HomeMy WebLinkAboutC-7035-4 - Novation Agreement for the Provision, Installation , and Maintenance of Advanced Network (Data) ServicesAMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH (CITY)
AND
THE IMPERIAL COUNTY OFFICE OF EDUCATION (ICOE)
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES.
This Amendment is entered into effectively as of the date on which it is executed by both
parties.
This Amendment replaces Appendix 1, "Provision, Installation, and Maintenance of
Advanced Network (Data) Services: Reimbursement of Circuit Costs, " to the Agreement
between the City and ICOE executed on May2, 2024, with the attached Appendix 1. The
changes indicated in this Amendment will be effective as of July 1, 2025. The purpose of
this revision is to renew the Library circuit(s) as detailed in Appendix 1.
All other terms and conditions of the original Agreement remain in place and unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective duly authorized representatives.
For the City of Newport Beach, on behalf
of the Newpoo, Beach Public Library
Date: —7
By:.__�`!
Melissa Hartson
Library Services Director
Approved as to Form:
City Attorney's Office
Date: % / �k / L<—
By:
ron C. Ha
City Attorney P
Attest: Z s.
Date:
By:
Molly Perry
Interim City Clerk
For Imperial County Office of
Education (ICOE)
Signed in Counterpart
Signature
Name
Title
Date
AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH (CITY)
AND
THE IMPERIAL COUNTY OFFICE OF EDUCATION (ICOE)
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES.
This Amendment is entered into effectively as of the date on which it is executed by both
parties.
This Amendment replaces Appendix 1, "Provision, Installation, and Maintenance of
Advanced Network (Data) Services: Reimbursement of Circuit Costs, " to the Agreement
between the City and ICOE executed on May2, 2024, with the attached Appendix 1. The
changes indicated in this Amendment will be effective as of July 1, 2025. The purpose of
this revision is to renew the Library circuit(s) as detailed in Appendix 1.
All other terms and conditions of the original Agreement remain in place and unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective duly authorized representatives.
For the City of Newport Beach, on behalf
of the Newport Beach Public Library
Date:
By:
Melissa Hartson
Library Services Director
Approved as to Form:
City Attorney's Office
Date: ) / \ l / L<
For Imperial County Office of
Education (ICOE)
- r4 i 4
Sig re
1;45 )o"f`JL%
Name
No_ wawoale- lwrlgnyes
Title
By:W, n-, i
/Ii
ron C. Ha � . \ \. 2 S
ty Attorney A Date
Attest:
Date:
By:
Molly Perry
Interim City Clerk
APPENDIX I
PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of ICOE and the City for
connecting CENIC's fiber optic backbone to the City and for library connections that are not direct
connections to CENIC's fiber optic backbone, e.g., direct connections between libraries (defined
as "Services" in the Agreement). The City understands that CENIC will bill ICOE, and ICOE will
bill the City for the costs of circuits charged by network service providers, including any taxes,
surcharges, and any one-time installation fees. Prior to approval of CENIC's E-rate Consortium
Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices.
After the E-rate Application for any given year is approved, the network service provider will
coordinate with CENIC to provide appropriate credits. Such credits will be passed from CENIC to
ICOE and from ICOE to the City. Such credits are typically issued sometime during the fiscal
year after the year in which the circuits are installed, and Services are first provided. In subsequent
years, credits continue to be issued in the fiscal year after the year for which Services have been
provided. City further understands that the exact discounted cost of circuits will not be known
until after the E-rate Consortium Library Application is approved. The actual start date of the
service and circuit costs will depend on coordination among GENIC, the City, and the network
service provider. Any one-time (Non -recurring or NRC) costs included below are typically
invoiced by carriers prior to circuit installation and will be invoiced to the library upon receipt of
the invoice from the network service provider to CENIC.
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►n
NOVATION AGREEMENT BETWEEN
THE IMPERIAL COUNTY OFFICE OF EDUCATION,
CJ and
THE CITY OF NEWPORT BEACH
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as "Agreement," is entered into as of N q 4 2 17 02 `I
("Effective Date") by and between the Imperial County Office of Education, hereinafter referred to as
"ICOE," and the City of Newport Beach, a California municipal corporation, on behalf of the Newport
Beach Public Library, hereinafter referred to as "Library." ICOE and Library are sometimes referred
to in this Novation individually as "Party" and collectively as "Parties."
