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HomeMy Public PortalAbout2009.01.01 DigLine Addendum to Dig Line Inc. Contract for ServicesADDENDUM to DIG" LINE INC. CONTRACT FO Effective 1 / 1 /2009 EXHIBIT SERVICES - Al(TICOMA'G'fiC TRANSMISSION NOTIFICATION RATE .SCHEDULE Minimum`10Nonthly Fee: (up to forty (40) notifications per month) $58.40 - �dditional.notifications $1:46:fo� each additional notification .over the minimum entitlement: Minimum Annual Fee: . Option ,l : Annual Fee (up to 50 notifications/year) Option 2::.Annual Fee (up to 100..notifications/year) Additional notifications: .$1.46'for each: additional notification over the minimum entitlement.. Long Distance Notification: ,Removed from Exhibit..: Adjustment To Rates: Changed from March to January. EXHIBIT C —TELEPHONE NOTIFICATION RATE StCH EBDIULE flute is removed from Dig lane; Inc. Contract For Services -]E%]E IBIIT;D =AUTOMATIC TRANSMISSION NOTIFICATION — SECOND LOCATION Change Exhibit Number to (EXHIBIT C Minimum Duplicate Monthly Fee: (up to forty (40).duplicate notifications/month) $ 29.20 Minimum Duplicate Annual Fee; (up to 50 or 100 duplicate notifications/year) $36.50/73.00 Additional duplicate Notifications: $ .73 for each additional notification overthe minimum fee entitlement... -_Long Distance Notification: Removed from Exhibit Adjustment to Rates: Changed from March to January. - $146.00 () _fir ORM Cmtwat-1y ame� 50 S. Cole Rd, Noise, ID 83709 1-800-34 2-1585 IFAX:. (208) 377-3742 DIGLIn 50 South Cole • Boise, Idaho 83709 Call Before You Dig! (208)342.1585.1.800.342.1585.Fax: (208)377.3742 • www.digline.com September 16, 2008 Dear Dig Line Subscriber: We appreciate the opportunity to work with you as your one call center. The goal of Dig Line; Inc: has been to operate your one call center as efficiently as possible and still provide our clients with the best service possible. As part of this service, Dig Line, Inc. continually evaluates business operation expenses. Unfortunately, due to an increase in operating expenses and the reduction of ticket volume beyond our control, we are now compelled to implement a 4.1% rate increase to be effective January 1, 2009. Dig Line, Inc. pledges to continue meeting your one call center needs in an effective and efficient manner. Attached is a Rate Increase Addendum. Please sign, date and return to Dig Line, Inc. by December 15, 2008. Your current rate is as follows: Automatic Monthly Automatic Yearly ($70.00) (Includes 50 notifications) J/ Automatic Yearly ($140.00) (Includes 100 notifications) Your new current rate based on your ticket volume for 2007 & 2008: Automatic Monthly Automatic Yearly ($73.00) (Includes 50 notifications) ,/ Automatic Yearly ($146.00) (Includes 100 notifications) If you have any questions about your current rate structure or the rate structure beginning January 1, 2009, please do not hesitate to call me at 1-800-342-1585, Ext. 407. Sincerely yours, Linda Phillips Manager as CSC DIG LINE, INC. Revised Rate Schedule Effective 1 / 1 /2006 gAN ?'. Minimum Monthly Fee: (up to forty (40) notifications per month) $52.80 Additional notifications: $1.32 for each additional notification over the minimum entitlement. Minimum Annual Fee: Option 1: Annual Fee (up to forty (40) notification/year) Option 2: Annual Fee (up to eighty (80) notifications/year) $ 52.80 $105.60 Additional notifications: $1.32 for each additional notification over the minimum entitlement. VT'Q z r ?T C TRANM1SSI®N NOTIFICA' ' ON ECO1 UC�iTTUNj Minimum Monthly Fee: (up to forty (40) duplicate notifications/month) $ 26.40 Additional duplicate Notifications: $ .66 for each additional notification over the minimum entitlement. ET��i+',P��li�1�E� N'Ur'TIFiC��'It7�T� ONE ***This option only available to Subscribers that have no electronic equipment, i.e., fax, . modem, email, and only receive voice notifications**** • Minimum Monthly Fee: (up to 15 notifications per month) $ 26.40 Additional notifications: $1.76 for each additional notification over the minimum entitlement. C�r d /C 67/ / it.d Company Name /L Subscriber /6 -2-6 a �' Date REV. 1/1/06 DlGLLllfl. 50 South Cole • Boise, Idaho 83709 Call'Before You Dig! (208)342.1585. 1.800.342.1585. Fax: (208)377.3742.www.digline.com September 27, 2005 RECEIVED SEP -30 2005 Dear Dig Line Subscriber: - Dig Line, Inc. evaluates business operation expenses constantly. The goal of Dig Line, Inc. has been to operate your one call center as efficientlyas possible and still provide our clients with the best service possible. This is reflected by the fact that we have not had a rate increase since 1999. Unfortunately, due to an increase in operating expenses beyond our control, we are now compelled to implement a 5% rate increase to be effective January 1, 2006. This is the maximum annual increase that is allowed by your agreement. Dig Line, Inc. pledges to continue meeting your one call center needs in an effective. and efficient manner and hopefully it will be another six years before another rate increase will be required. Attached is a Rate Increase Addendum. I