R2021-187 Resolution Accepting Bodine Electric Change Order #2 related to the Original Bid for Underground Fiber Construction of Fiber Extensions, Resolution # R2021-73, to Provide City Fiber Extensions to various Decatur Public School Properties

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properties. District affirmatively acknowledges that City will have no liability for the failure of District's equipment and any related causes of action that may occur as a result of such failure and affirmatively agrees to indemnify City from such. In addition, City shall have no responsibility for the maintenance,care, or upkeep of any District owned fiber connection equipment placed or located in the City's server room location. Upon sixty(60)days written notice to Superintendent of District, City may require District to remove any or all District owned fiber connection equipment in the City's server room location at District expense. 12. Following installation and Project completion the District will pay City its share of fiber maintenance fees for the utilization of the City fiber network for District property connections. 13. Liability Limits a. The District agrees to indemnify, defend, and hold City, its officers, agents,and employees harmless from and against any and all claims, suits, causes of action, liabilities, damages,judgments or expenses including, but not limited to, reasonable attorney's fees and litigation costs, for personal injuries (including, but not limited to, death) or property damage arising out of City's obligations, responsibilities and performance under this agreement for work performed on District property on the Project. This provision shall not require the District to indemnify the City from the City's sole gross negligence or willful misconduct. b. During the term of this Agreement, District shall at all times procure and maintain insurance and shall name City, its officers and employees, as an additional named insured for all insurance. 14. This agreement shall be in full force and effect upon its approval by the City and the District and shall inure to the benefit of the City and District,their successors, and assigns,until the construction and/or improvements of the Project are completed, and all related costs therefore are paid, or the project is cancelled. 15. If any provision or subpart of this Agreement is held to be invalid by any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted,if possible. If not,the provision shall be deemed severed from the Agreement,and all other provisions and subparts shall remain in full force and effect. 16. This Agreement constitutes the entire agreement between the parties relating to the formation of an Intergovernmental Agreement between the City and the District. Any representations promises or statements not set forth in this Agreement are of no force and effect and have not been relied upon.