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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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 AND DECATUR PUBLIC SCHOOL DISTRICT WHEREAS,the City of Decatur, Illinois("City")has received a State of Illinois Grant to extend and/or make improvements to its Fiber Optic Network located in specific City owned rights of way and as more particularly set forth in Exhibit A,attached hereto and incorporated by reference; and., WHEREAS,the Decatur Public School District 61 ("District")has applied for a State of Illinois Grant to provide for fiber installation in addition to that planned by the City to further extend the City Fiber Optic Network in City owned rights of way as well as provide lateral connections from the fiber network to certain District properties as more particularly set forth in Exhibit A; and, WHEREAS, Exhibit A sets forth the specific rights of way that the City and the District are each desirous of extending and that each will be financially responsible for in the construction and installation of the fiber; and, WHEREAS, intergovernmental cooperation between the City and District is beneficial to both parties by allowing for additional fiber construction and installation in City owned rights of way, and the sharing of Fiber Optic Assets from both parties to connect District properties together, and provide connectivity to Internet services from the Illinois Century Network; and, WHEREAS,the 1970 Illinois Constitution,Art. VII, Section 10 and 5 Illinois Compiled Statutes 220/3 provide authority for intergovernmental co-operation;and, WHEREAS,the City Council of the City and the Board of the District believe the addition of these Fiber Optic routes will advance education experiences in the City and will be of benefit to the health, safety, and welfare of the residents of Decatur, Macon County, Illinois. NOW THEREFORE, in consideration of the mutual agreement contained in this agreement,the City and District agree as follows. 1. The City agrees to act as the Lead Agency for the fiber construction and installation on City owned rights of way project("Project")as more particularly set forth in Exhibit A. 2. The City and District agree that that the construction and installation of the lateral connections from the fiber network to certain District properties are not included in this Agreement nor part of the Project and the City shall not be responsible for the construction, installation or maintenance of the lateral connections unless specifically provided for in a written amendment to this Agreement.