1973-037 Authorizing bicycle safety exercise of powers agreement.PWH :pm 3-16-75
RESOLUTION N0. 1973-37
RESOLUTION AUTIIORI ZI NG BICYCLE SAFETY.
P:XERCISE OI' POWERS AGREEMENT-
Vice-
RESOLVP-,D, the/Mayor o£ the Town n£ Los Gatos i.s hereby
authorized and directed to sign on beh al£ of the Tocvn o£
hos Gatos the original Join L- Exercise of Powers Agreement
concerning Santa Clara County Bicycle Safety Project, a
espy o£ which is attached hereto.
PASSED AN1] ADOPTED at a regular mee ti.ng of
the Toron Council of the Town of LosGa tos held on the 19th
da.y of March 1973, by the £ollowing vote:
AYES: COUNCILMEN Egon Jensen
John B. Lochner
Mark B. DiDuca
NOES: COUNCILMEN
AD SENT: COllNCILMEN Ruth Cannon
Charles E. DeF re itas
57 GNED: VICE-61Y~XOR OI' TI{E TOuVN`~(OF LOS GATOS
ATTEST:
),~ ~ -i,>
CLERK QIf TLIE TOWN/OI' Ii~ S GATOS
FPY:DML;rs
12/27/72
JOINT EXEP,C ISE OF PO!?ERs AGREED~NS
BETW$'Ei1 THE CITY OF SAN JOSE, Tttr, CITY OF
CAMPBELL, T}IE CITY OF GILAOY_, T}'"it. CITY Gr^
h10RGAN HILL, TY,r T0;4N OF LOS GLTOS, T}}E CITY
OF }3ILPITAS, THE CITY OF MOUAT.4IPI VIE41, TH'E
CITY OF SP:t:'TA CLARA, Thr. CITY OF TFTr~ TOWN OF
LOS ALTOS RILLS, TELr• CITY OF 5.4RAT~GA, THE CITY
OF CUFE RT I??0, ThE CITY OF MONTE SEP•E}i0, Tf:E
CITY OF LOS ALTOS, AND T}iE COUNl'Y OF SAiJTA
CLARA FOR THE BICYCLE SAFETY PROJECT FOR SANTA
CLARA COU•:TY.
THIS AGREEh1ENT, made and entered into this 19th day of
March , 1973, by and between the CITY OF SP.N JOSE, a
municipal corporation of the State of California, hereinafter referred
to as "San Jose"; the CITY Or CAMPBELL, a municipal corporation of the
State of California, hereinafter referred to as "Campbell"; the CITY OF
GILROY, a municipal corporation of the State of California, hereinafter
referred to as "Gilroy"; the CITY Or^ MORGP.ti HILL, w municipal corporation
o£ the State'o£ California, hereinafter re-f erred to as "h;orzan Hill"; ihr~
TO`+IAT .OF LOS GATCS, a nnm.ic ipa.l corporation of the .State of Ca lif ern S.^.,
hereinafter referred bo as "Les Gates"; the CITY OF MILPITA S, a m~.rr,ic ipal
corporation of the :State of California, hereinafter referred to as °3ti 1-~
pitas"; t}?e CITY OF h;0i. ~'TAI.d VIF',?, a m~nicipa.l cor^oration of the ,-..ate
of Ca~1 if ~ pia, hereinafter referred to as "hiountai r. Vie-.r"; the CI'L" OF'
SAD'IA CL4 P,A, a municipai corpora ti.o.^. of the State o£ Callf ern i.a, here.in.-
after referred to as "Saute. Claa~a"; the CITY OF THE TO`r`N OF LOS AITOS
HILLS, a ~i~unic inai corporation o° the State of California, herein aster
referred to as "I_cs Altos Hi11s"; the CITY OF gAR?:TGGA, a municipal
corporation o£ the State of California, hereinafter referred to as '•Sara-
toga"; the CITY OF Ci;PEF.'TI2I0, a municipal corporation of the State of
California, hereinafter referred to as "Cupertino°; the CITY OF };ONTE
sERENO, a municipal. corporation of the State of California, hereinafter
referred to as "15orte Serene"; the CITY GF II~S ALTCS, a r.:u~_iicipal corp-
oration of the State of California, hereinafter referred io as "Los
Altos°; and the COUNTY OF SA N'IA CLAR4, a political subdivision of the
State of California, hereinafter referred to as °C ounty"; hereinafter
collectively referred to as "Project, Participants";
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' W I T N E S S F. T H:
REC IT AIS
A, San Jose has executed, on behalf of all Project Participants,
a Traffic Safety Agreement with the State of-California, under the Cal-
if ornia Vehicle Code Section 2907 and 23USCA §402,for funding to implement.
