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102-Attachment A.pdfAttachment A AGREEMENT BETWEEN THE CITY OF CUPERTINO, CUPERTINO UNION SCHOOL DISTRICT AND FREMONT UNION HIGH SCHOOL DISTRICT ON TRAFFIC PILOT PROGRAM This Agreement, dated 5epf, 20, zc + o by and between the City of Cupertino ("City"), Cupertino Union School District ("CUSD") and the Fremont Union High School District ("FUHSD") addresses efforts to deal with traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School. WHEREAS, traffic congestion and safety around Manta Vista High School, Lincoln Elementary School, and Kennedy Middle School, has been an issue for the Cupertino City Council for a number of years; and WHEREAS, City funds the crossing guards around Kennedy and Lincoln schools and Council set aside additional funds for the Sheriff's Office to address the issue; and WHEREAS, traffic congestion and safety are also a concern for CUSD and FUHSD and FUHSD engaged Hexagon Transportation to perform a traffic study and recommend ways to reduce congestion and improve safety in the Monta Vista High School area; WHEREAS, representatives of the City, FUHSD, CUSD, and the Sheriff's Office met to review and discuss the report and its recommendations on July 20, 2010 and the participants reached consensus on the actions to be taken this fall as part of a four month pilot project; NOW, THEREFORE, the parties agree to implement the following from late August 2010 to late December 2010 and report the results to the City Council and School Boards in January 2011 along with recommended next steps: CITY/SHERIFF'S OFFICE 1. The. current level of Sheriff's deputies serving at school start and ending times will continue. 2. Additional Sheriff's deputies will be provided for 30-60 minutes in the morning and the afternoon to direct traffic at Hyannisport Drive/Bubb Road and/or Fort Baker Drive/Hyannisport Drive. 3. The Crossing Guards on McClellan Road at Lincoln Elementary will be trained to pool and coordinate students crossing the street. 4. New Crossing Guards will be added at Orange/McClellan and McClellan/Bubb. IL FUHSD/CUSD ACTIONS Create a new student drop-off zone within the newly reconstructed Monta Vista High student parking lot. 2. Continue the practice among the schools in the area of staggering the hours 'of the school day. 3. Provide programs encouraging walking and biking to school. 4. Create a cell phone waiting zone at the Manta Vista High School student parking lot where those driving can wait to get a call from their passenger before going to pick them up. S. Evaluate possible capital improvements such as additional traffic signal, pedestrian crossing signal, and bicycle cages and consider funding or contributing to the funding of capital projects. 6. FUHSD will participate with the City in funding half of the operating costs of this pilot project. It is anticipated that the additional overtime over the four -month pilot period for the Sherriff s deputies will be up to $10,000, and that the cost of the two additional crossing guards over this same time would be $10,000. The City has already provided $10,000 and FUHSD will provide an additional $10,000. If the total costs are less than $20,000, the City and FUHSD will share the savings equally. FUHSD shall be invoiced by the City by January 7, 2011, and FUHSD payment of the final sum, up to $10,000, shall be made no later than January 31, 2011. III, RIGHTS, DUTIES, LIABILITIES 1. Each party in this Agreement acknowledges that this Agreement does not diminish or expand any rights, duties, liabilities, immunities or defenses any part to this Agreement has to any third party claims, demands, or suits that. presently exist, or that may arise in the future, including, but expressly not limited to these immunities or defenses existing under Government Code sections 815 et.seq., Education Code Section 44808, or any other statue or law. Each party further acknowledges and agrees that this Agreement does not confer on any party to this Agreement any additional rights, responsibilities, remedies, or liabilities against any party to this Agreement as to any existing or future third party liability claim, demand, or suit. IV. NOTICES Communications relating to this Agreement shall be in writing and shall be delivered personally, sent by United States mail, first class postage prepaid, or by private messenger or courier service: To the City: David Knapp, City Manager City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 To FUHSD: Polly Bove, Superintendent Fremont Union High School District 2 589 W. Fremont Ave. Sunnyvale, CA 94087 To CUSD: Phil Quon, Superintendent Cupertino Union School District 10301 Vista Ave- Cupertino 95014 To Sheriff's Office: Captain Terry Calderone, WV Patrol Div. Cmdr. Santa Clara County Office of the Sheriff 1601 S. DeAnza Blvd. 4148 Cupertino, CA 95014 IV. SIGNATURES EN WITNESS WHEREOF, the parties execute this Agreement: CITY OF CUPERTINO I ` Date: 1 o By: �w Y David Knapp, City Manager APPROVED AS TO FORM: arol Korade, City Attozxiey FREMONT UNION HIGH SCHOOL DISTRICT Date: in Polly Bove, Superintendent CUPERTINO UNION SCHOOL DISTRICT Date: 2� By: Phil Q , Superintendent 589 '\V. Fremont Ave. Sunnyvale, CA 94087 To CUSD: Phil Quon, Superintendent Cupertino Union School District 10301 Vista Ave. Cupertino 95014 To Sheriff's Office: Captain Terry Calderon, WV Patrol Div. C:m.dr. Santa Clara County Office of the Sheriff 1601 S. DeAnza Blvd. #148 Cupertino, CA 95014 IV. SIGNATURES IN WITNESS WHEREOF, the parties execute this Agreement: CITY OF CUPERTINO R Date: IO By: y �. - David Knapp, City Manager APPROVED AS TO FORM: (6a, arol Korade, City Attomey FREMONT UNION HIGH SCHOOL DI CT Date: ID By: � ` Polly Bov Superintendent CUPERTINO UNION SCHOOL DISTRICT Date: BY: Phil Quon, Superintendent