EDU20240099_OARnet_Updated..pdf

Contract Number: EDU20240099

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

AGREEMENT FOR SERVICES

This Agreement for Services (hereinafter “Agreement”) is made and entered by and between the State of Ohio, Ohio Department of Education and Workforce (hereinafter “DEW”), located at 25. S. Front Street, Columbus, Ohio 43215, and the Ohio State University, as fiscal agent for Ohio Academic Resources Network

(hereinafter “Contractor” or “OARnet”), located at 1224 Kinnear Road, Columbus, Ohio 43212. DEW and

OARnet are referred to herein collectively as the “parties” or each, individually, as a “party.” In consideration of the mutual promises and obligations contained herein, the parties agree by and between themselves as follows:

I. NATURE OF AGREEMENT

A. Contractor shall be engaged as an independent contractor to fulfill the terms of this Agreement and to act as a contractor to DEW. It is specifically understood that the nature of the services to be rendered under this Agreement are of such a personal nature that DEW is the sole judge of the adequacy of such services.

B. DEW enters into this Agreement in reliance upon Contractor’s representations that it has the necessary expertise and experience to perform its obligations hereunder, and Contractor warrants that it does possess the necessary expertise and experience.

C. Contractor shall perform the services to be rendered under this Agreement and DEW shall not hire, supervise, or pay any assistants to Contractor in its performance of services under this Agreement. DEW shall not be required to provide any training to Contractor to enable it to perform services required hereunder.

II. SCOPE OF WORK

A. Contractor shall perform the services (the “Work”) set forth in the attached Appendix A, Scope of Work, which is incorporated as part of this Agreement.

B. In order to facilitate the Work, if specified, DEW shall provide the resources set forth in Appendix A, Scope of Work.

III. TIME OF PERFORMANCE

A. The Work shall be commenced on or after the date of an approved purchase order.

B. This Agreement shall be binding upon both parties until June 30, 2025, unless this Agreement is terminated earlier as provided in Article VI, Suspension or Termination of Contractor’s Services.

C. It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party if award of this Agreement would be contrary to the terms of Ohio Revised Code (“R.C.”)

§§ 3517.13, 127.16, or R.C. Chapter 102.

IV. COMPENSATION

A. DEW shall pay Contractor no more than $1,776,838 for the Work.

B. The total amount due and its manner and schedule of payment shall be computed according to the cost schedule established in Appendix A, Scope of Work.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

C. Contractor shall not be reimbursed for travel, lodging, or any other expenses incurred in the performance of the Work.

D. Contractor must receive a purchase order from DEW prior to filling an order or performing any of the

Work.

E. Payment shall be made upon the submission of an invoice approved by DEW. Invoices shall include an itemization of services, including the date services were rendered, number of hours worked, the rate per hour, and the total amount due. Contractor is expected to complete any deliverable within the requested fiscal year as stated in “Appendix A.” The final invoice under this Agreement will be submitted by the

Contractor to DEW no later than forty-five (45) days after the Agreement’s expiration date. Contractor shall submit all invoices via email to the following email address:

Fiscal.management@education.ohio.gov.

F. Contractor is required to provide electronic funds transfer (EFT) payment information and maintain such an account for all associated payments. Contractor may sign up at http://www.supplier.obm.ohio.gov/

G. DEW may use the Ohio Payment Card to pay for services that do not exceed Five Thousand and 00/100

Dollars ($5,000.00) per invoice, unless the Office of Budget and Management approves a higher limit.

Contractor may process a payment in the payment card network only upon delivery and acceptance of the supplies or services ordered. For partial deliveries or performance, Contractor may only process a payment for the amount delivered or completed. Upon completion of the delivery of remaining supplies or services, Contractor may process a payment request in the payment card network for the remainder of the order.

Contractor will receive payment through its merchant bank within the time frame agreed upon between

Contractor and its merchant bank. Contractor should expect normal processing fees from its merchant bank for payment card transactions which may not be passed on to DEW.

H. OhioBuys. This Agreement will become part of OhioBuys (per State of Ohio Procurement Policy), an electronic procurement system which provides contract and catalog hosting and management services.

