Loading...
HomeMy WebLinkAboutUNDERGROUND SERVICE ALERT 1-2004J . N- 2004 -005 WEB ENTRY AGREEMENT THIS AGREEMENT, made and entered into this ai k day of Gflh v 2004 by and between Underground Service Alert of Southern California (hereinafter referred to as "USA -SC "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). WITNESSETH: WHEREAS, USA -SC is a nonprofit mutual benefit corporation, organized under the laws of the State of California, which operates a computerized regional notification center to facilitate notice to members with underground facilities of proposed excavations; and WHEREAS, the primary purpose of USA -SC's regional notification center is to provide a centralized, computerized, one number call system to expedite the location of underground installations (including water, gas, electric, telephone, etc.) prior to the start of any excavation work; and WHEREAS, City desires to access USA -SC's computer through the Internet rather than by telephone in order to fulfill its obligation to contact a regional notification center prior to excavation. NOW, THEREFORE, the parties hereto agree as follows: Section 1: City's Right of Web Entry Notification City is hereby authorized to access USA -SC's computer through the Internet in order to notify USA -SC of proposed excavations as required by Government Code Section 4216 et seq. In making such remote access, the City shall use equipment compatible with USA -SC's computer and shall follow the procedures set forth in USA -SC's Web Entry Manual, which is attached hereto as Exhibit A, including any subsequent amendments thereof. Section 2: Supervision by USA -SC Such direct notification through Web Entry shall be subject to continuing review and supervision by USA -SC, and subject to such requirements and conditions as may reasonably be imposed by USASC to assure that the Web Entry Program U operates in an effective manner. Notwithstanding the foregoing, the City shall be solely responsible for the accuracy of the information which it provides by Web Entry and for compliance with the provisions of the Web Entry Manual. Section 3: Continued Telephone Access In addition to access by Web Entry as provided in this Agreement, City shall continue to have the right to notify USA -SC of proposed excavations by telephone, and shall not be required to rely exclusively on access through Web Entry pursuant to this Agreement. Section 4: Mutual Indemnification City and USA -SC do hereby indemnify each other from all claims, demands, loss, damage, or injury of any kind or character to any person or property arising from the performance of this Agreement to the extent occasioned by the sole act of negligence or willful misconduct of one of the parties, or its agents or employees. Section 5: Attorney's Fees If either party hereby institutes any proceeding in Court to enforce any provisions hereof or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover from the losing party such amount as the Court may award as reasonable attorneys' fees for services rendered to the prevailing party. Section 6: Term of Agreement This Agreement shall continue in effect so long as it shall be to the interest and advantage of City and USA -SC. Either party may terminate this Agreement by written notice of termination that is either mailed to the office of the other party by certified mail, postage prepaid, return receipt requested, or is personally delivered to the office of the other party, at the address set forth in Section 7 of this Agreement. Written notice of termination that is mailed to the office of the other party shall be effective five (5) calendar days after it is mailed. Written notice of termination that is delivered to the office of the other party shall be effective immediately upon delivery. Section 6: Addresses of Parties for Notice Purposes All notices required to be given under this Agreement shall be deemed to be given if mailed certified mail, postage prepaid, return. All notices required to be given under this Agreement shall be deemed to be given if mailed certified mail, postage prepaid, return receipt requested, or delivered personally to the parties hereto at the following addresses: CITY: USA -SC: Underground Service Alert of Southern California 1760 California Av., Suite 101 Corona, CA 92881 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92647 Phone number: (714) 647 -5690 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney / By: i� I'd , � / -4, JAL) Michael Vigliotta Deputy City Attorney (Signatures Continued) CITY OF SANTA ANA Z� AVID N. REAM City Manager APPROVED AS TO FORM: THOMAS F. NIXON GENERAL COUNSEL FOR USA/SC AL: ive Director of the Works Agency "USA -SC" UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA A� Preside-it ASSOCIATE MEMBER AGREEMENT THIS AGREEMENT, made and entered into thisday of -J,(& , 19 ; "by and between the UNDERGROUND SERVICCEE ALERT OF SOUTHERN CALIFORNIA (hereinafter referred to as "USA -SC ") and CITY OF SANTA ANA (hereinafter referred to as "Associate Member" WITNESSETH: WHEREAS, USA -SC is a nonprofit mutual benefit corporation organized under the laws of the State of California which operates a regional notification center to facilitate notice to members with underground facilities of proposed excavation; and WHEREAS, Associate Member desires to become a member of USA -SC and USA -SC desires to accept Associate Member as a member. NOW, THEREFORE, the parties hereto agree as follows: 1. Associate Member has reviewed the USA -SC Articles of Incorporation, By -Laws and Operating Procedures and hereby accepts and agrees to be bound by the terms and conditions thereof. 2. Associate Member assessments as established by from time to time. agrees to pay the dues and the USA -SC Board of Directors 3. This Agreement shall become effective on the day and year above first written and shall continue in effect until Associate Member's membership is terminated pursuant to Article II, Section 5 of the USA -SC By -Laws. IN WITNESS WHEREOF, this Agreement to be executed as of the day and year above ATTEST:. an ce C. Guy Clerk of the Council APPROVED AS TO FORM: Edwar . Co per City Att y A roved as to/qhtent Ch Manwer the parties hereto have caused by their duly authorized officers first written. CITY 0 SANTA ANA ASSOCVkTE MEMBER By Daniel E. Griset Title Mayor UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA By o Title. N-2004-005