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Home My WebLink AboutCC RESO 9717RESOLUTION NO. 9717 RESOLUTION AUTHORIZING TRAFFIC SIGNAL MAINTENANCE AGREEMENT The Mayor is authorized and directed to execute that certain Agreement between the City of Chula Vista and the City of National City providing for maintenance of traffic signals. PASSED AND ADOPTED this 17th day of December, 1968. ATTEST: c-N\LH„, / CITY CLERK TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of a municipal corporation, hereinafterbetween called."ChulalVissta",Y OF an VIHEA, CITY OF NATIONAL CITY a municipal corporation,hereinafterad Ted "National City"; called W I T N E S S E T H: WHEREAS, the parties hereto desire to provide for the main- tenance of certain approved traffic control devices at intersections, as defined in Section 365 of the Vehicle Code of the State of California, which are partially under the jurisdiction of both of the parties hereto, and to arrange herein for the particular maintenance functions to be perfoi;ued and to specify the cost of such maintenance. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. SERVICES: A. Chula Vista will furnish and perform all routine . maintenance and inspection services necessary to keep the facilities covered by the. terms of this agreement in satisfactory working condition. Such services shall include the following:r patrolling; emergency service; relamping; painting of standards and heads; necessary minor repairs and adjustments; and replacement for routine maintenance purposes of controller equipment, detectors, poles, heads and lamps. Chula Vista shall supply all necessary spare equipment. B. Chula Vista shall perform all extraordinary main- tenance service which shall include replacement and/or addition of major equipment due to obsolescence, wear or inadequacy and repair due to extensive damage from any cause. C. Chula Vista shall perform all necessary repairs due to vandalism and collision damages. 2. COSTS AND CHARGES: A. A flat monthly rate of Two Dollars and Thirty Cents ($2.30) per signal head shall be charged for routine maintenance. Chula Vista may adjust said monthly main- tenance charge -annually at the beginning of each fiscal year. However, if Chula Vista elects to adjust said charges, it shall give National City thirty (30) days written notice in advance of the effective date of such adjustment. B. Extraordinary maintenance costs and costs for repairs due to Vandalism or collision damages shall be assessed as set forth in Section . 2(C) � Such costs shall he the • actual costs of labor, parts and equipment use,.: and/or actually expended in each particular instance.. C. In the case of installations in intersections lying partially within the jurisdiction of each of the parties hereto, the percentact of costs and charges on such -1- installations to be borne by each of the parties -shall be in the ratio that number of approaches under their respective jurisdiction bears to the total number of approaches entering each such intersection. Electrical energy charges on such installations shall be billed directly to Chula Vista by the supplier and apportioned by Chula Vista in the manner-hereinabove specified. D. Chula Vista shall bill quarterly for the portion of costs and charges allocable to National City for the preceding quarter under the terms of this agreement. Bills" for extraordinary repairs and for vandalism and collision damage repairs shall show an itemization of the costs of labor, parts and equipment expended in each particular instance. National City shall tender payment of said bills to the Finance Officer of the City of Chula Vista within thirty (30) days after re- ceipt of same. 3 INSTALLATIONS COVERED: A. The number and location of all signal installations covered by the terms of this agreement shall be as set forth in Exhibit "A" attached hereto and made a part hereof by reference. Said Exhibit "A" may be amended from time to time as deemed necessary or desirable by Chula Vista or National City,. to adjust the -number and/ or location of signal.installations to be so covered, said amendment to be made in writing, signed by the Director of Public Works of the City of Chula Vista and the City Engineer of the City of National City. The terms of this agreement shall not be construed as establishing a basis of contribution toward the costs of new installations at intersections not included in Exhibit "A" attached hereto. B. Said Exhibit "A", and any and all amendments thereto, shall be as binding on the parties hereto as if fully set forth herein, provided, 'however, that said Exhibit "A" and any and all amendments thereto shall not be effective to change any of the terms of this agreement except the number and location of signal installations to.be covered. 4. LIMITATIONS, DURATION AND TERMINATION: A. No provision of this agreement shall:be construed to relieve National City from any liability imposed upon it by Statute or. otherwise, for the maintenance of its highways free from dangerous or defective conditions, and the City of Chula Vista shall not, by entering into this agreement, assume or be liable for any injuries or damages to persons or property arising from the use of said highways. The City of Chula Vista, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of National City or of any of its officers and employees, and the City of National City shall indemnify the City of Chula Vista and shall defend said City and its officers and employees against any claim for damages resulting therefro.;m. -2- B. No provision of this agreement shall be construed to relieve the City of Chula Vista from any liability imposed upon it by statute for the maintenance of its streets free from dangerous or defective conditions, and National City shall not, by entering into this agreement, assume or be liable:for' any injuries or damages to persons or property arising from the use of said streets. National City, its officers and employees, shall not be liable for the intentional or negligent acts or omissions of the City of Chula Vista, its officers or employees, and Chula Vista shall in- demnify National City, its officers and employees, against any claim for damages resulting therefrom., C. For the purposes of paragraphs A and B above, the terms "National City highways" and"Chula Vista streets" shall exclude the traffic control devices which are the subject of this agreement. -Should any injury occur by. reason of the dangerous and defective condition of said traffic control devices or by reason of the maintenance thereof, and liability should be imposed upon one of the parties hereto, the other party shall contribute toward the satisfaction of said liability a sum equal to the ratio which the number of approaches under its jurisdiction bears to the total number of approaches entering each intersection.. D. This agreement shall remain in full force and effect until amended by mutual consent of the parties hereto or terminated upon ninety (90) days written notice by either party. IN WITNESS WHEREOF, the parties -hereto have caused this agreement to be executed the day and the year first hereinabove set forth. THE CITY OF CHULA VISTA THE CITY OF NATIONAL CITY Mayor of -the City of Chula Vista Mayor of the CJty of National City J, s ATTEST City Clerk of Chula Vista Approved as to form by rye D. Lindberg, City Attorney n ;. ..:c City � , � .of Chula Vista ATTEST City/Clerk of'Naticn' City y '• ,� Approved as to form b C1�ci \ k�l\c Donald McLean, City Attorney The City of National City -3- LOCATION Broadway & "C" Street EXHIBIT "A" MAINTENANCE COST ALLOCATION National City - 1/3 - 33% Chula Vista - 2/3 - 67%