Ordering Agencies utilize this system to track and monitor the procurement, solicitation, and contracting of goods and services. When this Contract becomes part of OhioBuys, the Contractor agrees to establish, maintain, and support its Supplier account and notify DEW when such updates have been made.

V. APPROPRIATION OF FUNDS

A. It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised

Code, including, but not limited to, R.C. § 126.07, have been met, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling

Board of the State of Ohio, or in the event that grant funds are used, until such time that DEW gives

Contractor written notice that such funds have been made available to DEW by DEW’s funding source.

VI. SUSPENSION OR TERMINATION OF CONTRACTOR’S SERVICES

A. DEW may, at any time prior to completion of the Work, suspend or terminate this Agreement with or without cause by giving written notice to Contractor.

mailto:Fiscal.management@education.ohio.gov http://www.supplier.obm.ohio.gov/

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

B. In the event that the Work includes divisible services, DEW may, at any time prior to completion of the

Work, by giving written notice to Contractor, suspend or terminate any one or more such portions of the

Work.

C. Contractor, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this Agreement, suspend or terminate all subcontracts relating to the suspended or terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and, if requested by DEW, furnish a report, as of the date Contractor receives notice of suspension or termination, describing the status of all Work, including, without limitation, results, conclusions resulting therefrom, and any other matters DEW requires.

D. Contractor shall be paid for services rendered up to the date Contractor receives notice of suspension or termination, less any payments previously made, provided Contractor has supported such payments with detailed factual data containing Work performed and hours worked. In the event of suspension or termination, any payments made by DEW for which Contractor has not rendered services shall be refunded.

E. In the event this Agreement is terminated prior to completion of the Work, Contractor shall deliver to DEW all work products and documents which have been prepared by Contractor in the course of performing the

Work. All such materials shall become and remain the property of DEW, to be used in such manner and for such purpose as DEW may choose.

F. Contractor agrees to waive any right to, and shall make no claim for, additional compensation against DEW by reason of any suspension or termination.

VII. RELATIONSHIP OF PARTIES

A. It is expressly understood that Contractor and DEW are contractors independent of one another, and that neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other.

B. It is further understood that neither Contractor nor its employees or agents are “employees” of DEW as the term is used in division (F) of section 124.01 of the Ohio Revised Code and, therefore, are not eligible for vacation, medical insurance, sick leave, parental leave, leave of absence, tenure, bumping rights, retirement, or any other benefits or rights, which are incidents of public employment subject to the civil service laws of Ohio. Moreover, Contractor is responsible for compliance with any labor laws and contracts as it pertains to any union employees under its employment.

C. Contractor shall be responsible for all of its own business expenses, including, but not limited to, computers, email and internet access, software, phone service, and office space. Contractor will also be responsible for all licenses, permits, employees’ wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers’

Compensation and Unemployment Compensation coverage, if any.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

VIII. RECORD MAINTENANCE AND ACCESS

A. During performance of this Agreement and for a period of three (3) years after its completion, Contractor shall maintain auditable records of all charges pertaining to this Agreement and shall make such records available to DEW as DEW may reasonably require.

B. Contractor shall, for the purpose of compliance with R.C. § 145.036, provide DEW with a list of all individuals who will provide personal services under this Agreement, but only if Contractor has no more than four employees.

C. Inspection and Copying. At any time during normal business hours and upon not less than twenty-four (24) hours prior written notice, Contractor shall make available to DEW, its agents or other appropriate State agencies or officials all books and records regarding this Agreement which are in the possession or control of Contractor, including, but not limited to, financial reports, and all other information pertaining to

Contractor’s performance of its obligations under this Agreement. DEW, its agents and other appropriate

State agencies and officials may review, audit, and make copies of such books and records. Any such inspection of books and records will be undertaken in such a manner as not to interfere unreasonably with

Contractor’s normal business operations.

D. Document Accessibility. If contractor creates documents that will be posted to external or internet websites, Contractor must comply with Section 508 of the Rehabilitation Act, 29 USC 794(d)

(http://criterion508.com/WebAccessibility), which gives disabled employees and members of the public access to information that is comparable to access available to others.

