4.6 SR 04-15-2013 - Laserfiche WebLink

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ERMU within 30 days of receipt of a statement from the City detailing the total Initial Capital Costs. b. Future Capital Costs. It is anticipated that during the term of this Agreement it will be necessary to replace or upgrade components of the Network Ring and related infrastructure to endure that the Network Ring continues to serve its purpose. City shall be solely responsible for determining what capital improvements to make to the Network Ring and for installing those improvements, but shall not initiate any substantial upgrades or capital improvements to the Network Ring until the proposed upgrade or improvement has been discussed with ERMU at the annual January meeting or a separate meeting called by the City for that purpose. ERMU agrees to reimburse the City for 33 percent of such future capital costs in the same manner as reimbursement for initial capital costs. C. Operating and Maintenance Costs. The City shall be responsible for annual costs for operation and maintenance of the Network Ring. ERMU will provide locate services, pursuant to Section 4(c) of this Agreement, in lieu of contributing to annual operation and maintenance costs. d. Repair Costs. The City will be responsible for operatin, maintenance and repair of the Network Ring. If the Network Ring is damaged, the City shall attempt to recover the cost of repair from the responsible party or from the City's insurance coverage. ERMU will reimburse the City for 33 percent of all unrecoverable repair costs. ERMU's payment shall be made within 30 days of receipt of a statement for repair costs. e. Lateral Connection Costs. ERMU shall be responsible for 100 percent of the installation, operation, maintenance and repair costs for Lateral Connections between the Network Ring and ERMU facilities. 4. Operation and Maintenance. a. Network Ring. The City will be solely responsible for operating, maintaining and repairing the Network Ring. The City will maintain and administer the Network Ring and all connections thereto, including a central patch panel and all other infrastructure related to the construction, operation, maintenance and repair of the Network Ring. ERMU traffic through the fiber optic strands will transit through the Network Ring at the physical layer only. That is, fiber optic strands transporting ERMU traffic will be physically housed in Network Ring infrastructure owned and operated by the City, but at no time will Ethernet frames, EP packets, ATM cells or similar upper layer protocols be transported directly between the City and ERMU, unless the City and ERMU enter into a separate agreement or agreements for shared communications, services and /or applications between the City and ERMU. ERMU will be responsible, at its own cost, for its own connectivity and access to the internet or any other services. The City will use its best efforts to keep the Network Ring operational at all times, with the exception of scheduled down time for maintenance and repair. The City shall not be liable to ERMU for any direct, indirect or consequential costs or damages to ERMU as a result of planned or unplanned service outages of the Network Ring. b. Lateral Connections. ERMU shall be solely responsible, at its cost, for installing, operating, maintaining and repairing Lateral Connections. Lateral Connections may only be connected to the Network Ring by the City or a contractor authorized, in writing, by the City to make the connection. Any damage done to the Network Ring as a result of