WHEREAS, California State Library appointed Columbia Telecommunications Corporation d/b/a
CTC Technology and Energy ("CTC") as the Statewide Broadband Aggregator for the California
State Library Broadband Services Project;
WHEREAS, Library entered into an agreement with CTC, dated June 1, 2022 ("Original Agreement")
to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network,
CaIREN, and if specified in Appendix #1 and subsequent Addenda attached thereto, to connect Library
to other library sites as identified in said Appendices;
WHEREAS, CTC provided notice of its intention to terminate its appointment and end its
responsibilities under the agreement as Statewide Broadband Aggregator on behalf of the California
State Library, effective as of December 31, 2023; and
WHEREAS, as of January 1, 2024, the California State Library has appointed ICOE to assume the
rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf
of the California State Library as defined by the terms of the California Broadband Services Project
program and that, upon said appointment, CTC has ceased to perform those functions.
Now, Therefore, the Parties execute this Agreement to novate the assumption of the duties under
the Original Agreement from CTC to ICOE.
The Parties acknowledge and agree that CTC, on behalf of the California State Library, has
transferred and assigned its duties and responsibilities of the Statewide Broadband Aggregator to
ICOE pursuant to the terms of the grant program administered by the California State Library.
By signing this Amendment, the Library and ICOE agree that,
1. The Original Agreement is hereby amended to replace the reference to "CTC" with a new
reference to "ICOE." A copy of the Original Agreement between CTC and the City of
Newport Beach is attached hereto as Exhibit "A" and incorporated herein by this reference.
2. The Original Agreement remains in full force and effect as between the Library and ICOE
from the date of this Agreement, and that ICOE, on behalf of the California State Library,
will assume all rights and responsibilities of CTC under the Original Agreement.
3. ICOE will perform the functions agreed to by CTC as set forth under the Original
Agreement, including all addenda, appendices, and subsequent amendments.
4. The Indemnification clause in the Original Agreement is amended to state:
Indemnification. The Library agrees to indemnify, defend and save harmless ICOE, its
officers, agents, and employees from any and all claims, losses, and liabilities accruing or
resulting to ICOE and any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials or
supplies in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or damaged by
the Library in the performance of this Agreement, but only in proportion to and in the extent such
liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from
the negligent or intentional acts or omissions of the Library, its officers, agents, or employees.
ICOE agrees to indemnify, defend, and save harmless the Library, its trustees, officers, agents, and
employees from any and all liabilities accruing or resulting to the Library and any and all
contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing
or supplying work services, materials or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by ICOE in the performance of this Agreement, but
only in proportion to and in the extent such liability, loss, expense, attorneys' fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or omissions of
ICOE, its officers, agents, or employees.
This Agreement serves as written notice to the Library of this change in the Broadband
Aggregator duties and of the continued obligation by Library to comply with the terms and
conditions of the Original Agreement.
6. TERM OF THIS AGREEMENT. This Agreement shall be effective from the Effective Date,
through June 30, 2024. This Agreement will automatically renew unless one Party notifies the
other Party at least 60 days in advance of the annual anniversary date of June 30, each year.
[signatures on following page]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For: The City of Newport Beach, on
behalf of the Newport Beach Public
Library
Date: `t1ZZj7-,o%- q
By. CAa-/Z. c
Melissa Hartson
Library Services Director
Approved as to Form:
City Attorney's Office
Date:
By: 1ho
ron C. Harp q l )bq V,
ity Attorney
Attest:
Date:
j
By: Aa�,
Leilani I. Brown
City Clerk
For ICOE:
Signature
Qit\
�p 0
Name GOB
Title `��
Date
Attachments: Exhibit "A" — Agreement Between City of Newport Beach and Columbia
Telecommunications Corporation For the Provision, Installation and Maintenance
of Advanced Network (Data) Services, dated June 1, 2022
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For: The City of Newport Beach, on
behalf of the Newport Beach Public
Library
Date:
By:
Melissa Hartson
Library Services Director
Approved as to Form:
City Attorney's Office
Date: GI / 15e%Zq
By: < j (h I)
To
n C. Harp �I �►bl>�t �U
ty Attorney
Attest:
Date:
By:
Leilani I. Brown
City Clerk
Name
Cw; �)C-cUTI* Omcez Ntw)(u, )Tjmv�viv�s
Title
lv-/14
Date
Attachments: Exhibit "A" — Agreement Between City of Newport Beach and Columbia
Telecommunications Corporation For the Provision, Installation and Maintenance
of Advanced Network (Data) Services, dated June 1, 2022
EXHIBIT "A"
Agreement Between City of Newport Beach and Columbia Telecommunications Corporation
For the Provision, Installation and Maintenance of Advanced Network (Data) Services, dated
June 1, 2022
(see attached)
AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND COLUMBIA
TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as "Agreement", is entered into as of June 1, 2022 (`Effective
Date") by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy,
a Maryland corporation, hereinafter referred to as "CTC' and the City of Newport Beach, a California
municipal corporation, on behalf of the Newport Beach public library, hereinafter referred to as
"Library". CTC and Library are sometimes referred to in this Agreement individually as "Party" and
collectively as "Parties". All written communications between the parties shall be addressed as follows
unless and until amended in writing by the respective party.