that certain project entitled "Bicycle Safety for Santa Clara County,"
a copy of said agreement being on file in the office of the City Clerk
of the City of San Jose, said copy bell?g hereby referred to for full par-
ticulars respectingits contents. The parties hereto nosy desire to
provide for implementation, performance and carrying out said project.
NOW, THEHEFOTiE, for and in consideration of their mutual promises
and agreement herein contained, Protect Participants hereby agree as
follows:
Section 1. Authority For Aereeme nt. -
This agreement is made pursuant to Chapter 5 of Division 7 of
Title I of the Oovernn-~nt Code o£ the State of California (Section 5500
et seq.) and relates to the exercise of powers cor:mon to the Project
Fartieipants. The. Project Participants areeach empowered by the lams
of the State of California to plan, implement, carry out and pay for
said project in their respective jurisdictions. This common power will
be jointly exercised as hereinafter set forth.
Section 2, Purpose ofPr.o'ect.
The purpose of the project entitled "BicycleSafety for Santa
Clara County" ,(hereinafter called "Project"), is to reduce the number
and severity of bicycle accidents vaithin the County o£ Santa Clara
through the development and implementation of bicycle safety education
and enforcement programs, including (1) working with schools to make
students aware of the safe way to bicycle; (2) working with-local juris-
dictions to build a community supported enforcement program; and (3)
developinga public education campaign for drivers, adult bicyclists
and parents.
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Section 3. Purpose of A^ree me nt.
The purpose of this agreement is to implement, carry out and pay
for the establishment and maintenance ofthe Project within the juris-
dlction of each Project Participant.
Section 4, Ratification and suture Avth or ization.
Project Participants ratify the signingof said grant agreement
with the State of California, granting ~154,b&2.00 for said Project, on
behalf of Project Participants, for a term commencing on August 1, 197,
and terminating on June 30, 1973. Project Participants hereby authorize
San Jose to execute, on behalf of all the Project Participants, a renevral
of said grant agreement with the State of California to carry out said
Project Tor the period commencing July 1, 1973 and terminating June 30,
1974.
Secticn 5. Designation of Sav Jcse to F.d minister.
San Jose is hereby oath orized to administer this agreement cn
behalf of the parties to this agreer,.ent in accordance with the provisicns
of this agree me ntard that certain grant agreement with the State of
Calif or rria, Business and Transoor tation Agency, Office of Traffic Safety,
entitled "Traffic Safety Project F:gree me nt," t5~h ich is on file in the
Office of the City C lerk of the Oity of San Jose and by this reference
Ss incorporated herein as if fully set fcrth k:erein.
San Jose shall purchase a'_1 equipment, materials and supplies
necessary for the operation of the Project and shall provide the oersonrel
necessary to carry out t::^.e Project in acc orda nce with the applicable la:as
of .San Jose, except that San Jose will reimburse Pr oject Participants
from-.moneys received by it from said grants forcontributions of per-
sonnel and supplies to the Project, as provided for in Section 11 of
this agreement,
Section 6. Duratiom and Termination of Powers.
This agreement shall become effective as of the date it has been
executed by all the parties hereto and shall continue in full force and
effect until June 30, 1973, except as otherwise pr ovlded herein.. San
Jose is authorized, on behalf of all the Project Participants, to renew
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the grant agreement for said Pr o~ec t, referred to in Section ~ hereof,
for an additional one-year term, commencing on July 1, 1973, and ending
on June 30, 197. If said grant agreement is renewed for said addi-
tional one-year term, then this agreement shall be deemed toextend
for another year, fromJulyl, 1973 to 3une 30, 1974. San Jose shall
continue to exercise the powers herein conferred upon it until the term-
ination of this agreement, or until Project Participants shall have all
mutually terminated this agreement.
