R2022-52 Resolution Authorizing a Memorandum of Understanding Agreement and associated Sales Order with the Howard G. Buffett Foundation to obtain Internet Access through the City of Decatur Fiber Optic Network

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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(240065) 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 official) under any bankruptcy, insolvency or other similar law(each such event shall be a "Customer Default"). 9.1.2 In the event of a Customer Default,the CITY may suspend Services to Customer until Customer remedies the Customer Default,or the CITY may terminate this MOU and/or any or all of the Services being provided hereunder. The CITY may at its sole option, but without any obligation, cure a non-monetary breach at Customer's expense at any point and invoice Customer for the same. These remedies are in addition to and not a substitute for all other remedies contained in this MOU or available to the CITY at law or in equity. 9.2 CITY Default. 9.2.1 CITY is in default of this MOU if the CITY fails to cure any non-monetary breach of any material term of this MOU within thirty(30) days of receiving written notice of the breach from Customer("CITY Default").