have marked the current rate structure as stipulated on your agreement. Please sign, date and return to Dig Line, Inc. by November 1; 2005. If you have any questions about your current rate structure, please do not hesitate to calf me at 1-800-342-1585, Ext. 407. Sincerely yours, Linda Phillips Manager C.),(3„20--\ DIG LINE INC. CONTRACT FOR SERVICES THEIi. AG')IEEMENT entered into as of this C day of n p r i I ,19 by and between Dig Line, Inc., an Idaho Corporation (hereinafter referred to as "Digline") and a/ O F,/%l L) let. / (hereinafter referred to as the "Subscriber"). WITNESSETH: Whereas, the Subscriber owns pp¢ e o c ndu i ttyities affecting sgbsurfacelfacilities (subsurfacq,facilitIesi shalt p, any itetg:_ohpersonal property which shall be buried or placed below ground or submerge¢'% u e' co sto A r cgfty� a c: f vr$te�l-se I ' honi o cablevisirgt ornm nlcations, electronic energy, oil, petroleum prod- � � �fH '1�0.�'�� g s ��� �I �p � f ,.: ucts, gas or other substances, and,, call"in It l,� t'hbllAtf j(ted t pl es e b cables a el, line it man s' attachments and those portions of poles, pylons or other supports below ground or sOis et d% Q per- ' �e� �rlesires to qt t d�:ad surf �i� s darrlage i e upti r ' mere yorie'w o intends to excavate, drill, blast, or er- form other work that might disturt erace'rftiflpsertace pf a eatth{`{t>d ;L 1, Whereon Digline operates or .11 l.ii L tv1p rich r� �2 i. __ L� m asini , al r her whit h tiiittfrb the surface or subsurface of the earth in areas where such facilities t?etocaled t11'ayPca)I Sf ngl telephonellulitberto ji) hotify all Subscribers• of the proposed WW k and (II) to seek Subscribers' assistance in locating their respective subsurface facilities, and SilbicribeSishrnOrpahicipate tfhereina I: Now, therefore, in consideration of theilitut a omises and agre s• en e i set fit rt ,t Ilsyffig9crffich is', c o !Child b IL ale h reto, it is agreed as follows: hihit The following information will be asked of callers by the Digline operators: : • What date and time is work to begin?. Is this an emergency or routine locate? • What is the address of excavation? • What is the nearest intersecting street? • What is the reason for work? •.Is this excavation on Right of Way or Private property? • Whom is the work being done for? • What is the contact person's name and phone number? • What is the name of the person calling? • Where is thelocation of work? • Are there any directions or special instructions? Exhibit B • AUTOMATIC TRANSMISSION NOTIFICATION RATE SCHEDULE ame of Subscriber), agrees to the following rates and fees as established by Digline and desires to receive notification by automatic means. ❑ Minimum Monthly Fee: (The minimum monthly fee will entitle the subscriber up to forty (40) notifications per month) $45.00 9/Minimum Annual Fees: The minimum annual fees will entitle the subscriber to the following (pick Option 1 or Option 2): 0 Option 1: Annual Fee. (The minimum annual fee will entitle the Subscriber to forty (40) notifications per year) $50.00 VOption 2: Annual Fee. (The minimum annual fee will entitle the Subscriber to eighty (80) notifications per year) $100.00 Additional notifications: Subscriber agrees to pay $1.20 for each additional notification over the minimum entitlement. If the additional notifications per month exceeds the minimum annu- al entitlement, Subscriber's rate will be automatically modified to the Monthly Fee. . Long distance notifications: If Subscriber does not have an 800 number for long distance notification purposes, Digline will notify Subscriber by long distance and Subscriber agrees to pay Digline's long distance charges actually Incurred to affect such notification, in addition to all other sums due hereunder. - Adjustment to Rates: The rates per notification herein expressed may be raised by Digline effective on the first day of March In each year after the date hereof. Provided, however, any such Increase shall not exceed five (5%) percent of the previous applicable rate and Subscriber shall receive not less than thirty (30) days notification of such Increase in advance of the effective date thereof: -ELEPHONE NOTIFICATION RATE SCHEDULE (Name of Subscriber), agrees to the following rates and fees as established by Digline, and desires to receive notification by a telephone call. O Minimum Monthly Fee: (The minimum monthly fee will entitle the Subscriber to fifteen (15) notifications per month) $22.00 Additional Notifications: Subscriber agrees to pay $1.60 for each additional notification over the initial fifteen (15) notifications. Long Distance Notification: If Subscriber does not have an 800 number for long distance notification purposes, Digline will notify Subscriber by long distance and Subscriber agrees to pay Digline's long distance charges actually Incurred to affect such notification, in addition to all other sums due hereunder. Adjustment To Rates: The rates per notification herein expressed may be raised by Digline effective on the first day of March in each year after the date hereof. Provided, however, any