City of Newport Beach Public
Library
Tim Hetherton
Library Services Director
1000 Avocado Avenue
Newport Beach, CA 92660
CTC Technology and Energy
Heather D. Mills
Vice President, Grant S Funding Strategies
10613 Concord Street
Kensington, AID 20895
hmills&ctenet.us
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State
Library Broadband Services Project ('Project"); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation
for Education Network Initiatives in California ("CENIC") and its subsidiaries to provide high
speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data
circuits to connect Library to the CENIC high speed broadband fiber network, CaIREN, and, if
specified in Appendix #1, attached, to connect Library to other library sites as identified in said
Appendix for the purpose of connecting to Ca1REN.
NOW THEREFORE, Library and CTC enter into this Agreement:
t . Pu rpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the
provision of communications and related network services to Library under the Project.
2. Services to be ['rovided
Parties understand that the primary communications infrastructure provided by CENIC is the
California Research and Education Network ("CaIREN"). Services that CENIC will provide
Master Agreement Page I of 7
to Libraries will include use of C:aIREN and contracting for and provision of data circuits
supplied by network service providers.
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits
and their costs are included in the Appendix # I attached which may be amended from time to
time by mutually signed Addenda ('`Services"). CTC assures Library that CENIC or CTC
will notify Library of installation requirements and necessary maintenance instructions.
Neither CENIC nor CTC shall be responsible for operating or maintaining software,
equipment or cabling that connects equipment or network services not provided by CENIC for
the Services unless specifically agreed to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by
CENIC or the network service provider to deliver Services, or otherwise comply with the
terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If
noticed non-performance is not cured in a timely manner, Parties agree to rneet within 10 days
of said notice and discuss appropriate remedies including but not limited to cancellation of
related services or service credits as specified in the underlying agreements between CENIC
and its network service provider and CTC and CENIC.
Library is responsible for calculating and paying any early tennination penalties that might
apply due to cancellation of existing connections so that it may receive Services under this
Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency,
or related documentation, to confirm its participation in and eligibility for the E-rate Consortia
and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under
the Letter of Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter
of Authorization, or related documentation, to the California Public Utilities Commission to
authorize CTC and CENIC to act on its behalf to submit an application and supporting
documentation for the purpose of receiving discounts on eligible network services as part of
the California Teleconnect Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains
responsible for continuing to apply for that E-rate funding until all CENIC Services are turned
up and existing E-rate supported services are canceled.
3. Term auul 'Termination or this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from June I, 2022
until the termination of all Services including the circuits ordered under this Agreement
(as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under
this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this
Agreement. Specific terms for the circuits provided pursuant to this Agreement shall
depend on the specific date such circuit is "handed off' to Library pursuant to
Appendix # 1 or subsequent Addenda or as noticed in writing by CENIC to Library.
(b) TERMINATION. Termination of this Agreement prior to the end date of any given
circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library
Master Agreement Page 2 of 7
paying any applicable circuit telecommunications carrier termination charges or similar
early termination charges that CTC incurs under its agreement with CENIC resulting
from early termination of the Service.
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and
each following June 30 after a circuit is installed, Library may cancel a circuit without
penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not
available and Library agrees that for at least 12 months after said notice it will not order
or otherwise obtain a replacement circuit or substantially similar services in place of the
cancelled circuit.
(d) Library may terminate this Agreement with no penalty if non -recurring, one-time costs
for all circuits included in Appendix #1 and any subsequent Addenda are materially
increased by the telecommunications carrier from the amount shown in Appendix # 1.
(e) CTC may terminate this Agreement or assign its rights and responsibilities under this
Agreement to a third party upon no less than sixty (60) day written notice to Library, in
the event of termination or expiration of its duties and obligations under the Project and
with written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of
receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or
as otherwise agreed to by Library and CTC. Except for non -recurring costs, if any, costs in
Appendix # I and any subsequent Addenda shall only begin upon installation of circuit(s).
