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HomeMy WebLinkAboutAGENDA REPORT 2002 1120 CC REG ITEM 10G1p, G MOORPARK CITY COUNCIL------------ - --� AGENDA REPORT _ '17v4ii at,, TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: November 7, 2002 (Council Meeting 11- 20 -02) SUBJECT: Agreement Between the City and the County of Ventura Pertaining to the Sharing of Maintenance Costs for the Traffic Signal at the intersection of Tierra Rejada Road, Miller Parkway and Moorpark Road DISCUSSION A. Overview It is common for agencies which share intersections to also share the cost of the maintenance of the traffic signals at such intersections. B. Temporary Signal at "Old" Moorpark Road The City and the County of Ventura ( "County ") entered into an Agreement with respect to the construction and maintenance of the temporary traffic signal installed at "old" Moorpark Road. That Agreement was recently amended to identify certain anticipated shared costs to be incurred when the traffic signal is removed and the median is constructed to prevent left -turn movements at that location. When that work is completed and payments are made, that Agreement will terminate. C. Agreement Attached as Exhibit 1 is an Agreement setting forth the terms for the sharing of maintenance and operations costs for the subject traffic signal. Under the terms of that Agreement, the traffic signal will continue to be owned and operated by the City, and the County will pay the City an amount equal to twenty -five percent (250) of the costs incurred by the City. The City Attorney has reviewed this document. MpkRd Sig Agree f � t"� '` D r ��`` . ,a:. 0.; Traffic Signal Maintenance Agreement Moorpark Road and Tierra Rejada Road November 7, 2002 Page 2 STAFF RECOMMENDATION Approve the Agreement and authorize the Mayor to execute same. Attachments: Exhibit 1: Agreement Truck ban 0211 EXHIBIT TRAFFIC SIGNAL COST SHARING AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA THIS AGREEMENT, made and entered into this day of , 2002, by and between the CITY OF MOORPARK, a municipal corporation (herein referred to as "City "), and the COUNTY OF VENTURA, a political subdivision, California (herein referred to as "County "). WHEREAS, the traffic signal (herein "Signal ") at the intersection of Tierra Rejada Road, Miller Parkway and Moorpark Road (herein "Intersection ") is located at an intersection of a City street and a County road; and Signal. WHEREAS, City and County desire to share the cost of maintaining and operating the NOW, THEREFORE, the City and County agree as follows: 1. The term of this Agreement shall extend from the above date of this Agreement until terminated by either party. 2. City shall maintain and operate the Signal. 3. The cost of such maintenance and operation (herein "Costs ") shall consist of the following categories of cost: a. Energy costs; b. Monthly preventative maintenance costs; C. Costs related to emergency response service and other extra work to provide for the continuous operation of the traffic signal equipment; and d. Mutually beneficial modifications to the signal such as obsolescence or the need to improve energy efficiency and reliability, that receive prior approval from both the City and County. 4. County agrees to pay City twenty -five percent (25 %) of all Costs incurred by the City. Prorata share is based upon the number of roadway approaches to the Intersection that are outside of the City limits. 5. Notwithstanding the provisions of paragraphs 3 and 4 above, if the design of the signal or intersection are modified by or at the request of either party without prior written agreement of the other party to share in the cost of the modification, the party making the modification shall pay all costs of modification. 6. The provisions of this Agreement may be revised or modified at any time. However, any modification to the Agreement shall become effective only when agreed to in writing by both City and County. 7. At the beginning of each calendar year, City shall provide County with an annual invoice for County's prorata share of the Costs, for the prior calendar year, provided that the invoice for the first year shall be for the period starting the day "new" Moorpark Road is opened to traffic. Each invoice shall include a written verification with a detailed accounting of all Costs paid and all costs adjustments, rebates or restitutions collected by City. In the event the signal is damaged as the result of a traffic accident, City shall provide County with a copy of any accident report generated by said accident, within sixty (60) days said report is provided to the City Public Works Department. City shall also provide County with an itemized accounting of all costs incurred by City resulting from such damage, within 60 days of the date said costs have been determined by the City. Payment, by County, of County's prorata share of the Costs, as reflected on such annual invoices, shall be made within 30 days of the receipt of the invoice. 8. County shall defend, indemnify and hold harmless the City, its elected officials, officers and employees, from any and all claims, lawsuits, demands, judgments and all liability including but not limited to, monetary or property damage, personal injury, wrongful death, general liability and automobile liability, including all costs and expenses of litigation or arbitration, arising out of, directly or indirectly, any act or omission of the County or its agents or subcontractors in the performance of the obligations and duties required of County under this Agreement. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work utilized in performing the obligations and duties required of County under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting cost and any other costs required for and related to such litigation. 9. City shall defend, indemnify and hold harmless the County, its elected officials, officers and employees, from any and all claims, lawsuits, demands, judgments and all liability including but not limited to, monetary or property damage, personal injury, wrongful death, general liability and automobile liability, including all costs and expenses of litigation or arbitration, arising out of, directly or indirectly, any act or omission of the City or its agents or subcontractors in the performance of the obligations and duties required of City under this Agreement. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work utilized in performing the obligations and duties required of City under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting cost and any other costs required for and related to such litigation. -2- 10. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. 11. Time is of essence with regard to performance of any of the terms or conditions of this Agreement. 12. This Agreement may be terminated at any time by the Directors of Public Works of the City or County, by giving at least 60 calendars days prior written notice to the other party of intent to terminate the Agreement. In the event of such termination, County agrees to reimburse City for all prorata Costs accrued up to the time of termination within 30 days following submission of a final statement by City. 13. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. 14. In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party. 15. This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Exclusive venue for any action involving this Agreement will be in Ventura County. 16. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of traffic signal maintenance services. 17. Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement. -3- 18. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: TO CITY: City of Moorpark Attention: City Manager 799 Moorpark Avenue Moorpark, CA 93021 TO COUNTY: County of Ventura Attention: Director of Public Works 800 South Victoria Avenue Ventura, CA 93009 -1620 19. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in frill force without being impaired or invalidated in any way. In accordance and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written. CITY OF MOORPARK: Patrick Hunter, Mayor ATTEST: COUNTY OF VENTURA: Chair, Board of Supervisors ATTEST: John F. Johnson Clerk of the Board of Supervisors, County of Ventura, State of California Deborah S. Traffenstedt, City Clerk By: Deputy Clerk of the Board APPROVED AS TO FORM: Joseph Montes, City Attorney -4-