such increase shall not exceed five (5%) percent of the previous applicable rate and Subscriber shall receive not less than thirty (30) days notification of such increase in advance of the effective date thereof. Exhibit D • AUTOMATIC TRANSMISSION NOTIFICATION — SECOND LOCATION RATE SCHEDULE (Name of Subscriber), agrees to the following rates and fees as established by Digline, and desires to receive a duplicate notification by automatic means to an additional specified location along with the primary location. . • ❑ Minimum Monthly Fee: (The minimum monthly fee will entitle the Subscriber to forty (40) duplicate notifications per month) • $22.50 Additional Duplicate Notifications: Subscriber agrees to pay 60a for each additional duplicate notification over the initial forty (40) notifications. Long distance notifications: If Subscriber does not have an 800 number for long distance notification purposes, Digline will notify Subscriber by long distance and Subscriber agrees to pay Digiine's long distance charges actually incurred to affect such notification, in addition to all other sums due Hereunder. Adjustment To Rates: The rates per, notification herein expressed may be raised by Digline effective on the first day of March to each year after the date hereof. Provided, however, any such • ' Increase shall not exceed five (5%) percent of the previous applicable rate and Subscriber shall receive not less than thirty (30) days notification of such increase in advance of the effective date thereof. Exhibit E • COUNTIES COVERED BY DIG LINE SERVICE Counties covered by Digline for (Subscriber) C / 1y O F ! / i C C%a // under this Contract for Service dated this Ti day of Apr/ / are listed below: 0 et,/ Je� If Subscriber wishes to. extend the Digline service to countiein Idaho not listed on Exhibit "E", Subscriber shall notify Digline and furnish the necessary items as described In 1.6 in the Contract for Services. Digline Authorized Agent — Subscriber Authorized Agent 444.t.4 V-- T-7Y Tie Date Title - Date IT is: I-STATF OF If1AHfl Cnunty of . • QUIT nr Cmmfi, of i%0,0) 7 ' phone number(s) to use for such purpose. 1.4 Billing Procedures — Default. Establish the following billing procedures: a) The Subscriber will be charged a fee for each individual dig site notificatieri'received from Digline. The fee will be based upon the type of notification service the Subscriber selects and whether notification requires a long distance telephone call. The two types of notification service are "Automatic Transmission Notification" and "Telephone Notification." The • rate schedules forr these two types of service are indicated on Exhibit "B" and Exhibit "C" respectively. The Subscriber must indicate what type of service is selected. In addition, if the' Subscriber has a second location to which he wishes to transmit a duplicate notification, he will pay an additional fee in accordance with Exhibit •'D." b) Digline will, at the end of each calendar month in which services are performed, but no later than the 10th day on the following month, submit to the Subscriber a monthly billing report' showing a detailed report of the notifications received by the Subscriber, by notification in chronological order with totals. If the Subscriber has more than one office location receiving dig site notifications, Subscriber will receive the above information listed by office, with a company total. The bill shall be paid by Subscriber within thirty (30) days after the date of such billing. All amounts outstanding for more than thirty (30) days after the date of billing shall accrue interest on the unpaid balance from the date of such initial billing and until paid at the rate of eighteen (18%) percent per annum. If the Subscriber shall not pay any sum dpe hereunder within sixty (60) days following the date of initial billing therefore, Digline shall no longer be required to notify such Subscriber • as herein provided and may otherwise suspend further contractual performance hereunder without liability to Subscriber for any damages resulting from such suspension. In the alter- native, Digline may continue to provide notification as herein provided and Subscriber shall remain liable as herein provided for the remainder of the term hereof. In either event, Digline - may pursue any remedy available at law or equity accruing as a result of such default, whether or not Digline elects to suspend service or not. 1:5 Advisory Committee. Establish an Advisory Committee whose membership shall include the manager and office supervisor of Digline and one representative from each Subscriber orga- nization. The purposd of the Advisory Committee is to keep the Subscribers informed on the operations of Digline and to review and advise as to any problems the Subscribers are experi- encing with the service. This committee is to function as an advisory group only and shall not have any direct control over the operation of the Digline service. • 1.6 Counties Covered by Digline Service. At this time, Subscriber has facilities located in those counties described on Exhibit "E" and the Digline services will be provided only with respect to such counties. If. Subscriber wishes to extend the Digline service to counties in Idaho not listed on Exhibit "E," Subscriber shall notify Digline, shall furnish the maps described in 2.2 and shall provide such other information as shall be requested by Digline relative thereto. Digline shall extend its service to such additional counties on the 1st. day of the month which is more than twenty-one (21) days after receipt by Digline of such map, fee and additional information requested..., '.". 