Library will put forth reasonable efforts to make payments within thirty (30) days after receipt
of invoice. Library understands and agrees that CTC will only make payment to CENIC for
services upon receipt of related payments from Library. If Library fails to make payments
within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment
fees incurred by CTC under its agreement with CENIC.
unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth
in Appendix #1 and subsequent Addenda are non -cancelable and nonrefundable. Upon
termination of this Agreement, or any Services provided under this Agreement, any
outstanding circuit deployment fees, outstanding recurring charges, non -recurring fees,
applicable circuit termination charges, and applicable early termination penalties, shall
become due and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use
Policy located at https://cenic.org/network/poIicies/acceptable-use-policy (revised
September 13, 2004) and to any specific conditions of use imposed by network service
providers or subcontractors providing communications services to CENIC as may be in
force at the time such services are made available, including pursuant to an Addendum
to this Agreement. If CENIC, subcontractors, or network service provider conditions of
use are modified, Library will be notified and if Library believes it can no longer
conform to their requirements, Library shall have one hundred eighty (180) days from
the notice of the modification to terminate the affected Service(s) without penalty.
Library must provide a 30-day written notice of its termination under this provision to
Master Agreement Page 3 of 7
CTC and GENIC. If Library does not elect to terminate the Service(s), Library must
conform to the revised conditions of use. If Library fails to conform to the revised
conditions of use, the Services may be subject to termination upon sixty (60) day notice
to Library from CTC or CENIC.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with
a clause in an Addendum to this Agreement, the language in the Addendum shall take
precedence only for the service defined in that Addendum.
(c) FORCE MAJEURE. Neither Party shall be responsible for performance of its
obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes,
strikes involving third parties, acts of third party communications service providers,
including any local access provider, or of their vendors, or suppliers unrelated to the
services offered under this Agreement, acts of unrelated third parties, accidents, cable
cuts by third parties not related to services provided under this Agreement, natural
disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement.
(e) NON -LIBRARY USES: Library understands that this agreement covers only library
use of CaIREN and of circuits provided hereunder and Library agrees that no other uses
will be made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties
constitute the entire Agreement between the parties regarding the subject matter of this
Agreement and supersede all prior written or oral agreements with respect to such. This
Agreement may not be modified orally, and no modification or amendment shall be binding
unless in writing and signed by authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement,
(a) CTC and its subcontractors shall not deny the Agreement's benefits to any
person on the basis of religion, color, ethnic group identification, sex, age,
physical or mental disability, nor shall they discriminate unlawfully against any
employee or applicant for employment because of race, religion, color, national
origin, ancestry, physical handicap, mental disability, medical condition, marital
status, age (over 40) or sex.
(b) CTC shall ensure that the evaluation and treatment of employees and applicants
for employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any
provision of this Agreement is held to be or invalid under any applicable statute or
rule of law, it is deemed to that extent to be omitted. However, the balance of the
Agreement shall remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall
not be exclusive and are in addition to any other rights and remedies provided by
law.
Master Agreement Page 4 of 7
7.4 Prior Agreements: Library agrees that any prior agreements entered into between
any entity that previously served as the Broadband Administrator and the Library for
the purpose of participating in the CENIC E-Rate Consortium or receiving services
pursuant to that program has been terminated.
S. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers,
agents and employees from any and all claims, losses, and liabilities accruing or resulting to
CTC and any and all contractors, subcontractors, suppliers, laborers and any other person,
firm or corporation furnishing or supplying work services, materials or supplies in connection
with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Library in the
performance of this Agreement, but only in proportion to and in the extent such liability, loss,
expense, attorneys' fees, or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of Library, its officers, agents, or employees. CTC
agrees to indemnify, defend, and save harmless Library, its trustees, officers, agents and
employees from any and all liabilities accruing or resulting to Library and any and all
contractors, subcontractors, suppliers, laborers and any other person, firm or corporation
furnishing or supplying work services, materials or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by CTC in the
performance of this Agreement, but only in proportion to and in the extent such liability, loss,
expense, attorneys' fees, or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of CTC, its officers, agents, or employees.
