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HomeMy WebLinkAboutE-7 Staff Report- Underground Service Alert agreementCONSENT ITEM E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: APRIL 3, 2023 SUBJECT: AUTHORIZATION TO ENTER INTO AN ASSOCIATE MEMBER AGREEMENT WITH UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA BACKGROUND: The Underground Service Alert of Southern California (USA/SC or DigAlert) 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 excavations. DigAlert was formed in 1976 and has been serving nine Southern California counties (Imperial, Inyo, Los Angeles, Orange, San Bernardino, San Diego, Santa Barbara, Riverside, and Ventura) to ensure preventable accidents stay prevented. RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1)Authorize the Director of Public Works/City Engineer to execute the Associate Member Agreement, in a form acceptable to the City Attorney, on behalf of the City; and 2)Authorize the General Manager of Azusa Light & Water to execute the Associate Member Agreement, in a form acceptable to the City Attorney, on behalf of Azusa Light & Water. ANALYSIS: The Underground Service Alert of Southern California (USA/SC or DigAlert) 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 excavations. DigAlert was formed in 1976 and has been serving nine Southern California counties (Imperial, Inyo, Approved City Council April 3, 2023 Underground Service Alert Associate Member Agreement April 3, 2023 Page 2 Los Angeles, Orange, San Bernadino, San Diego, Santa Barbara, Riverside, and Ventura) to ensure preventable accidents stay prevented. It is California State Law to contact DigAlert prior to breaking ground. Those performing excavations must delineate their work area, contact DigAlert at least two days before excavating, and hand dig to expose and locate utility lines. Utility members must mark their utility lines within two days of the notification. The Public Works Department and Azusa Light & Water receive notifications from DigAlert, which are utilized to mark out utilities in a proposed work area. Failure to mark out utilities can result in fines and the cost to repair damages. The attached Associate Member Agreement requires that all associate members accept and agree to be bound by the terms and conditions of the USA/SC By-Laws as well as pay dues and assessments as established by the USA/SC Board. FISCAL IMPACT: The average monthly fee is $169 per month and average ticket monthly rate is $279 per month. Funding for these services and fees are already included in the FY2022-23 approved budget under accounts 33- 40-735-880-6493 and 12-55-661-000-6493. Prepared by: Reviewed and Approved: Robert Delgadillo, P.E. Sergio Gonzalez Director of Public Works/City Engineer City Manager Reviewed and Approved: Tikan Singh, P.E. Azusa Light & Water General Manager Attachment: 1) Underground Service Alert of Southern California Associate Member Agreement ASSOCIATE MEMBER AGREEMENT THIS AGREEMENT, made and entered into this day of , ____, by and between the UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA (Hereinafter referred to as "USA/SC") and ________(Hereinafter referred to as "Associate Member"). W ITNESSETH: W HEREAS, 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 W HEREAS, 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 as they currently exist, and as may be amended from time to time. 2.Associate Member agrees to pay dues and assessments as established by the USA/SC Board of Directors from time to time. 3.Associate Member acknowledges that its performance of Services under this Agreement may involve access to personal information of users of the USA/SC website and that such access is governed by the USA/SC Privacy Policy. Associate Member shall only use such personal information for purposes of performing Services under this Agreement in accordance with the USA/SC By-Laws and Operating Procedures. 4.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, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. _____________ ASSOCIATE MEMBER BY TITLE UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA BY TITLE Attachment 1