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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EXHIBIT D Maintenance Specifications and Pracedures The Party receiving maintenance services from GITY hereunder shall be referred ta herein as the "Customer". A{{ other capitalized terms nat otherwise defined herein shall have #heir respective meanings as set farth in the Agreement of which this Exhibit forms a part. 1. MAINTENANCE. (a) Scheduled Maintenance. Routine maintenance and repair of the Fiber System described in this Section 1 shall be performed by or under the directian of CITY, at CITY'S reasanable discretion. 5cheduied Maintenance sha(I include the following activities: (i} Patrol of CITY System route on a reasonable routine basis; (ii) Maintenance af a"Call-Befare-You-Dig„program and all required and related cable locates; (iii) Maintenance af signposts along the CITY Fiber System right-af-way; (iv) Assignment of fiber maintenance employees or subcontractars to locatians along the Fber System at intervals dependent upon terrain, accessibility, locate tieke#valume, etc. CITY shall decide the staffing af fiber mair�tenance employees for the Fiber System; and (v) CITY shall have qualified representatives on site any time CITY has reasonable advance knawledge that another persan ar entity is engaging in constructian activities or otherwise excavating within five (5)feet of the Fiber System. (b) Unscheduled Maintenance. Non-routine maintenance and repair o# the Fiber System, which is not included as Scheduled Maintenance, shall be performed by or under the direction of CITY. Unscheduted Maintenance shali cammence upan the Acceptance Date of the Agreement. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to a fiber system alarm triggered by the CITY IT Nelp Desk' or notificatian by any third party of any failure, interruption or impairment in the operation af the Fiber System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the Fiber System. {ii} "Non-Emeraencv Unscheduled Maintenance"in response to any patential service- affecting situation to prevent any failure, interruption or impairment in the aperation of the Fiber System. Customer shail immediately report the need for Unscheduled Maintenance to the CITY in I accordance with procedures promulgated by the CITY from time to time. CITY IT Help Desk wi11 log the time of Customer's report, verify the problem and dispatch personnel immediately to take corrective action. zs