CC Resolution No. 04-313
RESOLUTION NO. 04-313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE A WAIVER OF CLAIMS
AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY AND THE
METROPOLITAN TRANSPORTATION COMMISSION FOR THE CITY TO RECEIVE
CONSULTANT SERVICES FOR A JOINT REGIONAL SIGNAL TIMING PROGRAM
(RSTP) TRAFFIC SIGNAL TIMING STUDY ALONG DE ANZA BOULEVARD AND
SARATOGA-SUNNYVALE ROAD
WHEREAS, the City of Cupertino has agreed to cooperate with the City of Sunnyvale in
an MTC-sponsored Regional Signal Timing Program (RSTP) study of traffic signal timing along
the Saratoga-Sunnyvale Road and De Anza Boulevard corridor from Mathilda Avenue in the
north in Sunnyvale down to Homestead Road and 1-280 in Cupertino; and
WHEREAS, in order to receive no-cost consultant services from MTC, the City must
execute a standard indemnification agreement with MTC waiving all City claims against MTC
arising from the City's participation in the RSTP study, indemnifies, holds harmless, and defends
MTC against any associated third party claims against MTC, except those arising from MTC's
negligence or misconduct; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes the City Manager to execute a Waiver of Claims and Indemnification
Agreement between the City and Metropolitan Transportation Commission for the City to
receive consultant services at no cost to the City for a joint traffic signal timing study along De
Anza Boulevard and Saratoga-Sunnyvale Road with the City of Sunnyvale.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of May, 2004, by the following vote:
Vote
Members Qfthe Q!y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Lowenthal, Sandoval, Wang
None
James
None
ATTEST:
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City Clerk y-;