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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-042Temp. Reso. 6970 Revised 2/24/95 Revised 2/28/95 CITY OF TAMARAC RESOLUTION NO. R-95-_ 9r�? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN OPEN-END AGREEMENT BETWEEN THE CITY OF TAMARAC UTILITIES AND THE SUNSHINE STATE ONE CALL OF FLORIDA, INC. AND BECOME A MEMBER OPERATOR OF THE SOLE SOURCE, NOT - FOR -PROFIT CORPORATION, PROVIDING UNDERGROUND LOCATIONS PRIOR TO CITY EXCAVATIONS AT A COST OF $3,393 TO BE FUNDED FROM ACCOUNT NO. 425-362-536-340, ENTITLED: "OTHER CONTRACTUAL SERVICES"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a locator service is required to prevent costly damage to underground facilities prior to excavating; and WHEREAS, the Florida State legislature has enacted the "Underground Facility Damage Prevention and Safety Act" under Section 556 of the Florida State Statutes; and WHEREAS, this act allows for the creation of a State-wide, not -for -profit, 1 Temp. Reso. 6970 Revised 2/24/95 Revised 2/28/95 underground locator service; and WHEREAS, the cost of the locator services for Sunshine State One -Call of Florida, Inc., has been budgeted for Fiscal Year 1995 under account No. 425-362- 536-340, entitled "Other Contractual Services" for an expected amount of $3,393; and WHEREAS, the City is desirous of becoming a member operator by entering into an open-end agreement, known as the Membership and Notification Center Agreement, with the Sunshine State One Call of Florida, Inc., attached herewith; and WHEREAS, it is the recommendation of the Utilities Director that the agreement be awarded to the sole source, Sunshine State One Call of Florida, Inc. WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute an open-end agreement with Sunshine State One -Call of Florida, Inc., providing the City with an underground location service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 0 Temp. Reso. 6970 Revised 2/24/95 Revised 2/28/95 CTI 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. ECTI N 2: That the appropriate City Officials are hereby authorized to execute an agreement with the Sunshine State One -Call of Florida, Inc. , subject to such revisions as are approved by the City Attorney and the City Manager. A copy of the agreement is attached hereto as Exhibit "1 ". SECTION 3: The City of Tamarac Utilities Department become a member operator of Sunshine State One -Call of Florida, Inc. corporation as provided for under the Membership and Notification Center Agreement. SE ION 4: That the agreement known as the "Membership and Notification Center Agreement" (attached herewith as Exhibit 1) is hereby approved to be enacted and awarded to Sunshine State One Call of Florida, Inc. SECTION 5 : Funding for the purchase of services under -this agreement is budgeted for Fiscal Year 1995 under Account 425-362-536-340, entitled "Other Contractual Services " for an expected amount of $3,393. SE ION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 3 Temp. Reso. 6970 Revised 2/24/95 Revised 2/28/95 SE TION 7 L_: If any clause, section, other part of 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. SE TION • This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this <F day of -Wzt . 1995. NORMAN RAMO ITZ �I MAYOR ATTEST: CAROL A. EVANS CITY CLERK RECORD ONFON I HEREBY CERTIFY that I h e MAYOR ABRAMOWIa roved this VRESOLUT as• 1: v M tc�r?to r DIST. 2: COMM. MISDW. g: COMM. SCHDIST. 