(signatures on roiiowing page)
Master Agreement Page 5 of 7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For Library
Signature
MaliaGa Nartcnn
Name
Library Services Director
Title
5/3 I /20 Z-2
Date
APPROVED AS TO FORM:
CITY AT'r0 EY' OFFICE
Date: Z2
-
n . Har
City ttorney
Attachment(s): Appendix # 1
FY22-23 Scope of Work
For Columbia Telecommunications Corporntion
Si ature
Joanne S. Hovis
Name
President
Title
Date
(Master Agreement Page 6 of 7
ATTEST:
Date: • ! I ;tgo-z
By: (/\ Il1 144�
Leilani 1. Brown
City Clerk
Q—/-'r=0 lkt�;
Appendix #1
Provision, Installation and 1N[aintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for
connecting CENIC's fiber optic backbone to Library and for library connections that are not
direct connections to CENIC's fiber optic backbone, e.g. direct connections between libraries
(defined as "Services" in the Agreement). Library understands that CENIC will bill CTC, and
CTC will bill Library, for the costs of circuits charged by network service providers, including
any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC's E-
rate Consortium Library Application, not all applicable E-rate and CTF discounts will be
reflected on invoices. After the E-rate Application for any given year is approved, the network
service provider will coordinate with CENIC to provide appropriate credits and such credits will
be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued
sometime during the fiscal year after the year in which the circuits are installed and Services are
first provided. In subsequent years, credits continue to be issued in the fiscal year after the year
for which Services have been provided. Library further understands that the exact discounted
cost of circuits will not be known until after the E-rate Consortium Library Application is
approved. The actual start date of the Service, and therefore of circuit costs, will be dependent
on coordination among CENIC, the Library and the network service provider. Any one-time
(Non -recurring or NRQ costs included below are typically invoiced by carriers prior to circuit
installation and will be invoiced to Library upon receipt of invoice to CENIC from the network
service provider.
Master Agreement Page 7 of 7
CENIC
Customer: Newoort Beach Public Library
Budget Summand Description: Renewals of Year 2 Sites
Quote Date: FY21-22
Quote Expiration:
Contract Number.
1' Equipment
$0.00'
$0.00
$0.00+
2;Maintenance
$0.00
$0.00;
$0.00i
3 installation
$0.00 ,—
$0.00 `
$0.00
4'Circuit
$0.00.
$2,357.58:-
5 : Circuit Deployment Fee
$0.00'
$0.00
$0.00
Total
$0.00.$2.357.58;
$0.00':
Annual Cost
$28,290.96 .
E-rated Annual Costt
$5,658.19
Total First Year Cost
$28,290.96.
E-rated Total First Year Costt
$5,668.19
'Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices
at CENIC's actual cos?
'If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be
reimbursed for both the one-time installation and ongoing monthly recurring costs.
'NRC items are one-time costs billed upon execubcn of contract.
'PIRG items are billed quarterly.
TE-rate discount: percent discount indicated is an estimate based on data available at the time the quote was
generated. Actual discount percentage will be identified by the E-rate authorities at a later point
E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot
guarantee the E-rate and CTF discounts, and these discounts are subject to change.
TE-rate Costs may take up to 18 months to activate due to USAC processing time
Version: 2.0
CENIC
_ LOC A"
She Name I Zip Site Name
Yew?a^, Deac'?Fbiic iibcary-'.ainz�_a-eN 'ST. AT&T
�ew'FFrt 3eac+?cvic ubary-6a:hca it. lei ,. Seam hbiic ;brzry-CenVa; AT&T
\ew^.or.3erin ?�a0c;:brary-!Aar,0erz ... Vewcon aeach a.b:ic !bcary-Cecinl AT&T
dThe not Include applicable Wires, surcharges, E- ute discouMs
percent discount inffinted %an estlmate based on data available at the
. costs may vary and Will be included in 6_ tint uom s generated. Actual discount att CENENIC's actual cast authorities at a latar point percentage vdllbe Identified by the E-ra[e
cram vrscuum TOWI Dtscounted MRC 1 Total Discounted NRC
Requested En Contract End on Morning MR[for5 year Discounted NRC Discounted MRC I Bandwidth Date Co$t term $471.52 i $0.00
1 GbF 7112026 $0.00 $801.90 $0.00 5160.39
500 Nbpa 1l12026 $0.00 $153.)a 5p.g0 SSa.0a
1 ^ubps 7l�2026 $0.00 $a01.e0 50.00 Mau
NOVATION ACRLEN,IENT
BETWEEN NEVVPORT BEACH PUBLIC LIf3IZARV AND CALIFA
This Novation Agreement (*'Agreement") provides notice and agreement between the Parties that:
WT-IEREAS, Califa Group, a California public benefit corporation ("Califa''), acting on behalf of
the California State Library, is the Statewide Broadband Aggregator for the California State
Library Broadband Services Project; and
WHLI2EAS, the City of Newport Beach, a California municipal corporation, on behalf of the
Newport Beach Public Library ("Library") has entered into an agreement with Califa dated July 1,
2021 ("Original Agreement") to obtain one or more data circuits to connect Library to the CENIC
high speed broadband fiber network, CaIREN, and, if specified in Appendix #1 and subsequent
Addenda, attached, to connect Library to other library sites as identified in said Appendix for the
purpose of connecting to CaIREN.
