R2019-101 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Crossing Healthcare to Obtain Internet Access through the City of Decatur Fiber Network

Home Browse Search

� � w T Mernorandum of Understanding This Memarandum o#Understanding{"IVIQU"�,is made effective as of �u�,y �""' ,2019 � ("Effective date") by and between the City of Decatur,an Illinais Municipal Corparation,with an address of 1 Gary K.Anderson Plaza, Decatur, IL 62523 ("CITY"}and Crossing Heal#hcare{"Custamer"). Each may be referred to herein as a "Party" and collectively as the"Parties". ARTICIE 1-GENERAL 1.1 Agreement Structure. The purpose of this MOU is ta pravide general terms, conditions and a framework within which Custamer may from time to time purchase certain transport,dedicated internet access and calocation services{"Services")from CITY far the Custamer's sale use. The MQU and Service Order(s) (as defined in Section 1.2 below) and any other attachments incorporated therein shaf!collectively be referred to as the"Agreement". 1.2 Orders for Services. Customer may request the CITY to provide Services by submitting a Service Order on a form pravided by the CITY from time ta time ("Service Order"} in accardance with the procedures set farth in this Agreement. Customer acknowledges and agrees that they are solely respansible for the accuracy af all Service Orders and other infarmation that it pravides to the CITY. Each accepted Service Order shall incorporate by reference,and shal!be subject to,the#erms and conditions af this Agreement. Service Orders shall clearly set farth the terrn, pricing, service type and location(s), monthly recurring charge{"MRC"}, non-recurring charge("NRC"},and any additiona!specific terrns for the Services. Ail Service Orders shall be subject to acceptance by the CITY. 1.3 flrder of Precedence. !n the event af an express canflict between a term{s}of this MC}U andfar Service Order, precedence will be given in the following arder: (a)the Service Order but solely with respect to the Service covered by that Service Order and pravided that an autharized representative of the CITY has executed such Service Order;and (b)this MOU. 1.4 Acceptable Use Policy. Customer agrees to be baund by CITY's Acceptable Use Policy which set forth in Exhibit A(attached hereto and incorporated as reference}when utilizing the CITY Fiber Network in fulfil(ment of active service orders from the Customer, ARTtC�E 2-TERM 2.1 MOU Term. This MQU shall be in effect for a periad af Five{5}years from the Effec#ive Date ("Initial Term") unless terminated earlier as otherwise provided for in this MOU,and shall autamatically renew far one{1}year periods thereafter{each a "Renewal Term"and together with#he Initial Term, shall be referred ta as the "Term") until either Party notifies the other Party af its intent not to renew the MQU at least sixty{6Q}days prior to the end of the Initial Term ar any Renewal Term. Notwithstanding the foregoing, in the event that any Service Order remains in effect following such termination,this MOU shall govern and continue in effect with regard to such Service Order until#he termination of such Service Order. 2.2 Service Order Term. The terrn of each Service Order shall commence on the Service Activatian Date for such Service and continue for the period af time specified in that Service Order("Service