4: COMM. MA MITC q'L 4. KRAFT CITY A T RNEY 4 EXHIBIT "I" �f- 9s-fZ MEIIBERSHIP AND NOTIFICATION CENTER AGREEMENT This AGREEMENT made and entered into as of die 8 day of March , 1995 , by and between SUNSHINE STATE ONE -CALL OF FLORIDA, INC., a Florida not -tor -profit corporation created by the 1993 Florida Legislature, hereinafter referred to as the "CORPORATION" and CITY OF TAMARAC hereinaftehref d to as the "MEMBER OPERATOR". W ITNESSETFI: c rre WHEREAS. CORPORATION was established as a not -for -profit corporation by the 1993 Florida Legislature in CS/HB 795, known as the 'Underground Facility Damage Prevention and Safety Act" (die "Act"). for die purpose of establishing a one -call toll free notification system ("System") to receive notification of planned excavation or demolition activities and to notify menhber operators of such planned excavation or demolition activities; and WHEREAS, MEMBER OPERATOR may become a member of tie CORPORATION by virtue of furnishing or transporting materials or services by means of an underground facility and shall use and participate in the System: and WHEREAS, MEMBER OPERATOR may by statute elect to participate as a member of the one -call notification center for any portion of the territory served by said MEMBER OPERATOR; and WHEREAS, the Act requires diat member operators proportionately share the cost of operating the System: and WHEREAS. CORPORATION desires to provide services to MEMBER OPERATOR and MEMBER OPERATOR desires to use the services provided by CORPORATION in die manner chosen by CORPORATION. NOW, THEREFORE, for and in consideration of die premises and the covenants hereinafter set forth, die parties do hereby agree, as follows: A. DUTIES OF MEMBER OPERATOR MEMBER OPERATOR agrees to do die following: 1. Remit payments as agreed upon herein. 2. Provide CORPORATION with accurate information on the location of Member Operator's underground facilities and timely update such information as underground facility changes occur in MEMBER OPERATOR's facilities. 3. Provide and maintain appropriate staff, equipment and materials at receiving location(s) of MEMBER OPERATOR so that CORPORATION can provide notification of excavations. 4. Provide all other information reasonably required by CORPORATION for the provision of services contemplated by the Act, 5. Comply with die procedures, standards and specifications established by CORPORATION for the operation of the System. 6. Read and become familiar with the Act. 7. Read and abide by the bylaws of CORPORATION. 8. Attend the Annual Meeting of die membership of CORPORATION, which is held for the purpose of electing directors and otherwise directing the affairs of the CORPORATION, as set forth in the bylaws. 9. Promptly pay to CORPORATION all dues, fees, charges or assessments properly made in accordance widi the Act and CORPORATION'S articles of incorporation and bylaws to provide operating funds for CORPORATION. le' l5-fz EXHIBIT "1" 10, Hereby grants CORPORATION a license to use all information or data furnished by MEMBI-R OPERATOR to CORPORATION for the purpose of operating die System or maintaining records required by law, but for no oilier purpose. B. CONDUCT OF OPERATIONS OF CALL NOTIFICATION CENTER. CORPORATION and MEMBER OPERATOR agree that CORPORATION may contract with a person, firni or oilier entity, knowledgeable and experienced in the business of operating a one -call notification center ('Contractor"), to staff and conduct die operations of die System ou behalf of CORPORATION and for the use and benefit of CORPORATION, MEMBER OPERATOR and otherntenihersofCORPORATiON. CORPORATION will provide MEMBER OPERATOR with a copy of any contract entered into widi any Contractor and CORPORATION will provide MEMBER OPERATOR with a copy of any amendments, modifications, addendunis or renewals of such contract. C. 01"'T ITIONAL STANDARDS CORPORATION and MEMBER OPERATOR agree that CORPORATION may from time to time establish operational procedures, standards and specifications that CORPORATION will require to he followed explicitly by Contractor, CORPORATION and meniher operators in die operation and use of die