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
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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