IX. RELATED AGREEMENTS

A. All Work is to be performed by Contractor, who may subcontract without DEW’s written approval for the purchase of articles, supplies, components, or special mechanical services that do not involve the type of work or services described in Appendix A, Scope of Work, but which are required for satisfactory completion of the Work.

1. Contractor shall not enter into subcontracts related to the Work without prior written approval by

DEW. All subcontracted work shall be at Contractor’s expense.

2. Contractor shall furnish to DEW a list of all subcontractors, their addresses, tax identification numbers, and the dollar amount of each subcontract.

B. Contractor shall bind its subcontractors to the terms of this Agreement, so far as applicable to the work of the subcontractor and shall not agree to any provision which seeks to bind DEW to terms inconsistent with, or at variance from, this Agreement.

X. RIGHTS IN DATA AND COPYRIGHTS/PUBLIC USE

A. DEW shall have unrestricted authority to reproduce, distribute, and use (in whole or in part) any reports, data, or materials prepared by Contractor pursuant to this Agreement. No such documents or other materials produced (in whole or in part) with funds provided to Contractor by DEW shall be subject to copyright by http://criterion508.com/WebAccessibility)

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

Contractor in the United States or any other country. If Contractor has reason to believe that use of a specified item is subject to patent or copyright protection, Contractor shall immediately notify DEW.

B. Contractor agrees that all original works created under this Agreement shall be made freely available to the general public to the extent permitted or required by law until and unless specified otherwise by DEW.

Any requests for distribution received by Contractor shall be promptly referred to DEW.

XI. CONFIDENTIALITY AND FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

A. Contractor shall comply with all applicable provisions of Ohio and federal laws including the Family

Educational Rights and Privacy Act (hereinafter “FERPA”) or its state equivalent. FERPA includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title

34 of the Code of Federal Regulations. Nothing in this Agreement shall be construed to allow either party to maintain, use, disclose, or share student information in a manner not allowed by either state or federal laws or regulations.

B. As used herein, “confidential information” means any and all information provided in any form from one party to the other which is, by its nature, information that a prudent businessperson would maintain as confidential. “Personal information,” as described in 1347.01(E) of the Ohio Revised Code, includes personally identifiable student information or educational records defined by FERPA.

C. Each party shall use confidential information only in connection with completing the terms of this

Agreement as set forth herein. Each party agrees to use reasonable efforts to safeguard confidential information. “Reasonable efforts” means efforts not less than those a party employs to protect its own confidential information and, in any event, efforts not less than those a prudent businessperson would take to protect his or her own confidential and proprietary information. No party shall, without the prior written approval of the other party, directly or indirectly, disclose confidential information to any person or business entity except its own employees and representatives, including attorneys, accountants, and financial advisors, on a need-to-know basis.

D. If Contractor experiences any breach of data security that exposes confidential information, that party shall bear all costs to notify every individual whose confidential information may have been compromised.

E. The Contractor agrees not to use advertising, news releases, sales promotions, or other publicity matters relating to any product or service furnished by the Contractor wherein DEW’s name is mentioned, or language used from which a connection with DEW may be reasonably inferred, without the prior written consent of DEW.

F. Any obligations under this Agreement regarding confidentiality are subject to applicable law, including the

Ohio Public Records Act set forth in R.C. Chapter 149. The disclosure of records by DEW pursuant to the

Ohio Public Records Act shall not be a breach of this Agreement and shall not constitute a waiver of

Contractor’s obligations under this Article XI as to any records disclosed pursuant to a request for public records.

XII. LIABILITY

A. Each party to this Agreement agrees that it will be responsible for its own acts and omissions and the results thereof; and, shall not be responsible for the acts and omissions of the other party and the results thereof.

Each party agrees that it will assume all risk and liability to itself, its agents, subcontractors, or its employees

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025) for any injury to persons or property resulting in any manner from conduct of its own operations and the operations of its agents or employees under this Agreement.

B. Contractor shall notify DEW immediately upon commencement of any actions brought against Contractor whose outcome may affect the rights of DEW granted under this Agreement. DEW shall have the right at its own expense to appear in and defend such actions.

