Loading...
HomeMy WebLinkAboutColumbia Telecommunications Corporation dba CTC Technology and Energy - 2022-06-01 (2) AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COLUMBIA TELECOMMUNICATIONS CORPORATION dba CTC TECHNOLOGY AND ENERGY 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 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as"CTC"and the City of Huntington Beach, for Huntington Beach 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 Huntington Beach CTC Technology and Energy Attn: Chris Slama Heather D.Mills Director of Community& Vice President,Grant&Funding Strategies Library Services 10613 Concord Street 2000 Main Street Kensington,MD 20895 Huntington Beach,CA 92648 hmills a►,ctcnet.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, Ca1REN, 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: 1. Purpose 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 Provided Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network("CaIREN"). Services that CENIC will provide to 22-11323/283467 Page 1 of 7 Libraries will include use of CaIREN 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 41 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 meet 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 termination 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 and Termination of this Agreement (a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from June 1, 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 paying any 22-11323/283467 Page 2 of 7 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 #1 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/policies/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 CTC and CENIC. If Library does not elect to 22-11323/283467 Page 3 of 7 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 Ca1REN 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. 22-11323/283467 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. 8. 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives. 22-11323/283467 Page 5 of 7 COLUMBIA TELECOMMUNICATIONS CITY OF HUNTINGTON BEACH, a CORPORATION municipal corporation of the State of California By: kk.� �' INITIATED AND APPROVED: Joan a S. Hovis print name ITS: (circle one) ChainntVPresident ice Director of Community& Library Services President AND REVIEWED AND APPROVED: By: San i Yatvin City Manager print name (circle one) Secretary Chief Financial Officer/ sst. Secretary- Tr %wommmmmoAPPROVED AS TO FORM: City Attorney 22-11323/283467 Page 6 of 7 COLUMBIA TELECOMMUNICATIONS CITY OF HUNTINGTON BEACH, a CORPORATION municipal corporation of the State of California By: INITIATED ND APPROVED: print name ITS: (circle one) Chairman/President/Vice Director of Community& Library Services President AND E ED A APPROVEI?: By: Ci M nager print name \ ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROVED AS City Attorney Receive and File City Clerk 22-11323/283467 Page 6 of 7 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 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 GENIC, 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 the network service provider. 22-11323/283467 Page 7 of 7 COLUTEL-01 J TT AGGRO" CERTIFICATE OF LIABILITY INSURANCE DAT0/YYYYI `—�- sr14/2lar2oz2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in liou of such endorsements. PRODUCER C¢ ACT Jill Otto Hub International Mid Atlantic A1C"IJ,£xl: 301 424-7945 ac,No 1445 Research Boulevard, E- AI Suite 340, s,jill.otto@hubinternational.com Rockville,MD 20860 INSURER(Si AFFORDING COVERAGE NAIC R INSURERA:Continental Casualty Company 20443 INSURED INSURER B:American Casualty Co of Reading PA 20427 Columbia Telecommunications Corporation(CTC) INSURER c:Twin City Fire Insurance Company 29459 dba CTC Technology&Energy 10613 Concord Street INSURER D: Kensington,MD 20896 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY£XP IDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 CLAIMS-MADE FX]OCCUR 6074574663 1011/2021 1011/2022 DDAMAPRE MGETDRENTEo $ 1,000,000 MED EXP(Any one arson 10,000 PERSONAL&ADV INJURY 1,000'OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a j�T LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: APPROVED AS TO f ORM $ AUTOMOBILE LIABILITY COMBINED ISINGLE LIMIT S ANY AUTO BY: BODILY INJURY Per person) S AO TUTU OW UTSCHEDULED I4I L E.GA S H RED AUT OWNOS ED CITY ATTORNE BODILY INJURY Per accident $ A�1"OS ONLY AUTOS ONLY Pfge�aaident DAMAGE $ CITY OF HUNTINGTO SFAC H $ A X UMBRELLA LIAR M OCCUR EACH OCCURRENCE $ 7,000,000 ExcessLIAe CLAIMS-MADE 6074574677 10/1/2021 10/112022 AGGREGATE 7,000,000 OED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X STRT ORH AND EMPLOYERS'LIABILITY YIN N 7011593770 10/1/2021 10/1/2022 1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT S OFFICER" BER EXCLUDED? a NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS belmv E.L.DISEASE-POLICY LIMIT $ A Prof.lCyber Llab. 6074674663 101112021 101112022 Ea.Claim/Aggregate 6,000,000 C Third-Party Fidelity 42KBO332297-21 10/112021 1011/2022 $2,600 Ded, 260,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe allathed If mores ace Is required) When required by written contract,The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are listed as Additional Insured as