R2021-74 Resolution Authorizing an Intergovernmental Agreement for the Construction and Installation of Extensions to the City Fiber Optic Network to various School District Properties Located on Rights of Way between the City of Decatur

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3. The responsibilities of the Lead Agency are to facilitate the Project, including causing the construction and installation of the fiber by preparing any necessary bidding and construction documents, advertising for the bidding process, awarding the contract for the project and providing construction observation. 4. All costs associated with fiber construction in City owned rights of way the City desires to extend its fiber network in and for which grant funds were received, said rights of way extensions more particularly set forth in Exhibit A will be paid from the City's State of Illinois grant funds. 5. All costs associated with fiber construction in City owned rights of way the District desires to extend the City fiber network in and for which the District is seeking grant funds, said rights of way extensions more particularly set forth in Exhibit A, will be paid from the District's State of Illinois grant funds. In the event the grant funds applied for and received are insufficient to cover the costs of the District's share of the Project, District will reduce the construction and installation of the fiber in a manner that will allow their portion of the Project to be paid for in full by District. 6. Project overhead costs will be shared on a pro-rata basis between the City and the District. Pro-rata shall be determined based on the linear foot of fiber construction and installation in City rights of way that each party is desirous of extending as more particularly set forth in Exhibit A. 7. City shall be solely responsible and shall have sole authority to determine the manner of fiber construction and installation for all work within the City right of ways without regard to which grant pays for the work. 8. District shall be solely responsible and shall have sole authority to determine the manner of fiber construction for all work establishing lateral connections to District properties from the City fiber optic endpoint located in City rights of way nearest to the District property being connected, or other connecting point as jointly agreed in writing by the City and the District. 9. District acknowledges and agrees that all fiber optic cable installed in the City rights of way will be 144 count fiber meeting the specifications set forth in the City's bid specifications and after installation will become the property of the City without regard to which party, entity or grant paid for the work. 10. City will provide District one pair of fiber for primary connection and one pair of fiber to use as a spare for a total of four fibers from the City fiber optic network to each of the District properties identified in Exhibit A to a secure location where the City's fiber is distributed. 11. District may utilize and place District owned and maintained fiber connection equipment in the City's server room location to connect District