HomeMy WebLinkAboutCity of Tamarac Resolution R-86-009Introduced by: //A -710",
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Temp. Reso. #3883
Rev. 1/7/86
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86--_
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE CONTRACT WITH SHELTON
ENTERPRISE, INC., TO PROVIDE UNDERGROUND
UTILITY LOCATION SERVICES WITHIN THE CITY'S
UTILITIES FRANCHISE AREA; AND PROVIDING AN
EFFECTIVE DATE, -
WHEREAS, the City of Tamarac must, from time to time, provide
the locations of underground utilities and contractors performing
underground work in the City; and
WHEREAS, the City Council, upon recommendation of the Utili-
ties Director/City Engineer, wishes to enter into a contract with
Shelton Enterprise, Inc., to provide notification to the City when
utility locations are requested by a contractor.
NOW, THEREFORE., BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized and directed to enter into a contract with Shelton
Enterprise, Inc., to provide the service as stated above.
SECTION 2: That the term of this contract shall be for a
twelve (12) month period from January 10, 1986.
SECTION 3: This resolution shall become effective immedi-
ately upon adoption.
PASSED, ADOPTED AND APPROVED this-A-0day of ,1986.
TTEST:
CITY qtkRlt
I HEREBY CERTIFY that I have
approved the orm and correct-
ness of thi 'RESOLUTION.
ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR:
KRAVITZ-��
DIST 4:
C/M TEIN
DIST 3:
C/M GOTTESMAN
DIST 2:
C/M MUNITZ
DIST 1:
V/M MASSARO
Loin
PAGE 1 of
7
t`� 50
NCY1IFICATION CENTER CONTRACI
STATE OF' FLORIDA
This AGREEMENT made and entered into on this
10th day
of January ---
1986 by and letween
Shelton Enterprise, Inc., a
Maryland corporation�
hereinafter referred to
as the "Contractor" and
CITY OF LAMABAC
hereinafter referred to
as
the "COMPANY" .
WITNESSM
WHEREAS, Florida One -Call Notification Center was formed to provide assistancL
to the public and utilities within Florida with regard to the location of under-
ground utility facilities; and WHEREAS, CONIRACYOR desires to perform the receiviri�,
and transmission functions of participating members with re,�Ard to under,�ruund
utility protection.
NOW, THEREFORE, for and in consideration of the premises and the covenants herc
inafter set forth, the parties do hereby agree:
1.01 Location and Scope:
The work under this agreement consists of and the CONTRACIOR agrees to pro%7idE
staff, furniture, fixtures, incoming communication lines, equipment, associated
items, and to promote for the purpose of providing an avenue between excavators
and participating members whereby the excavators can make any or all of the
participating members aware of their intentions to excavate, dig, drill, bore,
tunnel, blast, grade, demolish, plow or in any way disturb the earth's surface
by making a single toll free telephone call from any place within the State of
Florida.
1.02 Definitions:
For the pruposes of this Agreement, unless the context clearly indicates othervise,
the following terms shall have the meaning be -low:
1 6. 1
PAGE 2 of 7
a. COMPANY shall mean and include any person, private or public agency owning
or operating underground facilities.
b. Participating MFICER shall refer to any company that has entered into a
contract with the CONTRACTOR to provide notification services for them.
C. LOCATION REQUESTS shall refer to a format used by the One -Call Center w�i�zn
an excavator calls to make the one-c-all participants aware of the Excavator's
intentions to excavate.
d. EXCAVATE shall mean dig, drill, bore, tunnel, blast, plow, de�nolish or in
any way disturb the earth's surface whereby the underground utility facilities
may be damaged.
e. EMERGENCIES - Notifications that require immediate attention in which
health or property may be endangered.
f. SHORT NOTICE - Notifications where the beginning work date ar-,d time is lt--s��
than 48 hours from the time the center receives the notice of intent to
excavate.
