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R2016-133 Execute Intergovernmental Agreement with Illinois Department of Innovation and Technology for Fiber
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R2016-133 Execute Intergovernmental Agreement with Illinois Department of Innovation and Technology for Fiber
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12/2/2016 10:06:00 AM
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Resolution/Ordinance
Res Ord Num
R2016-133
Res Ord Title
Resolution Authorizing Mayor and City Manager to Execute an Intergovernmental Agreement with the Illinois Department of Innovation and Technology, an Illinois State Agency, for Fiber Management Services
Department
Management Services
Approved Date
11/21/2016
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(3) Fiber splicing and termination—Splicing services to address repairs or to interconnect <br /> with other providers (e.g. customer)fiber.; <br /> (4) Pursue reimbursement for repair costs resulting from bad locating,failure to call JULIE, <br /> failure to adhere to locate markings; <br /> (5) Public Agency billed per Pricing section, above. <br /> iii) Locates: <br /> (1) Responds to emergency and non-emergency locate requests, i.e. a party wanting to <br /> dig/trench an area where fiber is buried.The party notifies JULIE and JULIE issues a <br /> ticket to the State for the locate request.The company the State has contracted to <br /> processes the locate request goes out and marks ground where fiber is buried. <br /> ARTICLE 4-TERM <br /> 4.1 This IGA has a term of 1/12 (years/months), starting from the last dated signature of the Parties <br /> This IGA will automatically renew for additional one (1)year terms,for no more than five (5) <br /> years total, unless either Party provides notice, at least 30 days in advance of the anniversary of <br /> the last dated signature of the Parties,that it does not wish to renew. <br /> ARTICLE 5-TERMINATION FOR CAUSE <br /> 5.1 DoIT may terminate this IGA, in whole or in part, immediately upon notice to the Public Agency <br /> if: (a) DoIT determines that the actions or inactions of Public Agency, its agents,employees or <br /> subcontractors have caused, or reasonably could cause,jeopardy to health, safety,or property, <br /> or(b) Public Agency has notified DoIT that it is unable or unwilling to perform the IGA. <br /> 5.2 If Public Agency fails to perform to DoIT's satisfaction any material requirement of this IGA, is in <br /> violation of a material provision of this IGA, or DoIT determines that the Public Agency lacks the <br /> financial resources to perform the duties and requirements described above, DoIT shall provide <br /> written notice to the Public Agency to cure the problem identified within the period of time <br /> specified in DoIT's written notice. If not cured by that date DoIT may either: (a) immediately <br /> terminate the IGA without additional written notice or(b) enforce the terms and conditions of <br /> the IGA. <br /> 5.3 For termination due to any of the causes contained in this Section, DoIT retains its rights to seek <br /> any available legal or equitable remedies and damages. <br /> ARTICLE 6-TERMINATION FOR CONVENIENCE <br /> 6.1 DoIT may,for its convenience and with 120 days prior written notice to Public Agency,terminate <br /> this IGA in whole or in part and without payment of any penalty or incurring any further <br /> obligation to the Public Agency. <br /> 6 <br />
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