respects General Liability for ongoing and completed operations per form SB146935D(6.16)Included and per the policy terms and conditions.When required by written contract,this General Liability coverage Is primary and non-contributory per form SB146935D(6.16)Included and per the policy terns and conditions.The ProfessionallCyber Liability has a retention Ilinit of$50,000 per the policy terms and conditions.When required by written contract,30 days written notice for cancellation except 10 days written notice for non-payment of premium to the Certificate Holder applies as respects General Liability,Workers Compensation,Umbrella Liability,and Professional/Cyber Liability per the policy terms and conditions.Umbrella Liability follows form and sits over the General Liability,Automobile Liability and Employers Liability per the policy terms and conditions. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Huntington Beach ACCORDANCE WITH THE POLICY PROVIS ONSCE WILL BE DELIVERED IN 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE + ACORO 26(2016103) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MMIDDIYYYY) ACoOR V CERTIFICATE OF LIABILITY INSURANCE 06/1 3/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,sub)ect to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Herman E.Wealcatch,Inc. PHONE xt: (410)653-3053 Arc No: (410)653-5116 37 Wa)kerAvenue ADDRESS: Suite 200 INSURER(S)AFFORDING COVERAGE NAIC N Pikesville MD 21208 INSURERA: State Auto Insurance 25135 INSURED INSURER B: Columbia Telecommunications Corporation INSURER C: dba CTC Technology&Energy INSURER D: 10613 Concord St INSURER E: Kensington MD 20895-2603 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2061611328 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICYNUMBER MMIDDNYYY MMID INSD WVD Dr(YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s CLAIMS-MADE DOCCUR PREMISES Ea acwrcence S MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ POLICY❑JECT- LOC. PRODUCTS-COMPIOPAGG S OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea aeddeM X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 10027820CA 0610912022 06/0912023 BODILY INJURY(par accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPER' Y DAMAGE S AUTOS ONLY AUTOS ONLY Per accident PIP-Basic S 2,500 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERSCOMPENSATION PER OTH- AND EMPLOYERS,LIABILITY YIN STATUTE ER_ ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB $ Auto Physical Damages Comp deductible 500 A 1002782DCA 06/09/2022 06/09/2023 Collision deductible 500 DESCRIPTION OF OPERATIONS!LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The City,its officers,elected or appointed officials,employees,agents and volunteers are Additional Insured for Auto Liability where required by written contract as respects services rendered by the Insured on their behalf. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 S ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:COLUTEL-01 JOTTO LOC#: 1 . ACORO* ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Hub International Mid Atlantic Columbia Telecommunications Corporation(CTC) dba CTC Technology J3,Energy POLICY NUMBER 10613 Concord n ord re 5 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFEC`nVEDATE:SEE PAGE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Llabllity Insurance Description of Operations[LocationsNehicles: A" i { I I i i I ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No.6074574563 CNA, s(Ed,6.16) BLANKET ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS -WITH PRODUCTS COMPLETED OPERATIONS COVERAGE AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured—includin Prl a • ncontrl utoprovision I. Liability Extension CgylLMs A. Bodily --Expanded Defin ion B. Broad Knowledge of Oc urrenc C. Estates L al Rep septatlysa and So2uses D. Personal and Advertising In u —Discrimination or Hum Illation E. Person I and A vertisin I u --Broaden d Eviction F. Waiver of atlon-Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. Who Is An Insured is amended to include as an additional Insured any person or organization whom you are required by"written contract"to add as an additional insured on the Businessowners Liability Coverage Form. B. The Insurance provided to the additional insured Is limited as follows: 1. The person or organization is an additional Insured only with respect to liability for"bodily Injury; "property damage,"or"personal and advertising Injury"caused in whole or in part by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf In the performance of your ongoing operations specified In the"written contract';or c. Your work" that is specified in the written contract but only for "bodily injury" or "property damage" Included in the products completed operations hazard,and only if: (i) The"written contract"requires you to provide the additional Insured such coverage;and (2) This Coverage Part provides such coverage. 