MESSAGES shall mean locate request information sent via data communication
line to participant's terminal or called to members under the followinb types
of priorities:
PRIORITY 1 - Emergencies requiring iriu-jediatE attention
PR10RITY 2 - Work in progress
PRIORITY 3 - Less than 48 hours notice
PRIORITY 4 - 48 hours or more notice but not more than 5 days in advance of
the intent to excavate
h. CENTER shall refer to a location within Florida used by the contractor for
the purpose of receiving location requests and disseminating the information
to the participating members.
1.03
a. The center shall be operative from 7:30 am to 5:00 pm Monday through Frida�,
excluding Saturdays, Sundays, and holidays. holidays shall be those dates
honored by most of the participating members in remembering New Years,
PAGE 3 of 7
11
1.03
a. (Cont'd)
Memorial day, Labor Day, Veterans Day, Thanks��ivin,�, Day and Cl-irisuman bay.
b. Out -of -hours calls will be answered by an answering device with an
appropriate message directing the caller to the proper course of action.
c. The telephone numbw--r
1-800-432-�770 shall Lk- designated to receive all
incoming calls and sufficient incoming telephone service shall be provid,:�d.
This telephone number shall not be deemed the property of the contractor in
the event the contract is terminated.
d. An appropriate recorder shall record all incoming and UUL,,'Oin,� VOiCC
communications concerning location requests.
e. A record of all communications, including the recorded conversation shall be
kept for the Statute of Limitations as defined by Florida law. Should a
participant be involved with litigation at the End of the statutory period,
the records will be kept for the duration of the litigation.
f. The first item of businESS in the CEntEr each morning will be to transmit a
"Good Morning" Message to each participant's terminal. The purpose of this
message is to alert the participants that the C-EntEr is open and ready to
begin operations for the day. The MESsage shall also include the numi.*_--r of
messages received by that participant the preceding day. Any discrepancies
between those transmittEd and those reCEived should be discussed immediately
between the participant and the one -call operator. The good morning alert
also provides the participant an opportunity to check the paper in their
receiver and to verify that the equipment is operational.
1.04 Responsibilities of Participating Members:
The participating members shall:
a. Provide the contractor with necessary information to develop the data base;
and update that information on an on -going basis as needed when under-
ground expansion takes place within his company.
L.
PAGE 4 of 7
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b. Provide and maintain appropriate terminals and/or telephones at all
contact locations.
C. Provide the contractor with a back-up telephone number for each contact
location and telephone number and the name of a single liaison representa-
tive.
d. Investigate, process and respond as necessary to all under,,round loc-ation
requests referred to them.
e. Verify the accuracy of all its data in the center data base.
f. Provide a receiver and the associated communication line if call VUILL-ic-:
indicates a need; also, to maintain the receiver in operative condiLiul-l.
Participants who receive more than twenty-five calls per month will be
requested to have a receiver.
1.05 Responsibilities of Contractor:
a. Enter and maintain an updated data base as submitted by the participant.
b. Process location requests immediately and on a priority basis.
C. Assist thE participant in obtaining equipment as needed to interface with
the center. I
d. Provide the participant with administrative reports.
e. Promote the center on an on -going basis.
f. When damage information is provided by the participant, develop a pro,�ra:-,
to interface with those excavators who are damaging the utilities and/or
Who are not providing sufficient time (48 hours notice) on planned work.
g. Notify the excavator of the names of all participants that will be notified
as the result of his telephone call and intent to excavate.
P2%GE 5 of 7
h. Assign a numerical number to each location request.
i. Maintain records for the Statute of Limitations according to Florida law
and longer if any is included in litigation.
j Retransmit any m,--ssage to a participant in the event the messae7e i--
garbled during transmission or if a messa�-,,e is missing as th�-- result of
the "Good Morning Message" check.
k. The contractor agrees to make himself available for mcetings with the
participants and to provide records and/or assistan(-e when necessar�, in
connection with damages and/or damage prevention.
1. All records on file with the contractor shall be confidential infon-,�atibil
and made available to others only throu,�h the participatin�, mE�TiiLx-,r or
through written permission from the participant.
M. Render invoices to participatini� members according to Schedule A of thi��
agreement for services provided.
