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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-009Introduced by: //A -710", T Temp. Reso. #3883 Rev. 1/7/86 It 1 2 3 4 7 8 9 10 11 12 13 14 15 or -IN 17 is 19 20 21 22 23 24 Fri 26 27 28 29 30 31 32 33 34 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 W 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. I I PAGE 7 of 7 I I' I I I 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 I