HomeMy WebLinkAboutA6680-1 - ADVANCED NETWORK SERVICES AT PALM SPRINGS LIBRARY AND WELWOOD MURRAY MEMORIAL LIBRARY WITH CALIFA GROUP AGREEMENT BETWEEN PALM SPRINGS PUBLIC LIBRARY
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 March 23, 2020
by and between Califs Group, a California public benefit corporation, hereinafter referred to as"Califa"
and Palm Springs Public Library,hereinafter referred to as"Library". Califa 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.
Palm Springs Public Library Califa Group
Jeannie Kays Paula MacKinnon
Library Director Executive Director
300 South Sunrise Way 330 Townsend St. Suite 133
Palm Springs, CA,92262 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, Library desires to contract with Califa 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 CaIREN.
NOW THEREFORE, Library 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 Library.
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 CaIREN and contracting for and provision of data circuits supplied by network service
providers.
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Califs, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and
their costs are included in the appendix attached. Califs will assure that CENIC notifies the Library
of installation requirements and necessary maintenance instructions. Neither CENIC nor Califs
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 March 23, 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 Library
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, Library may cancel a
circuit without penalty if funding to pay for that circuit is not available and Library does not
for at least 12 months after said notice order or otherwise obtain a replacement circuit in
place of the cancelled circuit.
(c) Library 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 Library and
Califs. Except for non-recurring costs, if any, costs in Appendix I 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.
5. Miscellaneous
(a) CONDITIONS OF USE. Library 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 library will be notified and if Library believes it can no longer
conform to their requirements, Library shall have one hundred eighty (180) days to terminate
the affected service without penalty. If Library does not elect to terminate the service,
Library must conform to the revised conditions of use or be subject to termination of the
service by CENIC.
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(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.
(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: 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 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 Library provided herein shall not be
exclusive and are in addition to any other rights and remedies provided by law.
S. Indemnification. Library shall indemnify Califa, its trustees, officers, agents and employees
harmless from and against any and all liability, loss, expenses (including reasonable attorneys'
fees), or claims for injury or damages arising out of the performance of this Agreement, but only in
proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or
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damages are caused by or result from the negligent or intentional acts or omissions of Library its
officers, agents, or employees.
Califa shall indemnify Library, its trustees, officers, agents and employees harmless from and
against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for
injury or damages arising out of the performance of this Agreement, but only in proportion to and to
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 Califa, its officers, agents, or
employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized representatives.
For Library � FZali
Signature Signature
AV`/1 �� W' Paula MacKinnon
Name {� Name
CITY1 V lA( ( f�, Executive Director
Title Title
3/23/20
Date Date
APPROVED AS TO FORM ST:
bdy Clerk
C ATT NEY
APPROVED SYCf1YCOMM
^I
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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 Califs 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.
Library understands that CENIC will bill Califa, and Califa will bill Library, 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 Califs and from Califa 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 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 NRC)
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 carrier.
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Quote For Palm Springs
CENIC
Customer: Palm Springs Public Library
Budget Summary Description: 1 Gbps
Line Item NRC MRC ARC
Non-Recurring Cost Monthly Recurring Cost Annual Recurring
Cost
1 Equipment $0.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $0.00
3 Installation $0.00 $0.00 $0.00
4 Circuit $0.00 $1,550.00 -
Total $0.00 $1,550.00 $0.00
Annual Cost $18,600.00
E-rated Annual Costt $930.00
Total for Year 1 $18,600.00
E-rated Total for Year 1t $930.00
'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/Califs
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
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Palm Springs Carrier Costs
'Pricing does not Include applicable tans,surcharges, E-rate discount percent discount indicated is an 05timalo based on data available at the time
CENIC and fees.Those costs may vary and will be included in the quote was generated.Actual discount percentage will be identified by the E-rato
Invoices at CENIC's actual cost. authorities at a later instant
LOC Ae• I Carrier Info E-rate Discount Total Discounted MRC Total Discounted NRC
Service Requested Est Contract End Non Recurring MRCfor5 year
Site Name Site Name Provider Bandwidth I Date Cost term Discounted NRC Discounted MRC $77.50 $0.00
Palm Springs Public Library CENICHubsite spectrum I I.Gbps 1 711120251 $ - $ 775.00 $0.00 $36.75
Palm Springs Public Library-
Welwood Murray Memorial Palm Springs Public Library Spectrum IGbps VV2025 $ - $ 775.00 $0.00 $38.75
Libra
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