1.06 Tndemnification and Insurance:
a. Nothing contained in this agreement shall be construed as creating the
relationship of employer and employee between any participating member an�
the contractor, or between any participating member and any person or
persons employed by the contractor.
b. Contractor agrees to furnish and maintain durin, the tenii of its contract
and at its expense, policies of insurance covering:
1. 1he legal liability of the contractor and its subcontractors to
pay claims for personal injuries to the contractor's or its
subcontractors' employees engaged in this work and for death
resulting there from, under any Workmen's Compensation Law of
the State of Florida.
2. Comprehensive General Liability Insurance
$1,000,000 each occurrence
$1,000,000 aggregate
I
PACE 6 of 7
3. Professional Liability (Errors and uAssions) $5,000,000
4. multi -Peril (personal projx,�rty, bodily injury, property dama�,e
liability, combined single limit coverage) $1,C)U0,000
1.07 The contract between th,-_ company and contractor shall 1- for a thirt�-
six (36) month period and unless otherwise terminated as set forth bf:lo�,
shall continue from year to year and shall r,�ont:lin provisions for an
adjustment of compensation to contractor each twelve month period aftcr
the initial three year term. AC]USLMETILS Sndll- LX-- Lk2n�-J �Fw
volume and the costs of operation of the center. Both parties shall tx--
required to notify the other party at least thirty (30) days prior to th;_:
expiration of the contract if they do not intend to negotiate a renewal
contract on substantially the same terms as the initial or any renewal
period.
1.08 Any amendmenL of the contract shall be in writing signed by the company
and the contractor.
1.09 ln the event that any provision of this agreement or the application of
such provision to any party or circumstance shall be held to be invalid
or unenforceable, the remainder of this agreement, or the application of
such provision to parties or circumstances other than those held to be
invalid or unenforceable, shall not be affected thereby.
1.10 The parties to the agreement expressly agree that the laws of the State
of Florida shall govern the validity, construction, interpretation) and
effect of the contract. The contractor shall comply with all the statutes,
regulations, ordinances, and resolutions of all federal, state, county and
local governments and of any and all of the departments and bureaus thEreoff,
applicable to the operation of this business.
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IN WITNESS WHEREOF, the parties hereto have caused this agretniit--iit
to be signed in duplicate by their respective officers hereunto
duly authorized by their respective company as of the day and year
first above written, each executed copy of which shall be considerf--d
an original.
Witness Date
By:
JOHN SHELTON - SHELTON E=PRISE, INC.
Title
Witness Date L:I-
Larry Perretti, Acting City Manager /I
Attest:
Citv/Clerk
Apprjcqed as/to form:
L
-�,-It Attorney
—Ti t le Mayor
NOTIFICATION CNFTER CONTRACT
STATE OF FLORDILA
SCJIE� "All
Shelton Enterprise, Inc. hereby agrees to provide service as outlined in
the Notification Center Contract - State of Florida and City of Tamarac
hereby agrees to render payment of $85.00 per month for a one (1) year
period, commencing with execution of this agreement for services rendered
beginning thirty days after service has been started. Locations without
teletype receivers will be invoiced an additional twenty cents per ticket
per month.
Participants to whom messages are transmitted outside of the State of
Florida will be invoiced the actual cost of such transmissions as rendered
by the telephone company to Shelton Enterprise, Inc. on a monthly basis.
Shelton Enterprise; Inc, will provide an invoice prior to the end of each
month and payment will be due on the first day of each month for service
rendered beginning thirty days after service has been started.
Effective March 11, 1985, the Florida office for Shelton Enterprise) Inc.
and the Florida One -Call System, "U.N.C.L.E." will be located:
Headway Office Park
4410 N. State Road 7
suite 127
Fort Lauderdale, Florida 33319
Manager's Tel.# (305) 739-6700
_7B
i". - I / , - Date_L/
Witnes 6 1�4 I � J,�
L Shelton, Pres.
elton Enterprise, Inc.
Witness By
r
X
—City Manager
Mileage as of
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