System. MEMBER OPERATOR agrees to be bound by and perform under such procedures, standards and specifications. D. CONFIDENTIALITY. CORPORATION agrees to the extent permitted by law to maintain confidentiality of any information or data received by CORPORATION regarding the System, subject only to CORPORATION'S use of such informatio❑ and data in its ordinary course of doing business. CORPORATION will require any Contractor to afford confidential treatment to information and data provided by MEMBER OPERATOR to CORPORATION. E. COMPENSATION MEMBER OPERATOR agrees to compensate CORPORATION for the provision of call notification services on the basis of a per notification charge (sometimes referred to as a per ticket charge). For example, if an excavator notifies die CORPORATION of its intention to excavate in a particular area and die MEMBER OPERATOR is notified of the excavator's plans, then CORPORATION will bill MEMBER OPERATOR for that notification. i. The following criteria will apply to die billing of MEMBER OPERATOR: a. Billing will be done monthly for all notifications (tickets) accomplished in the preceding calendar month. b. Billing may include an additional aniouut added to each ticket by CORPORATION, as an assessment to fund the operations of CORPORATION, which assessment level shall he determined from time to time by the CORPORATION's Board of Directors, in accordance widi die Act and the articles of incorporation and bylaws of CORPORATION. The assessment portion of die per notification (ticket) charge niay vary, up or down, depending on the administrative expenses and needs of CORPORATION, as determined by lawful action of the Board of Directors. ?. The initial level and -amount of fees and assessments shall be as follows: a. For notification services, per notification (ticket) - $.79. b. For administrative expciiscs of CORPORATION, per notification (ticket) - $.06. 3. Tlie fees and assessments will remain constant until CORPORATION, acting lawfully by action of its Board of Directors and in die hest interests of its member operators, changes the fees and assessments. 4. MEMBER OPERATOR agrees that any change in fees and assessments made by CORPORATION may he made by CORPORATION upon 30 days written notice to MEMBER OPERATOR. without the necessity for any written nioditication to this agreement. EXHTBTT "T" 'e, 75-42- • 5. MI -MBI:R OPFR:�TOR agrees to remit all ainuunts irn erly due and owing ut CORPORATION p b Willi", 30 days after hilling. MEMBER OPERATOR further agrees to die imposition of a late charge of 1.5% of any hill Tint timely paid. F. EXCLUSiVIv PROVISION OF SERVICE MEMBER OPERATOR agrees that CORPORATION shall be die exclusive contractual provider of call notification services tor the territory specified in Attachment B hereto, as long as this Agreement is in effect, alt-hough nodting herein ~hall prevent MEMBER OPERATOR from receiving notification calls itself. MEMBER OPERATOR agrees that use of services provided by CORPORATION shall not create any proprietary rights in MEMBER OPERATOR to any of CORPORATION'S assets or data base or the right to obtain inti�rhnation about any odher member operator's facilities or operations. G. EFFECTIVE- DAf l _ nF AGREEMENT. This agreement shall become effective with regard to the ntemhership of M FM BI,:R OPERATOR in CORPORATION upon execution by hodh parties. This agreenhent shall become rflcctivc with regard to services provided by CORPORATION upon activation of the S_vstrnt and the commencement of operations by CORPORATION. H. TERM OF AGREEMENT CORPORATION and MEMBER OPERATOR agree that this agreement ,hall he in full force and effect for so long and only so long as MEMBER OPERATOR is a member in good standing of Suttshine State One -Call of Florida, Inc., or unless terminated in accordance with the provisions set fords hereinafter. 