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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-117 USIC Locating Services Agmt - Underground Utilities Locating ServicesTemp. Reso. #13829 October 12, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2022- l I 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND USIC LOCATING SERVICES, LLC TO PERFORM UNDERGROUND UTILITIES LOCATING SERVICES UTILIZING CONTRACT PRICING PER THE AGREEMENT BETWEEN ORLANDO UTILITIES COMMISSION CONTRACT #RFP 21 5038 OQ AND USIC HOLDINGS, INC. D/B/A USIC LOCATING SERVICES, LLC; AUTHORIZING EXPENDITURES FROM THE APPROPRIATE ACCOUNTS NOT TO EXCEED THE BUDGETED AMOUNT OF $79,000.00, OR AS MAY BE AMENDED BY CITY COMMISSION FOR SAID PURPOSE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE, EXTEND AND RENEW THE AGREEMENT AND TO EXPEND BUDGETED FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City is responsible for providing underground utilities locations for the City's underground infrastructure including water, wastewater, and fiber network; and WHEREAS, as provided by City Code Section 6-148 (d), which states that the Temp. Reso. #13829 October 12, 2022 Page 2 of 4 Purchasing Officer may utilize contracts with other governmental agencies the City desires to enter into an agreement with USIC Holdings, Inc. d/b/a USIC Locating Services, LLC ("USIC") utilizing the Agreement between the Orlando Utilities Commission ("OUC") and USIC - Contract #RFP 21 5038 OQ. A copy of the Agreement between OUC and USIC is on file with the City Clerk and incorporated into this Resolution by this reference; and WHEREAS, it is the recommendation of the Acting Director of Public Services, the Director of Financial Services and the Purchasing and Contracts Manager that the City Commission approve the Agreement between the City and USIC and authorize the appropriate City officials to execute, extend and renew the Agreement and expend budgeted funds; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to approve the Agreement between the City and USIC, attached to this Resolution as Exhibit "1 ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT. - Section 1. The foregoing whereas clauses are ratified and confirmed as being true and correct, are the legislative and administrative findings of the City Commission and made a specific part of this Resolution; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The Agreement between the City and USIC, attached to this Temp. Reso. #13829 October 12, 2022 Page 3 of 4 Resolution as Exhibit "'I", is approved and the appropriate City Officials are authorized to execute, extend, or renew the Agreement and expend budgeted funds in an amount not to exceed $79,000.00, or as may be amended by City Commission. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Any scrivener or typographical errors that do not affect intent may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 5. If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Temp. Reso. #13829 October 12, 2022 Page 4 of 4 Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12th day of October 2022 ATTEST: KIMBERLY ILLON, CMC CITY CLERK MICH LLE J. GOMEZ us 0' RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN Utn DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. RIN, JR. A ORNEY TAM� ARAC The City For Your Life „ AGREEMENT BETWEEN THE CITY OF TAMARAC AND USIC HOLDINGS, INC., D/B/A USIC, LLC THIS AGREEMENT ("Agreement") is entered into on 2Wbetween the City of Tamarac , a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and USIC Holdings, Inc. d/b/a USIC Locating Services, LLC, an Indiana Limited Liability Company authorized to do business in the State of Florida, with its principal office located at 9045 North River Road, Indianapolis, IN 46240 (Contractor) for the purpose of providing Utility Locating Services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed pricing provided to the Orlando Utilities Commission and included and incorporated herein, Contractor shall comply with the terms and conditions within the Orlando Utilities Commission Contract #RFP 21 5038 OQ attached hereto as Exhibit A. All terms and conditions, including any amendments and renewals executed by the Orlando Utilities Commission, of the Orlando Utilities Commission Contract #RFP 21 5038 OQ set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. Upon execution of this Agreement, all references made to the Orlando Utilities Commission Contract #RFP 21 5038 OQ in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term: The term of this Agreement shall be concurrent with the term set forth in Exhibit A, through December 16, 2024, effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement as may renewed by the Orlando Utilities Commission, concurrent with renewal options approved by the Orlando Utilities Commission. This Agreement shall be automatically renewed by actions taken by the Orlando Utilities Commission. 4. This Agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order. 5. Pricing and Payments: Pricing shall be in accordance with unit pricing provided to the Orlando Utilities Commission and shall be for the actual amount as ordered by the City. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6. Insurance: In addition to the insurance requirements stated in the Orlando Utilities Commission Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required HOLM 01 The City For Your Life by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City must be named as a certificate holder and an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. This coverage shall be an "Any Auto" type policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. d. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. TAMS ARAC The City For Your Life e. