ASSIGNMENT AND AMENDMENT TO AGREEMENT FOR
ADVANCED NETWORK (DATA) SERVICES
This Assignment and Amendment to Agreement for Advanced Network (DATA) Services (“Assignment and Amendment”), dated as of May 28, 2024 (the “Effective Date”), is made by and between by and between the City of Signal Hill (“City”) on behalf of the Signal Hill Public Library (“Library”), and Imperial County Office of Education (“ICOE”), collectively, the “Parties”, and individually, a “Party”.
RECITALS
WHEREAS, City and Columbia Telecommunications Corporation d/b/a CTC Technology and Energy (“CTC”) entered into that certain Agreement for Advanced Network (DATA) Services dated January 2, 2023 and attached hereto as Exhibit A (“Agreement”), in order to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, in performance of 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 (“Project”); and 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.
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.
WHEREAS, Pursuant to Section 1 of the Agreement, upon transition of the rights and responsibilities of the Statewide Broadband Aggregator from Assignor to ICOE under the California State Library Broadband Services Project, the Agreement remains in full force and effect and that ICOE, on behalf of the California State Library, will assume all rights and responsibilities of Assignor, and will perform the functions agreed to by Assignor as set forth in Agreement including all attachments, appendices and subsequent amendments.
WHEREAS, Assignor desires to assign and ICOE accepts Assignor’s rights, title, benefit, privileges, interest, liabilities and obligations under the Agreement relating to the Project and the provision of services to City and the City is willing to consent to such assignment, all on the terms set forth below.
WHEREAS, the Parties now desire to clarify the terms of the Agreement in order to memorialize the assignment of rights and obligations under the Agreement.
NOW, THEREFORE, the Parties do hereby agree as follows:
AGREEMENT
Defined Terms. Unless otherwise defined herein, capitalized terms shall have the meanings given to them in the Agreement. As used herein, prior references to CTC in the Agreement are hereby replaced with ICOE.
Assignment. ICOE hereby assumes the role of CTC and all rights, title, benefit, privileges, interest, liabilities and obligations in the Agreement, including all addenda and appendices related to the Project and the provision of services to City are assigned to ICOE.COE accepts the assignment, and City consents to the assignment.
Notices. From and after the Effective Date, all notices with respect to the Agreement shall be given and delivered to:
City:
City of Signal Hill
Signal Hill Public Library
Carlo Tomaino
City Manager
2175 Cherry Avenue
Signal Hill, CA 90755
ICOE:
Imperial County Office of Education
Luis Wong
1398 Sperber Road
El Centro, CA 92243
CEO, Network Initiatives
Remaining Provisions. Except as specifically set forth in this Assignment and Amendment, the remaining provisions of the Agreement continue in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Assignment and Amendment as of the day and year first above written.
City of Signal Hill
By: _______________________________
Name: _____________________________
Title:_______________________________
Imperial County Office of Education
By: _______________________________
Name: _____________________________
Title:_______________________________
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