XIII. ANTITRUST ASSIGNMENT

A. Contractor assigns to DEW all state and federal antitrust claims and causes of action that relate to all goods and services provided for in this Agreement.

XIV. CONTRACTOR’S STATUTORY OBLIGATIONS

A. COMPLIANCE WITH LAWS. Contractor, in the execution of its duties and obligations under this

Agreement, agrees to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.

B. DRUG-FREE WORKPLACE. Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on State property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

C. NONDISCRIMINATION OF EMPLOYMENT. Pursuant to R.C. § 125.111, Contractor agrees that

Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor, shall not discriminate, by reason of race, color, religion, sex, sexual orientation, age, disability, military status as defined in R.C. § 4112.01, national origin, or ancestry against any citizen of this state in the employment of any person qualified and available to perform the Work. Contractor further agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of the Work on account of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry.

D. USE OF MBE AND EDGE VENDORS. Revised Code § 125.081 requires state agencies to set aside purchases for Minority Business Enterprises (“MBE”) and Executive Order 2008-13S encourages use of

Encouraging Diversity, Growth and Equity (“EDGE”) businesses. DEW encourages Contractor to purchase goods and services from Ohio-certified MBE and EDGE vendors.

E. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges and agrees neither Contractor nor any of its individual employees providing personal services under this Agreement are public employees for the purposes of R.C. Chapter 145. DEW will not make contributions to the public employees’ retirement system on behalf of any individuals employed by Contractor, or its subcontractors or other agents. Contractor certifies that it is an employer with five or more employees as defined as a

“business entity” in R.C. § 145.037(A) for the purposes of the application of R.C. Chapter 145, or that it has completed the necessary forms through OhioBuys if Contractor is an employer with no more than four

(4) employees.

XV. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

A. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section

125.111 of the Ohio Revised Code and all related Executive Orders. Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the State of Ohio.

B. CONFLICTS OF INTEREST/ETHICS. Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and

Sections 2921.42 and 2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

C. QUALIFICATIONS TO DO BUSINESS. Contractor affirms that it has all of the approvals, licenses, or other qualifications needed to conduct business in Ohio and that all are current. If Contractor becomes disqualified from conducting business in the state of Ohio for any reason at any time during the term of this

Agreement, Contractor will immediately notify DEW in writing and will immediately cease performance of the Work.

D. CAMPAIGN CONTRIBUTIONS. Contractor hereby certifies that neither it, nor any person described in

R.C. § 3517.13 (I) or (J), nor the spouse of any such person, has made, as an individual, within the two previous calendar years, one or more contributions to the governor or the governor’s campaign committees totaling in excess of the limitations specified in R.C. § 3517.13.

E. FINDINGS FOR RECOVERY. Contractor warrants that it is not subject to an “unresolved” finding for recovery under R.C. § 9.24. If the warranty is false on the date the parties signed this Agreement, the

Agreement is void ab initio, and the Contractor shall immediately repay any funds paid under this

Agreement.

F. DEBARMENT. Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

G. EXPENDITURES OF PUBLIC FUNDS ON OFFSHORE SERVICES. Contractor affirms to have read and understands Executive Order 2019-12D issued by Ohio Governor Mike DeWine. Contractor shall perform no services required under this Agreement or locate State data in any way outside of the United States.

Contractor also affirms to have read and understands Executive Order 2022-02D issued by Ohio Governor

Mike DeWine. Contractor has signed and completed the Standard Affirmation and Disclosure Form and shall perform no services in Russia, locate State data in Russia in any way, or purchase from or invest in

Russian institutions or companies.

H. BOYCOTTING. Pursuant to R.C. § 9.76, Contractor hereby declares that it is not boycotting any jurisdiction with whom the State of Ohio can participate in open trade, including the nation of Israel, and will not do so during the term of this Agreement.

I. MATERIALS AND EQUIPMENT. Contractor warrants to DEW that all materials and equipment furnished under this Agreement shall be new and of good quality unless otherwise required or permitted by

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025) the Agreement, that the Work shall be free from defects not inherent in the quality required or permitted, and that the Work shall conform to the requirements of the Agreement.