Section 7. Powers.
San Jose shall have the following powers:
(a) To implerr~nt, perform and carry out said Pr effect in the
manner provided for in the heretofore described grant agreement, and
do all things required of Project Participants by said agreement.
(b) To apply for and receive amounts of money from the State of
California for the purpose of implementing and carrying out said Prefect,
and to receive, expend and disburse all funds contributed to Protect
from wh2tever source and to receive and distribute personnel, equipr.;ent
and property for the Pr of ec L'.
(c) To do all acts necessary for the exercise of the powers here-
inabove specified in this Section 7 for the purposes hereinabove speci-
fied, including but not limited to, any.or all of the following: to
maY.e and enter into contracts; to employ agents .and employees, to acqu ire,
construct, rranage, maintain, operate, hold or dispose o£ property; to
incur debts, liabilities or obligations whichdo notconstitute a debt,
liability or obligation of said Cities and County or of any said Cities
or County; and to 'sue and be sued in its own name. Such power shall be
exercised subJect to:. (1) such restrictions upon the manner of exer-
eisingsuch powers as are imposed upon Stn Jose in its exercise of similar
powers, as provided in, and for the purpose of, Section 6509 of the
Government Code of the State of California; (2) such restrictions as
are set forth in this agreement; (3) such restrictions as nay be set
forth in the beret o£ore described gra nt agree me nt vrh ich San Jose entered
into with the State of California for moneys with which to finance said
Project,
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Section 8. Treasurer.
`The Director of Finance of the City o£ San Jose shall be t he
depository and have custody of all the moneys received by San Jose on
behalf of all Project Participants from the State of California for
Smplementation and operation of said Project. Said Director shall:
(a) Receive and receipt for all said money from the State of
California and place it in the Treasury of the City of San Jose;
- (b) Be responsible upon his official bond for safekeeping and
disbursement of all said money so held by him;
(c) Pay, when due, out of said money so held by him, all sums
due from San Jose for said Project and under the terms of this agreerr,ent,
only upon warrants of or checks issued by said Director;
(d) verify and report inivriting on the first day of July,
October, January and April of each year to the Project Participants the
amount of said money he-holds on behalf of all Project Partic inants,
the amount of receipts since his last report, and the amount paid out
since his last report.
Section 9. Auditor.
The Director of Finance of the City of San Jose shall perform all
functions of auditor cr controller, and he~shall:
(a) Draw warrants or cl.ecks to pay deira rds for said Project;
{b) Establish such funds and accounts as r,~a.y be required by gocd
accounting practice;
{c) Contract with a certified public accountant to make an annual
audit o£ the accounts and records kept by San Jose with respect to said
moneys. The minimum requirements of such audit shall be those prescribed
by the State Controller of the State o£ California for special districts
under Section 26809 0£ the Government Code, and shall conform to gener-
ally accepted auditing standards, A report oS such audit sha ll be filed
as public records with each o£ the Cities and also with the County Audi-
tor of the County of SantaClara. Such report shall be filed within
twelve (12) months of the end of the fiscal year under examination. All
costs of the audit, inc luding contracts with, or employment of, certified
public accountants, in making an audit pursuant to this Section shall be
borne by San Jose.
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Section 10. Pre,°rty Custcdian. ~ .
The Director of Public i•. orks of the City of San Jose shall nave
care and custody of all property delivered to San Jose, pursuant to this
agreement, in connection v:ith said Pr o,ject, until said property is deliv-
ered-to another Project Participant, at which time.Yts representative cn
the Santa Clara County Bicycle Safety Committee, hereinafter referred to
in Section 16, shall be custodian for said property so delivered, The
custodian of any said property shall keep adequate and complete records
of all said property in his custody and shall be responsible for its safe-
keeping and protection.
Section 11. Contribution of Services, Eetan~.:ent and Ct}:er Fro^ertg.
