HomeMy WebLinkAbout2020 CON Califia Group - Advanced Network Data Services for LibraryC toia - 3 S
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CALIFA
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as "Agreement", is entered into as of July 1, 2020 by and
between Califa Group, a California public benefit corporation, hereinafter referred to as "Califa" and the
City of National City, hereinafter referred to as "City". Califa and City 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 National City
Minh Duong
City Librarian
1401 National City Blvd.
National City, CA 91950
Califa Group
Paula MacKinnon
Executive Director
330 Townsend St. Suite 133
San Francisco, CA 94107
WITNESS THAT
WHEREAS, Califa, on behalf of the California State Library, has contracted with CENIC to
provide high speed networking to libraries in California; and
WHEREAS, City desires to contract with Califa to obtain one or more data circuits to connect
City library to the CENIC high speed broadband fiber network, Ca1REN, and, if specified in
appendix #1, attached, to connect libraries to other library sites as identified in said appendix for
the purpose of connecting to CaIREN.
NOW THEREFORE, City and Califa enter into this Agreement:
1. Relationship between the Parties
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 City.
2. Services to be Provided
The primary communications infrastructure provided by CENIC is the California Research and
Education Network ("CaIREN"). Among the services that CENIC will provide to libraries
are use of Ca1REN and contracting for and provision of data circuits supplied by network service
providers.
Master Agreement
Califa, on behalf of City, will contract with CENIC for such data circuits. Specific circuits and
their costs are included in the appendix attached. Califa will assure that CENIC notifies the City of
installation requirements and necessary maintenance instructions. Neither CENIC nor Califa shall
be responsible for operating or maintaining software, equipment or cabling that connects equipment
not provided by CENIC for the services unless specifically agreed to in writing by CENIC.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from July 1, 2020 until
the termination of all circuits ordered under this Agreement, or unless otherwise terminated
by a Party pursuant to the terms of this Agreement.
(b) TERMINATION. Termination prior to the end date stated above shall result in City having
to pay any circuit telecommunications carrier termination charges resulting from early
termination of the Service. Notwithstanding the above, upon a 60 day written notice prior to
the second and each following June 30 after a circuit is installed, City may cancel a circuit
without penalty if funding to pay for that circuit is not available and City does not for at least
12 months after said notice order or otherwise obtain a replacement circuit in place of the
cancelled circuit.
(c) City may terminate this agreement if non -recurring, one-time costs for all circuits included in
appendix 1 are increased by the telecommunications carrier from the amount shown in
appendix 1. See footnote for non -recurring charges in appendix 1 for more information.
4. Payment
Payment for services shall be due within thirty (30) days of receipt of a Califa invoice reflecting
provision of the services for which the invoice is -sent; or as otherwise agreed to by City and Califa.
Except for non -recurring costs, if any, costs in Appendix I shall only begin upon installation of
circuit(s). City will put forth reasonable efforts to make payments within thirty (30) days after
receipt of invoice.
5. Miscellaneous
(a) CONDITIONS OF USE. City agrees to conform to the CENIC Appropriate Use Policy
located at http http://www.cenic.org/p=2081/ and to any specific conditions of use imposed
by subcontractors providing communications services to CENIC as may be in force at the
time such services are made available per an Addendum to this Agreement. If such
conditions of use are modified City will be notified and if City believes it can no longer
conform to their requirements, City shall have one hundred eighty (180) days to terminate the
affected service without penalty. If City does not elect to terminate the service, City must
conform to the revised conditions of use or be subject to termination of the service by
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 but only for the service defined in that Addendum.
Master Agreement
(c) FORCE MAJEURE. Neither party will be responsible for performance of its obligations
hereunder where delayed or hindered by war, riots, embargoes, strikes involving third parties,
acts of Local Access Providers or of its vendors, or suppliers, acts of unrelated third parties,
accidents, cable cuts, act(s) of God or any other event beyond its reasonable control.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement.
(e) NON LIBRARY USES: City understands that this agreement covers only City library use of
Ca1REN and of circuits provided hereunder and City 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 shall be binding unless in writing and signed by authorized
representatives of both parties.
7. General Provisions
7.1 Nondiscrimination:
(a) During the performance of this Contract, Califa and its subcontractors shall not deny
the Contract'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. Califa shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination.
7.2 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 City provided herein shall not be
exclusive and are in addition to any other rights and remedies provided by law.
8. Indemnification. INTENTIONALLY OMITTED.
Master Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For City of National City
Signa
Brad Raulston
Name
City Manager
Title
Date
(1 (e 120
APPROVED AS TO FORM:
orris -Jones
Attorney
Master Agreement
For Califa
Paula MacKinnon
Name
Executive Director
Title
Date
2a
Appendix #1
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 Califa and the City for
connecting CENIC's fiber optic backbone to City and for connections that are not direct
connections to CENIC's fiber optic backbone, e.g. direct connections between libraries. City
understands that CENIC will bill Califa, and Califa will bill City, for actual costs of circuits
charged by network service providers, including taxes and surcharges and without markup. Prior
to approval of CENIC's Library consortium E-rate application by the FCC's E-rate contractor,
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 Califa and
from Califa 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 application is approved. The actual start date of the service, and
therefore of circuit costs, will be dependent on coordination among CENIC, 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 City upon
receipt of invoice to CENIC from carrier.
Master Agreement
CONIC
Customer. National City Public Library
Budget Summary Description: 10 Gbps to Cenic Hubsite
Quote Date:
Quote Expiration:
Contract Number:
Quote For National City
Line Item
NRC MRC
Non -Recurring Cost Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment
2 Maintenance
3 Installation
4 Circuit
Total
Annual Cost
I E-rated Annual Costt
Total for Year 1
I E-rated Total for Year 1 t
$15,700.00
$0.00
$6,360.00
$0.00
$22,060.00 1
$24, 340.00
$2,794.001
$46,400.00
$23,194.00
$0.00
$0.00
$0.00
$1,660.00
$0.00
$1,890.00 -
$1,890.001
$0.00
$1,660.00
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in
invoices at CENIC's actual cost.
*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 execution of contract.
*MRC 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
tE-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: 1.0
CENIC
LOC A"
Site Name
Site Name
Service
Provider
Service
Type
Requested
Bandwidth
National City Carrier Costs
'Pricing does not include applicable taxes, surcharges. E-rate discount: percent discount indicated is an estimate based on data available at the
and fees. These costs may vary and will be included in time the quote was generated. Actual discount percentage will be identified by the E-rate
invoices at CENIC's actual cost.
authorities at a late point
Carrier lnfo
Est Contract End
Date
Non Recurring
Cost
MRC for 5 year
term
E-rate Discount
Discounted NRC
Discounted MRC
Total Discounted MRC
$94.50
National City Public Library -
National City Public Library
Cenic Hubsite AT&T Lit Circuit 10Gbps
./1/2025 S _ 1,800.00 SO 00 S94 S0
Total Discounted NRC
$0.00