XVI. MISCELLANEOUS

A. CONTROLLING LAW. This Agreement and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the state of Ohio. Contractor consents to jurisdiction in a court of proper jurisdiction in Franklin County, Ohio.

B. WAIVER. The failure of either party at any time to demand strict performance by the other party of any of the terms of this Agreement will not be a waiver of those terms or to any other terms of this Contract.

Waivers must be in writing to be effective, and either party may at any later time demand strict performance.

C. SURVIVAL. All sections herein relating to payment, confidentiality, license and ownership, indemnification, maintenance, publicity, warranties and limitations on damages shall survive the termination of this Agreement. In addition, to the extent necessary to carry out the purpose of this

Agreement, all other terms, conditions, representations or warranties contained in this Agreement will survive the expiration or termination of this Agreement.

D. SUCCESSORS AND ASSIGNS. Neither this Agreement nor any rights, duties, or obligations hereunder may be assigned or transferred in whole or in part by Contractor, without the prior written consent of DEW.

E. NOTICES. For any notice under this Agreement to be effective, the notice must be in writing and: 1) hand delivered with delivery acknowledged in writing; 2) sent by U.S. Certified mail, return receipt requested, postage prepaid; 3) sent by overnight delivery service (Fed Ex, UPS, etc.) with receipt; or 4) sent by email.

F. CONFLICT. In the event of any conflict between the terms and provisions of the body of this Agreement and any exhibit hereto, the terms and provisions of the body of this Agreement shall control.

G. HEADINGS. The headings in this Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Agreement.

H. SEVERABILITY. If any provision of the Contract or the application of any provision is held by a court to be contrary to law, the remaining provisions of the Contract will remain in full force and effect.

I. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto. This Agreement supersedes any and all previous agreements, whether written or oral, between the parties.

J. AMENDMENTS OR MODIFICATIONS.

1. DEW reserves the right to right to reduce the Scope of Work set forth in Appendix A by providing written notice to the Contractor.

2. DEW may document non-material changes in writing and provide notice to the Contractor.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

3. Any other change to this Agreement will not be effective unless it is in writing and signed by both parties to the Agreement.

K. EXECUTION. This Agreement is not binding upon DEW unless executed in full and is effective as of the last date of signature by DEW.

L. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.

M. ELECTRONIC SIGNATURES. Any party hereto may deliver a copy of its counterpart signature page to this Agreement electronically pursuant to R.C. Chapter 1306. Each party hereto shall be entitled to rely upon an electronic signature of any other party delivered in such a manner as if such signature were an original.

N. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned or subcontracted by Contractor without the prior express written consent of DEW.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this Agreement on the date stated below that party's signature.

OHIO DEPARTMENT OF EDUCATION AND WORKFORCE,

By: Date:

Director

OARnet.

12/06/2023-

Pankaj Shah

Executive Director

THE OHIO STATE UNI VERSIT Y►

Michael Papadakis

SR. VP Business and Finance and CFO

Ag ree ment for Se rvices - Th e Ohio S tale Un ivers ity , O h io Acade mic Resources (O ARnel) (effec ti ve until Jun e, 30, 2025)

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

APPENDIX A: Scope of Work

The Ohio State University, as fiscal agent for Ohio Academic Resource Network (hereinafter “Contractor” or

“OARnet”) agrees to provide services for the Ohio Department of Education (“DEW”). In providing the services set forth below, OARnet and DEW agree to the following:

1.0 OARnet Responsibilities

1.1 OARnet will deliver redundant service from its Neilston POP using the necessary dense wave division multiplexing terminating equipment, to the DEW POP at the State of Ohio Computer Center, located at

1320 Arthur E. Adams Drive, Columbus, Ohio 43221. The operating speed, or bandwidth, of such route is one hundred (100) Gigabits per second (“Gbps”). All other Backbone routes are One hundred (100)

Gigabits per second.

1.2 OARnet will only be responsible for managing the core routing, switching and optical equipment, which supports the Backbone.

1.3 OARnet will maintain a twenty-four (24) hours x seven (7) days per week network operations center

(“NOC”) in order to support the Backbone in accordance with the “OARnet Trouble Reporting and

Escalation Process” set forth in Appendix B attached hereto.

