R2016-131 Intergovernmental Agreement with Illinois Department of Innovation and Technology for Fiber

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ii) Exhibit B: Fiber Specifications/Acceptance Testing iii) Exhibit C: Fiber Acceptance Notice iv) Exhibit D: Intergovernmental Master Service Agreement ARTICLE 2- PRICING 2.1 Pricing is as identified in Exhibit A. 2.2 All amounts due DoIT are payable in full within thirty(30) days from date of invoice("Due Date"). Invoice amounts not paid on or before the Due Date shall bear interest at the rate of one and one-half percent (1.5%) per month or the highest lawful rate,whichever is lower. ARTICLE 3- FIBER BUILD SERVICES 3.1 DoIT will manage existing DoIT held construction and engineering agreements to facilitate the Design, Engineering and Installation of a fiber-optic infrastructure within the City of Decatur for Public Agency's use. 3.2 Upon execution of this agreement, DoIT will invoice Public Agency for the one-time project management and engineering fees listed in Exhibit A. Upon payment, DoIT will engage the engineers, and provide engineering plans and design for the fiber build.Thereafter, DoIT will work to provide Public Agency with firm construction quotes from DoIT's qualified vendors. Upon receipt of the construction bids, DoIT will notify Public Agency and, if the costs are greater than the Estimated Cost listed in Exhibit A, Public Agency may elect to terminate the agreement and end the build project, resulting in invoicing from DoIT only for any services rendered. 3.3 DoIT will provide these services based on the specifications laid out in Exhibits A and B respectively. DoIT will provide weekly status updates to Public Agency during build window. Once the build is complete, DoIT will provide Public Agency with the Fiber Acceptance Notice, Exhibit C. Public Agency will have 10 business days to accept or reject the Fiber based on the specifications and testing identified in Exhibit B. No response from Public Agency within this timeframe,or Public Agency use, will result in acceptance of the fiber. 3.4 After the fiber has been accepted and final payment from Public Agency to DoIT has been made, the constructed fiber network becomes the legal and equitable property of Public Agency. ARTICLE 4-TERM 4.1 This IGA will be in effect starting from the last dated signature of the Parties, and will run until the Parties agree the project is complete, with completion occurring upon acceptance by Public Agency of the project and payment in full by the Public Agency. In no event, however, shall this agreement last longer than ten (10) years. ARTICLE 5-TERMINATION FOR CAUSE 4