R2021-154 Resolution Authorizing a Development Agreement with Sifi Networks Decatur LLC for Installing Broadband Services in Areas of Decatur not Serviced by the City

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provided that,the City will use reasonable efforts to offer suitable alternative locations. 4.2.3 GIS Shapefile. Upon completion of design phase and installation, SiFi will provide the City with a GIS Shapefile notating the location of each Facility, cabinets and fiber conduit. 4.3 System Connections to the Premises Wall. SiFi will provide a terminated fiber to each Subscriber's Premises receiving a Drop in a manner to be determined by SiFi. The location and the method of the Drop will vary depending on the circumstances of the location of the Subscriber's Premises. For the avoidance of doubt, in the event SiFi cannot install fiber optic cable or other necessary equipment on private property because of a lack of a right to access the property, SiFi shall not be required to make the System available to such Premises when private easement has not been granted. SECTION 5 5. Oversight and Regulation by City. 5.1 Oversight of Construction. In accordance with applicable law, the City shall have the right to oversee and inspect the Construction of the System in the Public Way,and/or to contract with others for third-party oversight. 5.2 Compliance with Applicable Laws. SiFi and the City shall, at all times during the Term,be subject to and comply in all material respects with all applicable federal,state laws and local laws regarding the Construction of the System in the Public Way. 5.3 Treatment of Confidential Information. Subject to local,state and federal law, including without limitation, the Illinois Freedom of Information Act, the City agrees that, without the prior written consent of SiFi, all information regarding the System, including plans, drawings, designs, conceptual renderings, cost information, specifications, photographs, reports, manuals, and other documents ("Confidential Information'), is proprietary and shall be kept confidential and shall not be disclosed to any Persons other than the City's authorized employees, representatives, staff and consultants(collectively, "Representatives")with a need to know such information and such Confidential Information shall not be used to the detriment of SiFi. Notwithstanding this confidentiality provision, however, the City may amend its GIS files and maps to show the depth, location, system component sizes, manholes, connections and appurtenances,and disclose them to the public. This confidentiality provision pertains principally to SiFi's patented and proprietary technology-not its location and dimensions once installed. The City agrees to promptly notify SiFi if the City receives a Illinois Freedom of Information Act request relating to SiFi's proporietry information.Promptly upon the written request of SiFi or the termination of this Agreement, the City will return to SiFi or destroy(any such destruction shall certified in writing by an officer of the City) all copies of the Confidential Information and all other documents prepared by the City that contain or reflect the Confidential Information. Notwithstanding anything to the contrary contained in this Agreement, the City's obligations set forth in this Section 5.3 will survive expiration or termination of this Agreement. Page 13 of 33