4.6 SR 04-15-2013 - Laserfiche WebLink

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no time will Ethernet frames, IP packets, ATM cells or similar upper layer protocols be transported directly between the City and County, unless the City and County enter into a separate agreement or agreements for shared communications, services, and /or applications between the City and County. The County 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. Should any expected or unexpected outage event last longer than 10 consecutive days, the City of Elk River will be limited in liability to a refund of Sherburne County's capital contributions to the Network Ring in the amount of $8.72 per day, beginning on the 1 lth day of the outage. b. Lateral Connections. The County 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 unauthorized connection by the County to the Network Ring shall be the responsibility of the County. The City and County shall not be liable to each other for any direct, indirect or consequential damages as a result of planned or unplanned service outages to a Lateral Connection. C. Locates. The City shall be responsible for the costs of utility locates and relocates for the Network Ring. The County shall be responsible for the costs of utility locates and relocates for Lateral Connections between the Network Ring and County facilities. I S 1p icing. The City shall be responsible for all splicing into and along the Network Ring, and for the operation, maintenance, repair and connections to the patch panels and other infrastructure along the Network Ring. The County shall have no access to the Network Ring or the components thereof without the City's prior written approval. The City must respond to requests for access within a reasonable business timeframe, not to exceed 10 business days. e. Data Retention. The City and County recognize that as governmental entities, there is a requirement for the retention and auditing of records associated with the project. The parties each agree to retain all documents in their respective possession during and after the end of the project as required by the state retention schedule. The parties shall each be responsible for any fiscal documents in their possession and the fiscal records in their respective possession shall be subject to audit by the Minnesota State Auditor, its designee or such other appropriate audit as the respective entities are legally required to conduct. Use. a. Limited to governmental uses only. The Network Ring is being installed by the City solely for governmental uses. The City and the County agrees that use of the entire Network Ring will be solely for governmental purposes and neither the City nor the County shall permit access to or use of the Network Ring by non - governmental parties. Governmental purposes shall include federal, state, county, city, township, school district and other governmental entities. In the event the parties determine during the term of this Agreement that they wish to make available to non- governinental parties one or more of the fiber optic strands within the Network Ring, the parties may amend this Section limiting use of the Network Ring to governmental parties by separate written agreement.