CCR1997011COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #11-97
AUTHORIZE EXECUTION OF AGREEMENT WITH DIGGERS HOTLINE, INC.
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby approve of the attached Participating Member Agreement
with Diggers Hotline, Inc. and authorizes the Mayor to execute
same.
DATED THIS 28TH DAY OF JANUARY , 1997.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #11-97 which was adopted by the Common Council of the
1/97 jmb
PARTICIPATING MEMBER AGREEMENT
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AGREEMENT. made this 30th day of January. 1997. by and between DIGGERS HOTLINE, INC. hereinaher referred IO as
Diggers; and the City of Muskego. a Wisconsin municipality, hereinafter referred to as Member;
WITNESSETH
notice of such intent to all owners of underground facilities in or near the area of the excavation and.
Wisconsin Stare Statute requires that anyone who intends to excavate provide at least three working days (except in an emergency)
the general public, regarding their intent to excavate or work near underground or overhead facilities and.
WHEREAS. Diggers is a non-profit corporation which provides a "one call center' to receive information from excavators and
WHEREAS. Member desires to receive such information from Diggers:
panies hereto agree as follows:
NOW, THEREFORE, for good and ~uhicient consideration and the terms. provisions. and conditions hereinaher set fonh. the
1. Diggers agrees that Member shall be accepted as a panicipacig member under the Bylaws of Diggers.
1. Member accepts and agrees to be bound by the terms and conditions of the Bylaws of Diggers.
3. Member designales Diggers as its'represcntative for receipt of information from excavators and the general public
regarding their inlent 10 excavate or work near underground or overhead facilities.
4. Member agrees 10 pay the membership fees, which shall be determined in accordance with the schedule of rates
established by Diggers. which fees may be adjusted in accordance with any revisions in the schedule of rates made
by Diggers, generally once every cakndar year, but which adjuslment may be more frequent.
5. Member agrees to provide the telecommunications facilities and space required for message receiving equipment. as
specified by Diggers.
6. Member agrees that it will provide a telephone number or numbers at which to receive messages during any period
in which its automatic message receiving equipment is inoperable or unattended. and further releases and agrees to
indemnify Diggers for any and all claims and liability resulting from Members non-receipt of messages from Diggers.
7. Member shall secure and maintain in force during the term of this Membership Agreement. a comprehensive general
liability insurance policy, including ConUacNal liabiliiy'insurance. with minimum limits of $I ,000,000 each occurrence
for the injury or death of any person or persons resulting from the same occurrence, and property damage insurance
in-the amount of SI .OW.OOO each occurrence. Such insurance policy shall be in the form and with such companies
as may be acceptable to Diggers. A certificate evidencing such insurance policy shall be filed with Diggers within
fifteen (15) days from the date hireof. Such certificate shall provide evidence that the policies of such insurance have
address.
been endorsed so as to provide twenry (20) days notice of cancellation or change thereof to Diggers at its corporate
or
shall provide evidence of self insurance acceplable to Diggers.
8. Member agrees to accept messages from Diggers. that it will conform to and abide by the policies. procedures, and
responsibilities set forth in the Diggers Field Manual; and further agrees to take appropriale action to protect the
facilities it owns or operates and only those facilities it owns or operates.
9. Member shall list 414.259-1 181 andlor 1-800-242-851 I under its name in each telephone directory in which its name
appears in the State of Wisconsin.
10. Any wrinen notice directed to Member shall be addressed as follows:
Name and/or Title: lean Zaremba
Member Name: City of Muskego
Address: W189 S8235 Mercury Drive
City. Slate. Zip: Muskego, WI 53150
81 12 W. Bluernound Road Wauwatosa. WI 5321 3-3356
41 4-259-0676 0 800-982-0299 0 FAX 41 4-259-1 453
I I
11. This agreement shall be governed in aU parts by the laws of the State of Wisconsin
12. If any ponion of this agreement shall be held u) violate any law, regulation. or ordinance of the United States. or any
state or municipaliry. or any orher governmental unit having jurisdiction with respect thereto, such provision shall be
deemed to be of no force and effect, and Ihe balance of this agreement shall be enforced as if such provision had not
been included herein.
13. Failure of any parry to enforce any of he terms and conditions of his agreement shall not constitute a waiver of the
right. rubsequenlly 10 enforce such provision.
14. This agreement shall become efiecuve as of rhc date first wrinen and shall remain in full force and effect until
terminaud by either parry by giving thirry (30) days notice in writing to hc orher parry. Such notice shall be sent by
cenified mail, remm receipt requested. posrage prepaid, to the representative address of a parry hereto.
15. Any notice required to be given pursuant 10 he terms and provisions hereof shall be in writing. and will be sent by
certified mail, return receipt requested. postage prepaid. to he representative addresses of the parties herero. or as
otherwise designared from time to lie by he panies hereto.
IN WITNESS WHEREOF, Diggers and Member have caused this Agrement to be executed by their duly authorized officers as
of the day and year fust above wrinen.
hZEMBER: City of Muskego
BY:
TITLE:
ADDRESS: W189 S8235 Mercury Drive
Muskego, WI 53150
DIGGERS HOTLINE, INC.
BY:
TITLE: President
BY:
TITLE Secretary
ADDRESS: 8112 W. BLUEMOUND ROAD
WAUWATOSA, WI 53213-3356
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