1. DJJTIES OF DIGLINE: I Digline agrees to use its best efforts to: }" `' ' `"'' f;t • 1.1 General. Establish and operate a service company, for various counties in Idaho; more fully described,in 1.6, which service company' will provide the following services ("Digline Services") to wit: (i) receive from the public, contractors, utilities and other persons, reports of planned or emergency construction, excavation or demolition activities ("Site Information"); and (ii) forward these reports to Subscribers which have indicated that they have subsurface facilities within the one -quarter (1/4) square grid in which the report indicates that construction will occur. 1.2 Specific Description of Digline Services. Digline shall: a) Operate twenty-four (24) hours a day, seven (7) days a week (including holidays). • ' b) Receive such of the Site Information shown on Exhibit "A" as is made available to Digline from the excavator. c) Maintain a voice record of all incoming calls concerning a dig site. (This record shall be maintained for a period of five (5j years. These tapes will be available to Subscribers upon request for legal purposes and are also subject to Subpoena as provided by law.) d) Maintain a map book or data base sufficient in nature to indicate general locations of Subscriber facilities as reported to Digline by Subscriber. e) Install and maintain the necessary equipment to be able to automatically transmit dig site information to Subscribers via FAX or modem. Dig site information will be transmitted to Subscribers as the information is received at the Digline center, or at specified transmission times agreed to by the parties. • f) During business hours on business days dig site information will be transmitted to Subscribers requiring telephone notification as the information is received at the Digline centeror at prearranged times. Dig site information received (i) before or after business hours (herein 8:00 a.m., local time to 5:00 p.m., local time on business days); or (ii) on holidays or weekends will be transmitted to these Subscribers requiring telephone notification between 8:00 a.m., and 10:00 a.m., on the next day which is not a weekend or holiday (herein "busi- ness day"). . g) All transmissions to all Subscribers shall be recorded. The parties to this agreement hereby consent to said recording. The record shall be maintained for a period of five (5) years and will be available to the Subscribers upon request for legal purposes and are also subject to Subpoena as provided by law. . h) Process notifications identified by the caller to be of an emergency nature requiring immediate attention to Subscribers as such information is received at the Digline center on an expe- dited basis as herein stated. 1.3 Notification Procedure. Establish the following notification procedures: ' . . a) The operator taking the notification shall type the dig site information provided into the computer terminal while the call is in progress. The video screen will prompt the operator as to the Information needed. The computer operator will attempt to verify that the dig site address or location actually exists before caller hangs up. Digline will use its best efforts to • determine the one -quarter (IA) square grid within which such dig site is reportedly located. . . b) The operator shall check the map book or data base to determine what Subscribers have reported facilities within the one-quarter.(1/,) square grid that reportedly,contajns the dig site., c) Once the Subscribers to be notified are identified, the dig site information will be transmitted to them. If the Subscribers have the necessary equipment to receive an automatic transmission, the information will be faxed or modemed to them immediately or at a pre -arranged time. •If the Subscribers are telephone notification customers, the operator will ::telephone the information to them in the manner provided for in 1.2 (f). i . . d) If a notification is identified as of an emergency nature, the operator will promptly attempt to notify the Subscriber by telephone. The Subscriber shall designate en emergency"tele 2. DUTIES OF SUBSCRIBER: Subscriber agrees to: 2.1 Cooperation. Cooperate and coordinate with, and furnish information to, Digline as required for the implementation of the service and this Contract. 29_lnfnrm21inn Marina eat of mane_nc_cunnlinrLhu_ninitna_dacinnatjnn t.ba_araa_e_in_whieh_thpSnhcerihar hoc farititine Tha infnrmatinn rnnrPininn_farilitv_Inratinnc_shall_he- ninvidedLtn--