1. MEMBER OPERATOR or CORPORATION may terniirhate this agreement after the expiration of 90 days written notice to the odher party. Z. CORPORATION or MEMBER OPERATOR may terminate this agreement for cause upon 30 days written notice. The following shall constitute cause: a. Failure of CORPORATION to provide call notification services that are adequate or acceptable to MEMBER OPERATOR after CORPORATION has begun to provide service. b. Failure of MEMBER OPERATOR to promptly and fully pay for services received from CORPORATION. c- Failure of MEMBER OPERATOR to remain a member in good standing of CORPORATION. d. Failure of MEMBER OPERATOR to provide requested information necessary to allow CORPORATION to properly discharge the duties of operating die System. 3. If MEMBER OPERATOR is terminated for cause under paragraph 2 above, and subsequently applies for reinstatement as a member. MEMBER OPERATOR shall do die following as a condition to reinstatement: a. Pay any outstanding charges, fees or assessments due to CORPORATION. b. Pay CORPORATION an administrative reinstatement fee in the amount of $500.00. 1. SEVERABiLITY. In die event that any provision of this agreement shall he held to be unenforceable such unenforceability shall not affect any otter provision of this agreetuent. J. GOVERNING LAW. This agreement shall be governed by dte Law` of the State of Florida. K. SUBJECT TO ACT. Nothing in this agreement shall be construed to conflict Willi the provisions of the Act. 1-- CONTACT PERSON. MEMBER OPERATOR hereby designates tie four persons set forth on Attachment A hereto as the agents of MEMBER OPERATOR for dealing with all issues and matters regarding this agreement: . CORPORATION may rely on this designation until MEMBER OPERATOR in writing intihrnts CORPORATION of a replacement agent or agents. EXHIBIT "1" C, J Menther Name: CI'jy OF .TAMA C Township 48S Range 41E Section 6 5 4 3 2 I 7 S 9 10 11 12 IS 17 16 15 14 13 19 20 21 22 23 24 30 29 28 27 1-6 25 31 32 33 34 35 36 Township 49S Range 41E Section `� ` -- Township hang Section 6 5 4 3 2 1 7 8 9 1Q 11 l2 18 17 16 15 14 t3 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36 1.1 County: Date: 95 Page:^ cal' Town -ship Range Section 6 5 --I:s 4 3 , 1 7 9 10 Il 12 l3 17 16 15 14 I ; 19 20 21 22 ,; 24 30 29 2S 27 26 25 31 32 33 34 35 36 Township 49S Range 42E Section 6 5 4 3 2 1 7 8 9 10 11 12 18 l7 l6 15 14 11 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36 '1 owuship Range Section 6 5 4 3 ? l 7 8 9 10 lI 12 Is 17 16 15 14 13 19 20 21 72 23 24 30 29 28 27 16 2; 3l 32 33 34 35 3G EXHIBIT "1 "%•ys-fz ]AGE 2 of 3 Counry: BROWARD • P:)rtiripating �`trmher: Contact Person: ToWMship 48s CITY OY TAMARAC Range 41E NW N1: 6 NW 5 NE NW NE ti SW S1: SW Sr SW 9 Sli 5 NW 7 NFi NW 8 Ni- NW NF ti S%V S1: SW St. SW 9 tit= S NW NI. Ix NW 17 NE NW N1; N SW Si'. SW SE SW l6 S 1'. S Nw Nr � 9 NW 20 NE NW Ni; N SW SIA Sw SE SW z Sr S Nw NI', 30 NW Z9 NE NW Nli N sW S1. sw SE SW 28 Sr S NW NE• ]1 NW 32 NE Nw NE' N SW 5E � lSC) n 33 Township 49s Date: 2/9/95 Mgr, Code: PI)one No. W N1; NW NC NW N1; 3 '- I Sr SW Si: SW S1: W NI_ NW NE NW N1: 10 ,! 12 V Sr SW Si: SW S1. 3W NE NW NE NW Nl. IS 14 13 V SF SW SE SW Sr W N1. NW NE Nw NE 2i 23 24 V SE SW SE SW SE NE NW NE NW NE 27 25 75 V SE sw SE Sw Sr N NE NW NE Nw NE 34 35 36 V SE Sw SE SW Sr Range 41E NW NE NW NE NW NE N Ix 17 Ib SW Sr SW SE SW S F: S NW NF NW NE NW N1. N 19 20 21 SW SI: SW sE SW Si: S Nw NI{ NW NE NW Ni: N }() Z9 23 SW SI'. SW SI_ SW S1: ti' NW N1: NW NE NW NF N 3i J2 Sw ------------------ SIM SW SE SW ]3 SIi S• E NE ;8N Nw NF 1 -SWSE SW Sr_ NE 10 SE NE 11 NW N1: 12 ELL� SFDW NE IS N SE MNE 1: W Nr Z2 N SE NW NE Z3 SW SE NW Ni; 24 SW S1i W NE 27 V SE NW NE 25 SW Sr NW NE. Z5 SW SV W NE 34 V SF. NW NI: 35 SW SE NW NE 36 SW S1; DAT— TA BASE PREPARATION ANDQR CHANGES For notification in an entire Section place an X across die entire scctjUn. 