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HomeMy WebLinkAboutRESOLUTIONS-1991-061-R-91w 61-R-91 A RESOLUTION Authorizing the City Manager to Execute an Agreement between the City of Evanston and Northwestern University for the Relaying of Requests to Locate Underground Facilities Received by the City of Evanston from JULIE, Corp. WHEREAS, pursuant to Public Act 86-0674, effective January, 1991, the City of Evanston, hereinafter termed "CITY", became a member of the Joint Utility Locating Information for Excavators, Corp., hereinafter referred to as JULIE; and WHEREAS, JULIE is a message handling service which receives location requests from persons excavating and notifies all parties in the area that have underground facilities; and, 0 1 WHEREAS, Northwestern University as an owner of underground facilities contained solely within the political boundaries of the CITY seeks to designate and authorize the CITY to act as coordinator of the locational information provided by JULIE; and, WHEREAS, the City Council of the City of Evanston has determined that an agreement between the CITY and Northwestern University designating the CITY to act as coordinator of JULIE information is in the best interest of the citizens of the CITY, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • SECTION l: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of, the City of Evanston, an Agreement with Northwestern University on terms in substantial conformance with Exhibit A, attached hereto. SECTION 2: The City Manager is hereby authorized to negotiate any additional conditions of the Agreement as may be determined to be in the best interest of the City. SECTION 3: That this resolution shall take effect isr and be in full force from and after its passage as provided by law. Mayor ATTEST: ' City Clerk Adopted: ,1991 V • EXHIBIT A AN PVT BETWEEN NORTHWESTERN UNIVERSITY AND THE CITY OF EVANSTON JULIE MEMBERSHIP The following outlines the agreement between the City of Evanston and Northwestern University for the distribution of messages received from JULIE for the location of underground facilities in the City of Evanston. Northwestern University as an owner of underground facilities contained solely within the political boundaries of the City of Evanston, designates and authorizes the City of Evanston's JULIE coordinator to act as the coordinator of JULIE locational information in their behalf. Evanston agrees to perform the following: Receive all locate messages from JULIE for the City of Evanston which includes Northwestern University facilities. Sort out and FAX to Northwestern Diversity copies of those location requests that pertain to areas where Northwestern University has • underground facilities as defined and provided to Evanston by Northwestern University. Evanston will be forwarding messages to the Northwestern Diversity's designated coordinator for the locating process, via fax line for the primary terminal of operation and contacting by telephone as the alternate terminal of operation as defined by JULIE Operating Guidelines contained in the JULIE system booklet. A hard copy of any messages received after normal working hours and delivered to Northwestern University through personal contact on the after hours phone line, will be faxed to Northwestern on the following working day. The City of Evanston will provide Northwestern University a daily record of the number of messages faxed to Northwestern Diversity, Monday through Friday (excluding holidays). Audit reports specifying the number of messages distributed to Northwestern Diversity for weekends and holidays will be sent on the next working day. Northwestern Diversity is responsible for monitoring the daily audit of messages and for contacting the City of Evanston in the event of any descrepancy in the number of messages received by Northwestern. Northwestern Diversity agrees to the following: Northwestern Diversity will provide to the City of Evanston a coordinator for the bating process, a fax line as the primary • terminal of operation and a telephone number for the alternate terminal of operation in accordance with the JULIE Operating Guidelines contained in the JULIE system booklet. In addition, Northwestern University will provide the City with a primary terminal telephone number for use after normal working hours. 1 • Northwestern University agrees to provide the City with a data base containing the location of their underground facilities. Nothing in this Agreement shall prevent Northwestern University from seeking recovery against the party (including any other member of the JULIE corporation) who caused or was responsible for the loss or damage to Northwestern's underground facilities or other facilities or for any other claim or injury except that the Northwestern University hereby waives any right to recover against the City of Evanston, or its employees in the event of any damages resulting from a failure in the communication of location requests. REMUNERATION Northwestern University shall pay the City a fee for services based on the following factors: Total JULIE message fees billed to the City. The percent of underground location requests received by the City from JULIE that are located in the area designated by Northwestern University. The cost of supplies, (ie. ribbons, printer paper) for the JULIE • message receiving printer The cost of the annual maintenance contract on the JULIE message receiving printer • The cost of the telephoned faxed messages to Northwestern University A 15% charge on the above to cover overhead for the personnel time necessary for the City of Evanston to administer the program for Northwestern University. EXAMPLE: Assuming an estimate of 25% of all locates received by JULIE are in areas designated by Northwestern Diversity, the Diversity will reimburse the City for 25% of the annual JULIE message fees, 25Y. of the cost of supplies, maintenance or maintenance contracts for the JULIE printer. The actual cost of the telephoned messages via the fax line (ie. if 600 messages sent and the phone company charges $.21 per one minute message the cost would be $126 for this item). An additional charge of 15'/. of the total will be added for administration of the JULIE program. These costs will be billed to Northwestern on a semi-annual basis. This agreement may be terminated upon thirty day written notification by either the City of Evanston or Northwestern Diversity. 2 The parties hereto have caused this Agreement to be duly executed and delivered by their respective duly authorized officers as of the date and year written below. CITY OF EVANSTON By: Title: Date: ATTEST: • NORTHWESTERN UNIBIERSITY By: Title: Date: ATTEST: 3