1.4 OARnet will provide support for Tributary connections and respond to maintenance issues in a timeframe that is consistent with the underlying providers such as AT&T and TWC.

1.5 OARnet will provide Tributary management in a manner consistent with such management being provided to higher education institutions to ITCs and LUs consisting of OARnet actively monitoring the Tributary links between the POP and the ITCs and LUs, and in the event of a failure, or degradation of service, OARnet will report trouble to the carrier/vendor, and track such trouble to resolution. This level of management requires the installation of an OARnet switch at the site, which has been installed and funded through the OARnet Mid-Mile Initiative Grant from DEW. All services beyond the OARnet switch will be the responsibility of each of the ITC or LU site to maintain.

1.6 OARnet will notify ITCs and LUs of planned outages seven (7) days in advance, whenever possible.

1.7 OARnet will provide ITCs and LUs access to remote monitoring tools, where appropriate.

1.8 OARnet NOC staff will proactively monitor the health of the network using industry recognized network monitoring tools in an effort to reduce the likelihood of network outages.

1.9 OARnet will maintain service agreements with the Backbone fiber providers.

1.10 OARnet will maintain service agreements with all backbone equipment manufacturers, and/or will maintain adequate sparing of Backbone equipment components in an effort to minimize Backbone related outages.

1.11 OARnet will provide ITCs and LUs with the opportunity to connect to the OARnet POP through either direct fiber connections, leased circuits, or other connection as deemed appropriate by ITCs and LUs and that meet the technical requirements of OARnet. The preferred connection protocol is Gigabit Ethernet.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

1.12 OARnet will remain current with payments to the Backbone fiber providers to ensure DEW no interruption in service due to non-payment.

1.13 OARnet shall provide ITCs and LUs with reports concerning outages, or other usage statistics monthly and may provide reports more frequently, depending on the situation such as service outage.

1.14 OARnet will provide a Trouble Reporting and Escalation Process to ITCs and LUs, which includes an escalation list consisting of at least three tiers, names, titles, e-mail addresses, and cell phone numbers as set forth in Appendix B attached hereto.

1.15 OARnet will actively participate in ongoing engineering discussions with personnel of the ITCs and LUs as necessary to enhance or modify the OARnet network during the transition to the new merged network.

1.16 OARnet will provide a monthly invoice to DEW to receive payment for services.

2.0 DEW agrees to have the following responsibilities:

2.1 Absent explicit written consent from OARnet, DEW shall not resell, remarket, or share the services provided to DEW by OARnet pursuant to this agreement except to the ITCs and LUs.

3.0 Performance Measurements and Reporting

Each amendment to this Agreement shall specify a process for setting performance measurements relevant to the scope of that amendment, if applicable.

4.0 Progress Reports

OARnet and DEW shall meet at least bi-annually, at agreed to dates, to review the progress and activities undertaken. OARnet shall be responsible for calling the bi-annual meeting; either party to this agreement may call additional meetings as required.

5.0 FEES and Service Credits

5.1 OARnet shall provide quarterly invoicing to DEW based on the services provided and the budget detail set forth in Appendix D, which is attached hereto. Upon receipt of the invoice, DEW shall review it and notify OARnet of any issues or concerns within fifteen (15) days of receipt of the invoice.

5.2 DEW shall pay OARnet the amounts shown in the detailed budget in Appendix D for state fiscal years 24 and 25 for Backbone services and Tributary service. These services are in effect as of July 1, 2023.

6.0 Service Credits

In the event of a Network Outage attributed to OARnet, DEW must file a claim within the Filing Period and pursuant to the service credit process. DEW shall be entitled to receive a credit (“Network Outage

Credit”) against the amount invoiced for Backbone services provided during the month in which the

Network Outage occurred as follows:

Network Outage Credit to be applied Against Applicable Month’s Bill

Less than 10 minutes 0%

10 minutes or more 3.33% of the monthly bill

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

7.0 Service Credit Process

Filing Period: All claims under this policy must be submitted to OARnet by e-mail at support@oar.net within one (1) week of the event that caused the Network Outage.

