R2020-144 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Baby Talk, Inc. to obtain Internet Access through the City of Decatur Fiber Network

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or damage to the CITY's Equipment caused by Customer's negligence, intentional acts,or unauthorized maintenance and shall reimburse the CITY for the same,within thirty(30) days after receipt by Customer of a request for reimbursement. 7.2 CITY Access to Customer Premises. Where applicable, Customer shall provide the CITY with access to all Customer locations for purposes of installation, maintenance, and repair of CITY Equipment on Customer premises. The CITY shall provide reasonable notice under the circumstance to Customer prior to entering Customer's point of presence to install, maintain or repair any of the CITY Equipment. Customer will provide a safe place to work and comply with all applicable laws regarding the working conditions on the Customer premises. 7.3 Customer Equipment. Equipment and service beyond the point of demarcation and/or interconnection between CITY facilities and terminal equipment and the wiring at the point of demarcations shall be the responsibility of Customer. If Customer 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 of the service deficiency was a failure, malfunction or the inadequacy of equipment other than the CITY's Equipment, Customer shall compensate the CITY for actual time and materials expended during the service call. ARTICLE 8-MAINTENANCE 8.1 Maintenance. The CITY holds a contract with a third party service vendor and has agreements in place to maintain a 24 hours, 7 days a week, 365 days per year(24x7x365) Network Operations Center(NOC)and Communications Management Center(CMC)who monitors the network, responds to customer requests, performs network troubleshooting and engages network engineers to resolve network issues and incidences. The CITY IT Help Desk will provide the first level of support and utilizes a trouble ticketing program to track progress. CITY IT Help Desk can be reached 24x7x365 by dialing (217)424-2703. The CITY shall perform regular and emergency maintenance on the network including upgrades to hardware and software, configuration changes or enhancements,or to increase network capacity and performance.The CITY, in conjunction with its third-party vendors, has established a six hour maintenance window on Saturday morning beginning at 12:01 AM and concluding at 6:00 AM Central Time.The CITY will perform emergency network maintenance outside of this maintenance window based on the urgency of the maintenance. Customers of the network will be notified by email at least five business days in advance of planned maintenance and the CITY will attempt,when reasonably possible,to notify customers by email for emergency maintenance outside the maintenance window. ARTICLE 9-DEFAULT;SUSPENSION OF SERVICE 9.1 Customer Default. 9.1.1 Customer is in default of this MOU if Customer(a)fails to cure any monetary breach within five (5) days of receiving notice of the breach from the CITY; (b)fails to cure any non-monetary breach of any terms of the agreement within thirty(30)days of receiving notice of the breach from the CITY; or(c)files or initiates proceedings or has proceedings filed or initiated against it,seeking liquidation, reorganization or other relief(such as the appointment of a trustee, receiver, liquidator, custodian or such other