84-049 Underground Service Alert "USA" Participating Member Agreement - Reso 63509/21/83 - 2717P/aet
EXHIBIT B
PARTICIPATING MEMBER AGREEMENT
THIS AGREEMENT, Made and entered into this 18th day
of June, 1984 by and between PACIFIC GAS AND
ELECTRIC COMPANY, a corporation; THE PACIFIC TELEPHONE AND
TELEGRAPH COMPANY, a corporation; CITY OF ANTIOCH; a municipal
corporation; COUNTY OF SACRAMENTO, a political subdivision of
the State of California; SACRAMENTO MUNICIPAL UTILITY DISTRICT,
a municipal utility district; CONTRA COSTA WATER DISTRICT, a
county water district; GENERAL TELEPHONE COMPANY OF CALIFORNIA,
a corporation; CITY OF OAKLAND, a municipal corporation;
CITIZENS UTILITIES COMPANY OF CALIFORNIA, a corporation;
ROSEVILLE TELEPHONE COMPANY, a corporation; and UNION OIL, a
corporation (herein referred to individually and collectively
as "Charter Members" or as "Members") and MONEYTALK PUBLISHING,
INC., a California corporation (herein referred to as
"Contractor") , and City of Cupertino, a municipal corporation
(herein referred to as "Participating
Member").
W I T N E S S E T H:
WHEREAS, the Charter Members and Contractor have
heretofore entered into an Agreement dated as of Dec. 21, 1983
(hereinafter called the "Agreement"), a copy of which is
attached hereto and made a part hereof; and
WHEREAS, Participating Member desires to become a
Participating Member under the Agreement.
NOW, THEREFORE, the Members mutually agree as follows:
1. Participating Member accepts and agrees to be bound by the
terms and conditions and obligations of the Agreement.
2. The Charter Members agree that Participating Member shall
be accepted as a Participating Member under the Agreement.
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3. The monthly fee to be paid by Participating Member to
Contractor for participating under the Agreement as a
Participating Member, shall be determined in accordance
with the provisions of Exhibit D and Exhibit E. as may be
amended from time to time, of the Agreement.
4. Participating Member agrees to maintain, during the terms
of this Participating Member Agreement, the following
insurance coverage: 1) Comprehensive liability insurance,
including contractual liability insurance with minimum
limits of $500,000.00 each occurrence for injury to or
death of any person or persons resulting from the same
occurrence, and property damage coverage in the amount of
$500,000.00 for each occurrence. 2) Worker's Compensation
Insurance and/or a self-insurance program in compliance
with all worker's compensation insurance and safety laws
of the State of California and/or the State of Nevada.
Written proof of compliance with the terms of this
Paragraph 4, satisfactory to the Board of Directors, shall
be furnished to the Board at its request.
5. This Agreement shall have an initial term of one year
effective on the day and year above first written and
shall continue in effect thereafter unless terminated in
accordance with this section. This Agreement may be
terminated at any time after the initial one (1) year term
by -the Participating Member upon thirty (30) days prior
written notice to each Charter Member or any time after
the initial one (1) year term by all Charter Members upon
thirty (30) days prior written notice to the Participating
Member. Any Charter Member may terminate its
participation in this Agreement at any time after the
initial one (1) year term upon ninety (90) days prior
written notice to the other Charter Members and the
Participating Members without affecting the remainder of
this Agreement.
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6. Notices provided for in this agreement to be given by
Participating Members to Contractor and the Charter
Members may be given by delivering such notice to the
Notification Center addressed to Contractor and Charter
Members by their individual names.
7. Any written notices directed to Participating Member may
be mailed to Participating Member at the following address:
City of Cupertino Department of Public Works
P. 0. Box 580
Cupertino, CA 95015
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF. the parties hereto have caused
this Agreement to be executed by their duly authorized officers
as of the day and year first written above.
APPROVED AS TO FORM:
City Attorney
(PARTICIPATING MEMBER)
By:
Titl
ACCEPTED ON BEHALF OF EACH OF THE CHARTER
MEMBERS PURSUANT TO THE AGREEMENT REFERRED TO
HEREIN.
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ATTEST:
City Clerk
EXHIBIT C
PACIFIC GAS AND ELECTRIC COMPANY
77 Beale Street
San Francisco, CA 94106
THE PACIFIC TELEPHONE AND TELEGRAPH
COMPANY
220 Montgomery Street
San Francisco, CA 94104
COUNTY OF SACW!ENTO
4101 Branch Center Road
Sacramento, CA 95826
CONTRA COSTA WATER DISTRICT
1331 Concord Avenue
Concord, CA 94520
GENERAL TELEPHONE COMPANY OF
CALIFORNIA
7665 Redwood Blvd.
Novato, CA. 94947
SACRAMENTO MUNICIPAL UTILITY
DISTRICT
1708 59th Street-
Sacrameâ–º:'o, CA 95813
CITIZENS UTILITIES COMPANY
OF CALIFORNIA
P.O. Box 340
Elk Grove, CA 95624
CITY OF ANTIOCH
P.O. Box 130
Antioch, CA 94509-0504
CITY OF OAKLAND
14th b 'Washington
Oakland, CA 94612
ROSEVILLE TELEPHONE COMPANY
P.O. Box 969 .