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self- insurance retentions on Contractor's Liability Insurance policies. 7. Indemnification: a. To the extent permitted applicable by law, the City and the Contractor (as an "Indemnifying Party") shall indemnify and hold harmless the other party (as an "Indemnified Party"), its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Indemnifying Party or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the Indemnified Party or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. C. The Indemnifying Party shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Indemnifying Party and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Indemnifying Parry. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. e. In the event the injury or damage is caused by fault or negligence of City, Contractor, or other third party, the loss or expense shall be borne by each party to the extent and proportion of its adjudicated or negotiated fault or negligence. The Indemnified Party reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated TAMARAC The City For Your Life therewith shall be the responsibility of the Indemnifying Party under the indemnification agreement. g. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting: Neither City nor Contractor shall transfer or assign the performance required by this Agreement without the prior consent of the other party. This Agreement, or any portion thereof, shall not be assigned or subcontracted without thirty (30) day prior written consent of the City and Contractor. TA`MARAC The City For Your life 11. Termination: a. Termination for Convenience: This Agreement may be terminated by either the City or Contractor for convenience, upon seven (7) days of written notice to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. b. Default: In addition to all other remedies available, this Agreement shall be subject to cancellation by the City or Contractor for cause, should the City or Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt of written notice of such neglect or failure. 12. Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor upon fourteen (14) days written notice, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. TAMARAC The City For Your Life 13. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 14. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 15. Agreement Subject to Funding This Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement; and is subject to termination based on lack of funding. TAMARAC The City For Your Life 16. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17. Signatory Authority: Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. Contractor will be able to perform its obligations under this Agreement once Contractor has received a fully executed Agreement. 18, Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in anyunsdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 20. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 8811 Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Fox Rothschild LLP 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Attn: John R. Herin, Jr. T,, MA.�� The City For Your Life CONTRACTOR LISIC Locating Services, LLC Attn: Contracts 9045 River Road, Suite 200 Indianapolis, IN 46240 contracts(a)usicllc.com 21, Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK cJAMARAC.ORG Remainder of Page Intentionally Blank TAMARAC Cif? of Tamarac The City For Your Life Purc?asrng and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Chief Commercial Officer duly authorized to execute same. \,,,111II11111/ F TAI�j .� 0, W : ESTABLISHED : Q : 1963 : Q :0�. SEAL •'per;; ATTEST: Kimberly Ditl_V)n, CIVIC City Clerk i,Q I I 4 a2 Date ATTEST: ature of C rporBe Secretary Brooke J Egan Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC dmal-:- �J al -- Mich le J. Gomez, May (E) Date Apprgvedkas to form aqd legal sufficiency: n n, Jr., C(ty ,attorney USIC, LLC Company Name Chuck Adams Chief Commercial Officer A-\-'s-2.Z Date TAMARAC The City For Your Life CORPORATE ACKNOWLEDGEMENT STATE OF INDIANA: SS COUNTY OF MARION I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Chuck Adams, Chief Commercial Officer, of USIC, LLC a Delaware Limited Liability Corporation duly registered as a Florida Foreign Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thisI3day of , 207Z wtNOY VINARD Seal Notary Public - State of Indiana Marion County My Commission Expires May 10, 2024 I r ig ature of Notary Public to of Indiana at Large Print, Type or Stamp Name of Notary Public personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Exhibit B This Amendment is made this 23th day of August 2022 by and between USIC Locating Services, LLC (USIC) and City of Tamarac, FL and is intended to be made a part of the Agreement, No. 5038 OQ1, executed by USIC and Orlando Utilities Commission on December 17, 2021. The Agreement is hereby amended only as set forth below; all other terms, conditions and subsequent amendments of the Agreement shall remain in full force and effect. Ap12endix A Effective August 23, 2022, City of Tamarac, FL will be extending the service contract with USIC for an additional term through 12/16/2024 and/or as extended by the Orlando Utilities Commission. Pricing Per One Call Ticket $7.00 Project — For tickets exceeding 30 minutes $12.92 Per hr. Watch & Protect — By request $12.92 Per hr. After Hour Emergency Ticket $19.39 Flat Fee IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. City of Tamarac, FL USIC Locating Services, LLC By: By: __— ignature) (Signature) 'Q{1'' r J /) ,,-) Chuck Adams (Please print) (Please print) C,' 0e Title: N Title: Chief Commercial Officer Date 8/23/2022