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CC Resolution No. 06-200 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 of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Kwok, Lowenthal, Mahoney, Sandoval None None None ATTEST: APPROVED: ..'" ~Y1L !"ii ~3n?",-tl City Clerk :;