 100% of the cost of the consultant services; and WHEREAS, in order to participate in the RSTP, the City of Cupertino must agree to indemnify, hold harmless, and defend MTC against all claims; and WHEREAS, in order to participate in the RSTP, the City of Cupertino must waive all claims by the City of Cupertino against MTC for damage, loss, injury or liability resulting from the City of Cupertino's participation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute a Waiver Of Claims and Indemnification Agreement with MTC. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of December 2006 by the following vote: Vote Members ofthe Citv Council. AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino I' '7 \.- .)