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

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or damage to the CIT't's Equipment caused by Customer's negligence, intentianal acts, ar unautharized maintenance and shall reimburse the CITY for the same,within thirty(30)days after receipt by Customer af a request far reimbursement. 7.2 GTY Access to Customer Premises. Where applicabie,Customer shaii provide the CITY with access to all Custamer lacations for purposes of instatlation, maintenance, and repair of CITY Equipment on Customer premises. The CITY sha!!pravide reasonabfe notice under the circumstance#o Custamer prior to entering Customer's paint of presence ta install, maintain or repair any of the CITY Equipment. Customer will pravide a safe place to work and comply with all applicable laws regarding the warking conditions an the Customer premises. 7.3 Custamer Equipment. Equipment and service beyond the point af demarcatian and/ar interconnection between CITY facilities and terminal equipment and the wiring at the point of demarcatians shall be the respansibility of Customer. !f Custamer provides its own equipment,the CiTY shall have no obligation to install, maintain or repair the equipment. If, on responding to a Customer initiated service call,the CITY and Customer jointly determine that the cause af the service deficiency was a failure, malfunction or the inadequacy of equipment other than the CITY's Equipment,Customer shall compensate the CITY far actual time and materials expended during the service cal{, ARTICLE 8-MAINTENANCE 8.1 Maintenance. The CITY holds a contract wi#h a third party service vendor and has agreements in place to rnaintain a 24 hours,7 days a week,365 days per year t24x7x365) Network�peratians Center(NOC)and Communications Management Center(CMC)wha monitors the netwark, responds to customer requests, performs network troubleshooting and engages netwark engineers to resolve network issues and incidences. The CITY!T Nelp Desk wif!provide the first level of support and utilizes a trouble ticketing program to track pragress. CITY IT Help Desk can be reached 24x7x365 by dialing (217)424-2703. The CITY shall perform regular and emergency maintenance on the network induding upgrades ta hardware and software,configuration changes or enhancements, or to increase network capacity and perfarmance.The CITY, in conjunctian with its third party vendors, has established a six hour maintenance window on Saturday marning beginning at 12:01 AM and concluding at 6:00 AM Central Time.The CITY wil!perform emergency network maintenance outside of this mainteraance windaw based on the urgency af the maintenance. Custamers of the network will be notified by email at keast five business days in advance of planned maintenance and the CITY wiil attempt,when reasanably possible,to notify customers by email for emergency maintenance outside the maintenance window. ARTICLE 9-DEFAUIT;SUSPENSiON OF SERVICE 9.1 Customer Default. 9.1.1 Customer is in default of this MOU if Customer(aj fails to cure any monetary breach within five{5)days af receiving natice of the breach from the CITY;(b}fails to cure any non-monetary breach of any terms of the agreement within thirty(30j days of receiving notrce af the breach from the CITY;or(c}files ar initiates praceedings or has proceedings filed or initiated against it,seeking liquidation, rearganizatian or other relief(such as the appointment of a trustee, receiver, liquidator, custodian or such other