85-048 County of Santa Clara sharing control and costs of traffic signal at intersecion of Stevens Creek and Tantau Ave (Reso 6671)AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
THE COUNTY OF SANTA CLARA FOR CONTROL AND
MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTION OF
STEVENS CREEK BOULEVARD AND TANTAU AVENUE
AND FOR THE SHARING OF CERTAIN COSTS THEREOF
THIS AGREEMENT, made and entered into this day of DEC 3 1985
198, between the CITY OF CUPERTINO, a municipal corporation of the State of
California (hereinafter referred to as "City"), and the COUNTY OF SANTA CLARA,
a political subdivision of the State of California (hereinafter referred to as
"County");
W I T N E S S E T H:
WHEREAS, the parties desire to provide for the City to perform traffic
signal and safety lighting maintenance functions at the intersection of Stevens
Creek Boulevard and Tantau Avenue, and
WHEREAS, City and County desire to pay their proportionate shares of the
financial responsibility regarding traffic signals and safety lighting situated
at said intersection,
NOW, THEREFORE, in consideration of their mutual promises, covenants and
agreements herein contained, the parties hereto do hereby agree as follows:
1. This Agreement shall supersede any previous agreement for the
operation, maintenance and sharing of costs for traffic signals located at the
intersection of Stevens Creek Boulevard and Tantau Avenue, and/or amendments
thereto between City and County.
2. Operation and maintenance of traffic signals and safety lighting shall
be vested with the City.
11
3. The cost of rendered maintenance shall be determined as follows:
(a) A mutually acceptable, standard monthly maintenance fee for the
servicing, maintenance and repair of traffic signals which have become worn or
defective from normal use.
(b) For repairs made to equipment damaged in vehicular accidents, City
shall calculate its costs for each such repair and shall bill County
accordingly.
(c) City shall pay all traffic signal energy charges directly to the
public utility providing same. City shall bill, and County shall reimburse
City for County share of such traffic signal energy costs.
4. Operation and maintenance costs of traffic signals and safety lighting
at the intersection of Stevens Creek Boulevard and Tantau Avenue shall be
shared between City and County in the same ratio as the number of legs in the
intersection under each jurisdiction bears to the total number of legs.
Whenever City annexes streets containing traffic signals which are under this
Agreement, City shall henceforth assume the financial responsibility for such
traffic signals, using the above-mentioned method for determining cost-sharing
ratios.
5. City shall annually submit its billing to the County for those items
contained in Paragraph 3 hereof, based upon the formula contained in Paragraph
4 hereof. The billing period shall begin on January 1st, and end on
December 31st, of each year. Payment by County shall be made within thirty
(30) days after receipt of bill.
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4
6. It is mutually understood and agreed:
(a) That neither County, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by City under or in connection with any work, authority or
jurisdiction delegated to City under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.4, City shall fully
indemnify and hold County harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by City under this Agreement under or in connection with
any work, authority or jurisdiction delegated to City under this Agreement.
(b) That neither City, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by County under or in connection with any work, authority or
jurisdiction delegated to County under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4, County shall
indemnify and hold City harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by County under or in connection with any work, authority
or jurisdiction delegated to County under this Agreement.
7. This Agreement shall take effect on the date of execution hereof and
shall remain in full force and effect until amended or terminated.
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4
This Agreement as above may be amended or terminated at any time upon
mutual consent of the parties hereto. This Agreement may also be terminated by
either party upon thirty (30) days notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the following dates:
City:
County:
b E%
APPROVED AS TO FORM: CITY OF CUPERTINO, a
municipal cor ration
y City Atto n By p
ay, r
ATTEST:
/ f And
T City Manager
Cit Clem_
"City"
APPROVED AS TO FORM AND LEGALITY: COUNTY OF SANTA CLARA
Aputy County Counsel
ATTEST:
Q-4- Qz�t4
Clerk oard of S -V8 visors
.DONALD M. RAINS..
Chairperson, Board of Supervisors
Rod Dir(do7a
"County"
-4-
�,
Office of the Board of Supervisors
County Government Center, East Wing
70 West Hedding Street
San Jose, California 95110
(408)299-4321
County of Santa Clara
California
December 9, 1985
Ms. Dorothy Cornelius,
City of Cupertino
10300 Torre Avenue
Cupertino, California
Clerk
95014
Susanne Wilson, District 1
Zoe Lofgren, District 2
Thomas L. Legan, District 3
Rod Diridon, District 4
Dianne McKenna, District 5
Subject: A r ement etwe n the Cit of Cu ertino and he Cg >�ty
o anta Clara or controY and muRintenance otf tray iac
signals at the intersection of Stevens Creek Boulevard
and Tantau Avenue and for the sharing of certain costs
thereof.
Enclosed you will find two fully executed Nppy/copies
of the subject agreement/X]QMJX-RX)t)�AXXXX between the
County of Santa Clara and the party named above. The
Board of Supervisors at its regularly scheduled meeting on
December 3, 1985 , approved this agreement)�ypXitXj4y,��
)J,y',$)aX)e on behalf of the County.
The enclosed is for your files.
Very truly yours,
OF SUPERVISORS`
DONAL M. RAIN -, ER
Deputy Cle
DMR: b jm
Enclosures
% 8608 REV 12/84 An Equal Opportunity Employer
Rt-2-7URN TO CITY
OF CUPERTINO
10300 TORRE AVE.
Ct WE_E-:TINO, CA 95014
RESOLUTION NO. 6671
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND THE COUNTY OF SANTA CLARA FOR CONTROL AND MAINTENANCE
OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF
STEVENS CREEK BOULEVARD AND TANTAU AVENUE AND FOR THE
SHARING OF CERTAIN COSTS THEREOF
WHEREAS, the traffic signals and safety lighting at the intersection
of Stevens Creek Boulevard and Tantau Avenue lie within the jurisdictions
of both the City of Cupertino and the County of Santa Clara; and
WHEREAS, the parties hereto, desire to provide for the City to perform
traffic signal and safety lighting maintenance functions at said
intersection with each jurisdiction to pay its proportionate share of the
financial responsibility; and
WHEREAS, there has been presented to the City Council a proposed
agreement for the operation, maintenance, and cost sharing for the traffic
signals at the intersection of Stevens Creek Boulevard and Tantau Avenue;
and
WHEREAS, the terms and conditions of said agreement have been approved
by the City Attorney and the Director of Public Works;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
, hereby authorized to execute the aforementioned agreement in behalf of the
City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of September , 1985 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Rogers, Sparks, Johnson
NOES: None THIS IS TO CERTIFY T! - . - ""1_H1r,,
INSTRUMENT IS ATRUE- ANID CORRECT COPY
ABSENT: None OF THE ORIGINAL I FILE 11`1 THIS OFFICE.
ABSTAIN: None
ATTEST:
ATTEST
CITY C 4ci_
i RTINO
9Y
APPROVED:
/s/ Dorothy Cornelius _ /s/ Phil N. Johnson_
City Clerk Mayor, City of Cupertino