A. Campbell, Gilroy, Los Altos, Los Gatos, Milpitas, hicuntain
View, Santa Clara, Sunnyvale, F:organ :all and County shall _contribute
for the Project the services of a peace officer for the follo•ding: {1)
To Aid in the development and implementation of a prevention campaign as
it relates to bicycle safety vrithin their respective,jurisd°_etior,s; (<^)
To develop and i^plement an enforcement campaign for bicycle safety in
their respective ,jurisdictions; (j) To aid in the development and imple-
mentation of a uniforr., system of disposition for violators of bicycle
safety laws, ordinances and regulations; (4)To attend training and
orientation sessions to be held outside their respective Jurisdictions
no more than once each month during the term of this agreement for the
primary purpose of implementing the Pro,jeet, The services descri'oed in
(1),.(2), (3) and (4) above are hereinafter collectively referred to as
"Pro,ject Services." Insofar as feasible, in order to foster continuity
and consistency in the Pr o,7ect, each Project Participant enumerated at
the beginning of this Section 11 shall provide the services o£ one indiv-
idual peace officer, who shall be the same person during the term of
this agreement. _ '
B, San Jose will reimburse said Project Participants on a quarterly
basis for the follo•.ving Items related to said Project; and only for said
items and no others, in the followingmanner, it being expressly under-
stood that in the event San Jose is reimbursed by the State from grant
funds for said items, San Jose shall keep and retain said reimbursement
from said grant funds.
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Campbell: a sum not to exceed $2,000.00, payable at the rate of
$5,00 per man-hour for the project services of a Patrolman from the date
of execution ofthis agreement through June 30, 1973, and a sum not to
exceed $2,000.00, payable at the rate of $S.OG per man-hour forthe pro-
ject services of a Patrolman from July 1, 1873 through Jure 30, 7974.-
. Gilroy: a.sum not to exceed $2,000.00, payable at the rate of~-
$S.OO.per man-hour for the project services of a Patrolman from the date
of execution of this agreement through June 30, 1973, and a sum not to
exceed '$2,000.00; payable at the rate of $5,00 per man-hour for the pro-
ject services of a Patrolman from July 1, 1973 through June 30, 1874,
-~ Los Altos: a sum not to exceed $2,000.00, payable at the rate of
$5.00 per man-hour for the project services of a Police Officer from the
date of execution of this agreement through June 30, 1973, and a sum not
toexceed $2,000.00, payable at the rate of $5.00 per m~a.n-hour for the
project services of a Police Officer from July 1, 1973 through June 30,
1974.
-- Los Gatos: a sum not to exceed $2,.000.00, payable at the rate of
$5,00 per man-hour for the project services oP a Police Officer from the
date of execution of this agreement through June 30, 1973,-and a sum not
to exceed $2,000.00, payable at the rate of $5.00 per man-hour for the
project services of a Police Officer from July 1, 1973 through June 30,
1974
Morgan Hill: a sum not to exceed $2,000.00, oa yable at the rate
of $5.C0 per man-hour for the project services of a Patrolman from the
date of execution of this agreement through June 30, 1973, and a sum not
to exceed $2,000.00, payable at the rate of $5.00 per man-hour for the.
project services of a Patrolman from July 1, 1973 through~June 30, 1974.
Milpitas: a. sum not to exceed $2,000,DO, payable at~the rate of
$5.00 per man-hour for the project services of a Police ,Officer from the
date ofexecutionof this agreement through June 30, 1973, and a sum not
to exceed $2,000.00, payable at the rate of $5.00 per man-hour for tine
..project services of a Police Officer from July 1, 1973 through June 30,
1974.
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Mountain View: a sum not to exceed $$,000, payab le at the rate
of $5.00 per man-hour for the project services of a Police 0£Picer from
the date of execution of this agreement through June 30, 1973, and a
sum not to exceed $#,000.00, payable at the rate o£ $5.00 per man-hour
for the project services of a Police Officer from July 1, 1973 through
June 30, 1974.
Santa Clara: a sum not to exceed $6,000.00, payable at the .rate
o£ $5..00 per man-hour for the project services of a Patrolman from the
date of execution of this agreement through June 30, 1973, and a sum not
to exceed $6,000.00, payable at the rate of $5.00 per man-hour for the
project services of a Patrolman from July 1, 1973 through June 30, 1974.