Roseville, CA 95661
UNION OIL COMPANY OF CALIFORNIA
P.O. Box 661
San Luis Obispo, CA 93406
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USA RATE SCHEDULE
STATE OF CALIFORNIA
EXHIBIT D
Once each month the costs and expenses incurred by the
Contractor in the operation and maintenance of the USA
Notification Center, as set forth in Article II of the
Agreement. shall be totaled as of the last day of the preceding
month, hereinafter referred to as the "Billing Month". Each
Charter Member and Participating Member shall be billed a flat
sum in accordance with the following rate structure.
USA rate structure is based on a monthly rate multiplied by
underground miles of facilities or population.
Rate I Utilities and Pipeline Companies
- 350 per underground sheath, circuit. or pipeline
mile of underground plant per month (main line
facilities and product lines)
- Under 4 miles - $15.00 annually
- 4 miles and up - 350 per underground plant mile per
month
Rate II Cities and Counties
- 50¢ per 1.000 population served per month,
incorporated cities and un -incorporated areas of
counties
- Under 3,000 population - $15.00 annually
- 3.000 population and up - 50O per 1,000 population
per month
Rate III CATV Franchises. Municipal Utility Districts, Water
and Sanitation Districts
- 15¢ per mile of underground plant per month
- Under 9 miles - $15.00 annually
- 9 miles and up - 15¢ per mile of underground plant
per month
Note: Municipal Utility Districts. Water and Sanitation
Districts will pay Rate II or Rate III, whichever is less.
Members with monthly charges of $15.00 or less will be billed
on an annual basis.
Other Charter Members and Participating Members, such
as contractors, insurance or engineering associations, except
The Pacific Telephone and Telegraph Company ("PT&T") and
Pacific Gas and Electric Company ("PG&E") may participate in
the Notification Center and the monthly charge to such groups
shall be an agreed upon flat rate.
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EXHIBIT D
Through December 31, 1989 the remainder of the
monthly costs and expenses incurred by Contractor not billed
shall be divided equally between PG&E and PT&T. The amounts so
billed by Contractor shall constitute the respective shares of
PG&E's and PT&T's Notification Center expenses; but in no event
shall the amounts billed to PG&E and PT&T be less than 350 per
underground mile of PG&E's or PT&T's respective facilities.
Beginning with January 1, 1985 when all owners of
subsurface installations become members of, participate in and
share in the cost of Underground Service Alert. the monthly
expense of the Notification Center not billed to flat rate
Members will not be divided equally between PG&E and PT&T.
Instead the Board of Directors will develop a new rate
structure designed to establish and maintain a fair and
equitable distribution of expenses by all USA Members. The
goal will be to establish parity for all Members.
Monthly bids shall be due as of the billing date and
payable within thirty (30) days thereof. A late charge of 1.5%
per month may be imposed on all bills not paid thereafter.
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USA RATE SCHEDULE
STATE OF NEVADA
EXHIBIT E
Once each month the cost and expenses incurred by the
Contractor in the operation and maintenance of the USA
Notification Center, as set forth in the Annual Budget approved
by the Nevada One -Call Committee, shall be totaled as of the
last day of the preceding month and divided in the following
manner:
1. Participating Members which distribute oil.
chemicals, or operate as a utility pay $.25 per
trench mile of underground plant facilities, but
never less than $25.00 per month.
2. Participating Members which are a city, county or
public agency pay $.35 per one thousand (1,000)
population served or: $.10 per trench mile of
underground plant protected, whichever is less, but
in no event less than $25.00 per month, per Member.
3 Other Participating Members, such as contractors,
insurance or engineering associations, may
participate in USA, and the monthly charge will be
determined by the Nevada One -Call Committee, but
never less than $25.00 per month.
The remainder not billed shall be prorated to the
following listed Members, using a percentage of the underground
facilities served.
Nevada Power Company
C. P. National
Central Telephone Company
Southwest Gas Company
Nevada Bell Telephone Company
Sierra Pacific Power Company
Total
Miles of
Underground Plant Percent
1611
12.51
663
5.13
1476
11.43
3049
23.61
4236
32.80
1874
14.52
12,909
100.00%
Monthly bills to Members shall be due as of the
billing date and payable within thirty (30) days thereof. A
late charge of 1.5% per month may be imposed on all bills not
paid thereafter.
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RESOLUTION 6350
A RESOLUTION OF THE CITY COUNCIL 0P THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH "USA" (UNDERGROUND
SERVICE ALERT) PROVIDING FOR NOTIFICATION OF EXCAVATIONS IN
PUBLIC STREETS
WHEREAS, Government Code section 4216 requires every owner of
subsurface installations to become a member of a regional notificaiton
center by July 1, 1984; and
WHEREAS, in northern California, membership in "USA" complies with the"
Government Code; and
WHEREAS, an agreement between the City of Cupertino and "USA"
outlining the terms and conditions of the required services, has been
presented to the city Council; and said agreement having been approved by
the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino on the lRthday of Tipp ,1984, by the following
vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Gatto, Johnson, Rogers, Plungy
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino