AMENDMENT 1 TO THE AGREEMENT BETWEEN
THE IMPERIAL COUNTY OFFICE OF EDUCATION
AND
CITY OF SAN MARINO
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES.
This amendment was entered into on July 1, 2024.
The purpose of this amendment is to add language regarding General Liability and Worker’s Compensation insurance minimums and to replace Appendix #1, “Provision, Installation, and Maintenance of Advanced Network (Data) Services: Reimbursement of Circuit Costs,” to the Agreement between the City of San Marino and the Imperial County Office of Education executed on June 17, 2024.
1. Insurance:
a. Each party shall obtain, pay for, and maintain in effect during the life of this Agreement a Commercial General Liability insurance policy that includes coverage for Premises Operations, Products/Completed Operations, Contractual, Independent Contractors, Broad Form Property Damage, and Personal Injury; with a minimum combined single limit of not less than $1,000,000 for Bodily Injury and Property Damage (each occurrence) and a $2,000,000 aggregate. b. Nothing in this Insurance section shall reduce a party’s liabilities or obligations under the Indemnification section of this Agreement.
c. The Parties acknowledge that ICOE is permissibly self-insured under California law.
d. Upon request, each Party shall provide proof of insurance to the other Party. e. The Library will be named as additional insured with respect to general liability.
Nothing in this Insurance section shall reduce a party’s liabilities or obligations under the Indemnification section of this Agreement.
f. Each party shall obtain, pay for, and maintain in effect during the life of this Agreement workers compensation coverage as required by California Law. This requirement may be met with a combination of insurance and/or self-insurance. A waiver of subrogation will apply to workers' compensation coverage.
2. Appendix #1A: Appendix #1, “Provision, Installation, and Maintenance of Advanced Network (Data) Services: Reimbursement of Circuit Costs,” is hereby replaced in entirety with the attached Appendix #1A effective July 1, 2024. The purpose of this revision is to renew the Crowell Library connection(s) to CalREN as detailed in Appendix #1A.
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 City of San Marino
Signature
Name
Title
Date
For ICOE
Signature
Name
Title
Date
APPENDIX #1A
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 Library for connecting CENIC’s fiber optic backbone to the 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 ICOE, and ICOE will bill the 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. Such credits will be passed from CENIC to ICOE and from ICOE 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 circuit costs will depend 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 the Library upon receipt of the invoice to CENIC from the network service provider.