2. Subject always to the terms and conditions of this policy,Including the Limits of Insurance,we will not provide such additional insured with: a. Coverage broader than required by the"written contract"; b. A higher limit of Insurance than required by the"written contract." C. The insurance provided to the additional insured does not apply to"bodily Injury,""property damage,"or"personal and advertising Injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering,or surveying services, Including: (1) The preparing approving, or falling to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;and (2) Supervisory, Inspection,architectural or engineering activities;or SB146935D(6-16) Page 1 of 4 Copyright,CNA All Rlbhts Reserved. SB146935D CNA (Ed.6-16) b. Any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this Policy. D. Notwithstanding anything to the contrary In the Other Insurance condition of the Businessowners Common Policy Conditions, this Insurance Is excess of all other Insurance available to the additional Insured, whether on a primary, excess, contingent or any other basis. But If required by the "written contract", this Insurance will be primary and non-contributory relative to Insurance on which the additional Insured is a Named Insured. E. Under Businessowners Liability Conditions,the Duties in the Event of Occurrence, Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured is amended as follows: An additional Insured under this endorsement will as soon as practicable: a, Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this Insurance,and of any claim or"suit"that does result; b. Tender the defense and Indemnity of any claim or"suit"to any other insurer or self Insurer whose policy or program applies to all loss we cover under this Policy; c, Except as provided in Paragraph B.3.of this endorsement,agree to make available any other Insurance the additional insured has for a loss we cover under this Policy;and d. Send us copies of all legal papers received,and otherwise cooperate with us in the Investigation,defense,or settlement of the claim or"suit," We have no duty to defend or Indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." F. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional Insured on this policy,provided the contract or agreement; a. Is currently in effect or becomes effective during the term of this policy;and b. Was executed prior to: (1) The"bodily Injury"or"property damage';or (2) The offense that caused the"personal and advertising Injury' for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES 5 It Is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement,then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily Injury"Is deleted and replaced with the following: Ego "Bodily Injury"means physical Injury, sickness or disease sustained by a person, Including death, humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical Injury,sickness or disease. son _ B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit Is amended to add the following: Paragraphs a. and b. apply to you or to any additional insured only when such"occurrence," offense, claim or ii "suit"Is known to: d SB146935D(6-16) Page 2 of 4 Copyright,CNA All Rights Reserved. SB146935D CNA (Ed.6-16) (1) You or any additional insured that Is an Individual; (2) Any partner,If you or an additional insured is a partnership; (3) Any manager,if you or an additional Insured Is a limited liability company; (4) Any"executive officer"or Insurance manager,if you or an additional insured Is a corporation; (6) Any trustee,If you or an additional insured Is a trust;or (6) Any elected or appointed official,If you or an additional insured is a political subdivision or public entity. This paragraph e.applies separately to you and any additional Insured. C. Estates,Legal Representative and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy;provided,however,coverage Is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and, In the case of a spouse, where such claim seeks damages from marital common property,jointly held property, or property transferred from such natural person Insured to such spouse, No coverage Is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions In the conduct of the Named Insured's business. D. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Deflnitions, the definition of "Personal and advertising Injury" Is amended to add the following: h. Discrimination or humiliation that results in Injury to the feelings or reputation of a natural person, but only If such discrimination or humiliation Is: (1) Not done intentionally by or at the direction of: (a) The Insured;or (b) Any"executive officer," director, stockholder, partner, member or manager(If you are a limited liability company)of the insured;and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (16)Dlscrimination Relating to Room,Dwelling or Promises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured, (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability Is excluded either by the provisions of the Policy or by endorsement, i SB146935D(6-16) Page 3 of 4 I Copyright,CNA All Rights deserved. i SB146935D c'NA (Ed. 6-16) E. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising Injury" Is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry Into, or Invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord orlessor. F. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: 1. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. I am i BB146935D(6.16) Page 4 of 4 Copydghl,CNA M Rights Reserved. I I