R2019-149 Resolution Authorizing an Indefeasible Right Of Use Agreement and Associated Sales Order with Decatur Public School District #61 to Obtain Dark Fiber from the City Of Decatur Fiber Network

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For Legat Notices: City of Decatur Attn: Legal Department #1 Gary K. Anderson Plaza Decatur, IL 62523 With a copy to: City of Decatur ATTN: Informatian Technalogy Director #1 Gary K. Anderson Pfaza Decatur, 1�62523 Any such notice or ather communicatian shall be deemed #o be effec#ive when actually received or refused. Either Party may by, similar notice given, change the address to which future no#ices or other communicatians sha11 be sent. ARTICLE 18 CONFIDENTiA�iTY 18.1 Each party, including its agents and subcontractars, to this Agreement may have or gain access to confidentiat data or infarmation owned or maintained by the other Parky in the course of carrying out its respansibilities under this Agreement. Each party recognizes and acknawledges that the Parties are each subjeck to the laws of the State of Illinais and the Freedom of information Act and, as such, will compEy with the provisions of the Act as required by law. Customer information, unless clearly marked as confidential and exempt from disclosure under the llEinois Freedom of Infarmatian Act, shall be considered public. Any request for documents related to this Agreement shali be provided to the other Party in sufficient#ime for an objection to disclosure af the requested documents to be made. No canfidential data collected, maintained, ar used in the course of performance of the Agreement shall be disseminated except as authorized by law, either during the period of the cantract or thereafter. The Parties must return any and all canfidential data collec#ed, maintained, created ar used in the course of the perfarmance of the Agreement, in whatever form it is maintained, promptly at the end of the Agresment, ar earlier at the request af either Pacty, or notify the Party of its destruction. The foregoing abligations shaU not apply to confiidential data or infarmation iawfuiiy in the receiving Party's possession priar ta its acquisition from the disclosing Party, received in good faith from a third-party not subject to any confidentiaiity obligation to the disclosing Party, now is or later becomes publicly know through no breach of confidentiality obligation by the receiving Party, or is independently develaped by the receiving Party without the �ase or benefit of the disclosing Party's confidential information. 18.2 The City and the School District recagnize that the Family Educatianat Rights and Privacy Act {20 U.S.C. 1232g, et. seq.) ("FERPA"} and the Illinois School 5tuder�t Records Act (105 ILCS 10 et. seq.) ("1S5RA") impase substantial limitations upon the circumstances under i which student record information may be disclosed to persons who are not the student's parents/guardians or empioyees of the Schaol District. The City shall abide by all applicable laws, 15