County: a sum not to exceed $10,000.00, payable at the rate of
$5.00 per man-hour for the project services of a Deputy Sheriff from
the date of execution of this agreement throe ;h June 30, 1973, and a
sum not to exceed $10,000.00, payable at the rate of $5..00 per man-hour
for the project services of a Deputy Sheriff from July 1, 1973 through
June 30, 1974. It is understood that County provides the services of
the County Sheriff's Departr;ent to Cupertino, Los Flltos Hills, i•lonte
Sereno and .Saratoga on a contractual basis, and therefore Cainty agrees
that said Deputy Sheriff +~;hich County provides for the Project shall pro-
vide a minim am of 200 man-hours of project services in and for each of
said Project Participants from the date of execution of this agreement
through June 30, 1973, and a minimum of 200 roan-hours of project services
in and/or for each of said Project Participants from July 1, 1973 through
June 30, 1974.
Other: such other sums as a respecified for such other items as
are specified in the grant agreement for said Project.
Reimbursement hereunder sha).1 be subject to prior receipt by San
Jose of a statement, in aform approved by San Jose, specifying in detail
'$-
e e
the services performed during the quarter for which reimoursement s.s re-
quested. Each said statement shall be supported by such time records,
statements and other written data and comments as are required by Sa.n
Jose, together with a certification by a responsible officer of Project
Participant that said services for which reimbursement is requested have
actually been performed.
Section 12, Disposition oP Property.
Subject to the provisions of the above-mentioned grant agreement,
upon termination of this agreement,. all property of the Project shall
belong to and be distributed bet;reen the Santa Clara County Safety Council
and Santa Clara County 0£f ice o£.°ducation and among Project Participants
in a~manner determined by the C1Ly of San Sose and approved by the State
of California and the United States of Ar,:erica.
Sec tlon 13. Sever a'D ility,
Should any part, term, or provision of this agreement be decided
by the courts to be illegal or in conflict with any late of the State of
Calif er nia, or oche r.~~ise be rendered une of c. ceeble or ireffectua 1, the
validity of the re~*~a fining portions or provisions shall not be affected
thereby.
Secticn 14 Su r_ce ssor s, kssi; na;e nt.
This agreement shall be binding upon and shall inure to the be raf it
of the successors of the Project r^articipants. .Except Lo the extent ex-
...pressly providzd herein, none of the Project Participants may assign any
right or obligation hereunder without the consent of all the others.
Se¢t ion 15, Section Y:ead i. r??s.
All. section headings contained herein arefor convenience of a
reference only and are not intended to,define or limit the scope of any
provisionof this agreement.
Section 16. The Santa Clara County °icycle Safety Com~i.ttee.
Each Project Participant shall apcoint a representative to a com-
mittee composed of all Project Participants which shall be called The
Santa Clara Gounty Bicycle Safety Committee. The .man-hours of attendance
at said committee meetings shall not be considered as man-hours eligible
for reimbursement under Section 11 . Said committee shall rr~e et monthly
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dvring•the term of the Project for the purpose of coordinating Project
activities and aiding in the development of uniform programs, especially
in the area of enforcement.
Section 17. Bicycle Accident P.eoorts.
Within thirty (30) days of the execution of this agreement by all
Project Participants, each Project Participant shall submit to San Jose
one(1) copy of each and every official police accident report involving
one or more bicycles occurring within its jurisdiction for the period com-
mencing on January 1, 1969 and ending on the date of execution of this
agreement. Project Participants further agree to submit to San Jose, on
a mont'rly basis, one copy of each official police accident reo ort involy-
ing bicycles occurring within its jurisdiction during the term of this
agreement. It is understood and agreed 'oy and between the Project Parti-
i
cipants that any and all of said reports shall be furnished to San Jose
free of charge.
IN YlITIl'ESS i4}CR410F, the parties hereto have caused this agreement
to b° executed and attested by their proper officers thereunto duly auth-
orized, and tk:eit official seals to be hereto affixed, as of the da..y and
year first 2bove written.
APPP,OVED AS ^1C FCRT4:
~~ `-~,
Deputy City r:t for i?ey
Executefl on , 1p72
by
CITY' L';~ SPav JOSE, a municipal
corporation
ATTEST:
By
-ay or
"San Jose"
City Clerk, C ty of an Jose
APFROVED AS ^t0 FORM:
City Attorney
Executed on 1972
by
CITY 0'r' CAt~~BELL, a municipal
corporation
ATTEST:
By
I~iay or
"Campbell"
ity Cler •, ity of Campbell
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