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