R2002-169A AUTHORIZING EXECUTION OF AN AGREEMENT

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,.�' .i, ' � ' SERVICES AGREEMENT (FOR DAMAGE PREVENTION RELATED TO UNDERGROUND PLANT AND FACILITIES) THIS AGREEMENT is made as of the 1�`day of October 2002, by and between Great Plains Locating Service, Inc., a Nebraska corporation (hereinafter referred to as "GPLS"), and the City of Decatur, an Illinois municipality(hereinafter referred to as "CITY"). It is hereby agreed by and between the parties as follows: l. Locate Services. GPLS hereby agrees to and CITY hereby requests GPLS to locate underground facilities for CITY. The location services sha11 be provided in the geographic areas listed in the e�ibits attached, and shall be subject to the terms as specified in this Agreement and the e�ibits attached. Such locate services shall consist of Tickets, Locates, Emergency Locates, After Hours Emergency Locates, Extended Locates, Projects, Extraordinary Projects and Site Surveillance/Stand By Services, as defined in this Agreement. Unless otherwise agreed in writing, GPLS shall be CITY'S exclusive supplier of locate services in the service area covered by this Agreement. GPLS shall receive all locate requests in the form of Tickets directly from the applicable state one call center. GPLS shall be responsible only for Tickets received with a due date and time expiring prior to the scheduled termination of this Agreement. 2. Term and Termination. (a) This Agreement shall commence on the date set forth above and shall continue in effect thereafter for a period of one (1) year. This Agreement shall automatically renew for an additional period of one (1) year on each annual anniversary date of the agreement unless a party has provided not less than thirty(30) days prior written notice to the other party that the notifying party does not want the Agreement to renew. GPLS or CITY may ternunate this Agreement at any time, with or without cause or reason, by providing not less than thirty(30) days prior written notice to either party. (b) In the event either party defaults or commits a breach under any of the terms and conditions of this Agreement, or in the event of the bankruptcy or insolvency of a party, the other party may give ten (10) days written notice of such event, during which time the defaulting party may cure the event or condition. If the defaulting party fails to cure within said ten(10) day period, then the non-defaulting party may terminate the Agreement.