WHEREAS, as of January I, 2022 the California State Library has appointed Columbia
Telecommunications Corporation d/b/a CTC Technology and Energy, a Maryland corporation
("CTC"), to assume the rights and responsibilities and perform the functions of the Statewide
Broadband Aggregator on behalf of the California State Library as defined by the terms of the
California Broadband Services Project program and that, upon said appointment, Califa will cease
to perform those functions.
Now Therefore, Califa, CTC, and Library (collectively "Parties") execute this Agreement to
novate the assumption of the duties under the Original Agreement from Califa to CTC:
The Parties acknowledge and agree that Califa, on behalf of the California State Library, have
transferred and assigned its duties and responsibilities of the Statewide Broadband Aggregator to
CTC pursuant to the terms of the grant program administered by the California State Library.
By signing this Agreement, Library, Califa, and CTC agree that,
1. The Original Agreement is hereby amended to replace the reference to "Califa" with a new
reference to "CTC.''
2. The Original Agreement remains in full force and effect as between Library and CTC from
the date of this Agreement and that CTC, on behalf of the California State Library, will
assume all rights and responsibilities of Califa under the Original Agreement
3. CTC will perform the functions agreed to by Califa as set forth under the Original
Agreement including all addenda, appendices and subsequent amendments.
4. The Indemnification clause in the Original Agreement is amended to state:
lndemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers,
agents and employees from any and all claims, losses, and liabilities accruing or resulting to
CTC and any and all contractors, subcontractors, suppliers, laborers and any other person,
firm or corporation furnishing or supplying work services, materials or supplies in
connection with the performance of this Agreement, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be injured or damaged by
Library in the performance of this Agreement, but only in proportion to and in the extent
such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by
or result from the negligent or intentional acts or omissions of Library. its officers, agents,
or employees. CTC agrees to indemnify , defend, and save harmless Library, its trustees,
officers, agents and employees from any and all liabilities accruing or resulting to Library
and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or
corporation furnishing or supplying work services, materials or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by CTC in the
performance of this Agreement, but only in proportion to and in the extent such liability,
loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from
the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.
5. This Agreement serves as written notice to Library of this change in the Statewide
Broadband Aggregator duties and of the continued obligation by Library to comply with
the terms and conditions of the Original Agreement.
(signatures on following page)
2
IN wrrNEsSS Wl-1EREOF, the parties hereto have caused this Novation Agreement to be executed by
their respective duly authorized representatives.
IIoi' 1�11)Pill3'
Signature
Melissa Hartson
Name
Library Services Director
Title
V/31 /zV-2-Z
Date
1F0 r Cnlifa
Signature
Narne o
Title CO
Date
APPROVED AS TO FORiAt
Ci'i i� A'i"['O EOFFICE
OFFiC
Date:
By:_ 7
-molar C-Yr
Cikq Attorney
For Coltimbin Telecommunications Corporaiion
A/` ` —
J
Signature
Joanne S. Hovis
Name
President
Title
Date
ATT EST:
Date: �,' /'
AA
Leilani 4Br
City Clcrk
C <<. :{
EI f-0 Rr��
IN' \1 ITiN'ESS \YI-1 IFIZEO , the parties hereto have caused this Novation Agreement to be executed by
their respective duly authorized representatives.
Foz- Library
Signature
Name
Title
Date
Name
Title
S zL -2-2-_
Date
APPROVED A.S '1'0 I O WO :
CI'1'%'A'I-I'ORN'I1V'S 0FFICP's
Date:
By:
Aaron C. Harp
City Attorney
3
For Colu►nbia'I'elecomAnunications Corporation
Signature
Joanne S. Hovis
Name
President
Title
Date
Date:
By:
Leilani 1. Brown
City Clerk