1i)X partial sections, circle t1)e appropriate letter or letters to identify die portion in which you want to he notined. After the original data base has beta provided. additiuru or changes Should he submitted on die Same form. EXHIBIT 11 1" ' \ / / T 4- PAGE 3 of 3 County: BROWARD 40 Participating �tcnlhtr: CITY OF TAMARAC Comtact Person: MICHAEL VAILLANT is Darr: 2/9/95 ",thr. Code: Phone No. — — 2 0 3 Township 49S Range 42E NW S N1; Nw 5 NC NW NE 1w NE NW NL. NW NI: ti;v I. SW sr $w ; $1: sw 3 s L Sw S1: 1 Sw Si: NW Ni: NW g Nli Nw NF, NW NF Nw,v N C NW N1�. Sw 1;1 S1V Sc S'•v 9 tit: t0 Sw SI SW 1 ! $l_ 12 SW Si; Nur IS N1= N L Nw wl: NOW N1 = N4\' tii: NW N1 51.. Sw 16 Sri IS Sw SF. la Sw Sl. I3 SW 51_ IN 19 Nh N`v 20 NE Nw N(: Nw vi: vGv NE NW NG SW S1: Sw Sr Sw ,I Sr Sw SE 23 S',v SE Za Sw SE IN 30 NF vW 29 NE 'YW NE N`�/ NE NW NE Sw 5t, Sw SE Sw � _3 S(' Z7 Sw SE ,6 SW SE 7s 5',v Sr Nw 3t IN Nw 32 NE Nw N[ NW NE Nw NE Nw NE sw Sl` SW SE SW ,3 Sr SW 34 sE 35 SW SF_ 36 Sw $r_ Township Range NW 6 NI: NW NE NW NE NW NE NW NE 5 y NW Nr SW S1: SW SE SW SE 5W 3 SE SW 2 I SE Sw SE ,NW NF. NW NE NW NE NW NE 7 8 NW NE NW Nf: SW SI! Sw SE SW 9 SE Sw to It 12 SE SW SE SW SF ,Nw IR NE NW NE NW NE NOW NE NW NE 17 Ifi NW Nt_ SW SF Sw SE SW SE SW 15 14 13 SC Sw SE Sw Nw Iy Nli NW NE' NW N( NW NE Nw NE NW F. Sw CI? Sw 20 SE SW Z1 SF 22 23 24 Sw sE Sw SE Sw Si: NW Nl: NW NE NW N1: NW NE 3q 29 23 NW NE NW NI; tiw S1: SW SE Sw SF SW 27 76 25 SE Sw Sc SW SF NW Ni: NW NE NW Nr NW NE 31 ]2 33 NW N(: NW N[i Sw til: Sw SE SW 51:. SW 3a 35 36 SF SW SE SW S1:. DAT—. ASE PREP.-\R.-\TiON AND/pp, CHANG�g For notification in an entire Stcti0o place an X acrnss dte ctltire scctitm: ti1r. Partial Sections' circle the appropriate letter or letters to idcntiij the portion i1t which you want to he na[i tied, After [he original data base has btea provided, additiutts or changes should he submitted on the same form. EXHIBIT 1 /f9,5 4zr ATTACHMENT A Use this pages) to list the contact personnel, the ticket receiving locatior and billing information for the member operator. It multiple receiving locations, prepare separate Attachment A page for eact receiving location and define geographical responsibility area for east receiving location. Member Operator Name: CITY OF TAMARAC UTILITIES PRIMARY POINT OF CONTACT FOR SUNSHINE STATE ONE CALL CORPORATE BUSINESS (Person Authorized to Vote on Behalf of your organization) Name. MICHAEL H. VAILLANT Title: WATER SYSTEMS MANAGER Address: 6001 Nob Hill Road City: Tamarac, Telephone: ( 305 state: Florida Zip: 33321 724-2403 Ext : Fax: (-305---) 724-2406 NOTIFICATION TICKET RECEIVING LOCATION If multiple receiving locations, prepare separate Attachment A page for eacr receiving location. Name: .TAN]'CF A1WQQD__ __ Title: Utilities Services Coordinator Address: 6001 Nob Hill Road City: Tamarac zip: 33321 Telephone: ( 305 ) Ext : Fax: (305 ) —ZA-- 2406 At ter Hours Number ( 305 ) 724-2430 Ext : Emergency Number ( 305 ) 724--2430 Ext : State: Florida Type of receiving Equipment to be used: Telephone number to receiving equipment ( 305 ) 724--2407 BILLING INFORMATION FOR THE RECEIVING LOCATION LISTED ABOVE Name: SHEILA SANTY Title: ACCOUNTING CLERK Address: 7525 Northwest 88 Avenue city: Tamarac State: Florida zip: 33321 - Telephone: (_3Q5__) Ext . Fax. ( 305 ) 724-1321 Purchase Order Number: Expiration Date: m EXHIBIT r1 Is Executed this 8 day of MARCH Signed, sealed and iv ed in the presence of: CAROL A. EVANS, CMC TTPS,F A� TO FORM: MITCHELL S. K CITY ATTORNEY T 1991. 5 SUNSHINE STATE ONE -CALL OF FLORI , INC./ 4 By. - Its. MEMBER OPERATOR CITY OF TAMARAC By: V1.4 NORMAN ABRAMOWI Its: MAYOR W1� By: 1 �` ROBERT S. NOE, JR. Its: CITY MANAGER