Required Information: The claim must be filed by DEW's technical, administrative, or billing contact and should include as much information as is available regarding the service outage. Helpful information to send with the claim includes:

a) Organization name;

b) Administrative contact's name and contact information;

c) Date and beginning/end time of outage;

d) Source and destination IP addresses or Domain Name System (DNS) site names, and

e) Trace route from the source address to the destination address (must be run during the same time interval corresponding to the Network Outage claim).

OARnet will acknowledge all claims within (2) two business days and will review all claims within ten

(10) business days of receipt. DEW will be informed by e-mail whether the appropriate service credit claim will be granted or rejected. If rejected, the notification will specify the basis for rejection.

8.0 Service Level Goals

“Service Level Goal” is defined in terms of a “Network Outage”, which means an unplanned period of time during which: (i) DEW is unable to connect all other internet destinations from DEW's location, due to a problem or failure of the OARnet Network; (ii) DEW's sustained packet loss on the OARnet Network is greater than one-half percent (0.5%); (iii) DEW experiences average round-trip ping latency for 64-byte ping packets of greater than seventy five (75) milliseconds for traffic between OARnet and POPs in the contiguous United States; or (iv) average network availability falls below ninety nine and ninety nine hundredths percent (99.99%). Service disruptions occurring during planned outage intervals do not constitute a Network Outage. A list of all OARnet POPs is available upon request.

9.0 Definitions

9.1 For purposes of this Agreement, the “Backbone” (Layer 1) consists of diverse, long-haul fiber routes acquired by indefeasible right to use agreements and special fiber construction, running between Ohio’s major metropolitan areas and the associated networking equipment at each of the regional points of presence (“POP(s)”). These POPs will serve as aggregation points along the routes for connecting to

DEW constituents via Tributary (as defined below) links.

9.2 For purposes of this Agreement, the “Tributary(ies),” also known as last-mile links which may consist of

(i) dark fiber routes, (ii) managed fiber or (iii) leased services, which will be used to connect the end users to the network Backbone POPs for the purposes of routing traffic (data, video, and voice signals) to its appropriate destination. The primary transport protocol on the Tributaries is Ethernet (Layer 2).

9.3 For purposes of this Agreement, “Routing” (Layer 3) means two (2) basic activities: (i) determining optimal routing paths; and (ii) transporting information utilizing either the Internet or Intranet capabilities within the OARnet Network. Included in this service is the management of the routers and switches as well as the optical equipment required to support these activities.

mailto:support@oar.net

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

9.4 “DEW” provides leadership for effective and efficient information technology through the ITCs to the preK-12 learning community in Ohio.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

Appendix B: OARnet Trouble Reporting and Escalation Process

The OARnet Network Operation Center (the “NOC”) is available 24 hours x 7 days per week to help you with your service. The trouble reporting process outlined below describes how service issues are addressed when working with the NOC.

Preparing to report trouble The authorized technical or administrative contacts from your organization may contact OARnet to report a service issue. The authorized contact will be verified by OARnet before making any changes to your service.

Please collect as much information as possible about the service issue before contacting the NOC. Detailed information may not be available to you regarding the issue, but every bit of information you can provide will help the NOC find and resolve the problem as quickly as possible.

Some helpful information to collect before you contact the NOC includes:

a. Specific error messages received;

b. Date and beginning and end time of problem;

c. Source and destination IP addresses or DNS site names;

d. A trace route from the source address to the destination address demonstrating the problem;

e. Circuit identification number and provider, if you believe it is a circuit problem; and

f. Trouble ticket number, if you are contacting the NOC on a previously reported issue.

How to contact the Network Operation Center The NOC is staffed 24 hours x 7days per week and is always available to help you with your service and may be reached via phone or e-mail as noted below:

Phone: 800-627-6420 E-mail: Support@oar.net

How to track issues

Every call or e-mail to the NOC is logged in our Service Now Incident Request System. This system generates a tracking number, which will be given to you when a problem is reported, and provides a database for monitoring, communicating, and escalating issues within OARnet operations. Status of and for your reported incident can be obtained by checking with the NOC or requesting updates be provided by the NOC until the problem is resolved.

OARnet’s overall network status can be accessed through OARnet’s website under Service Desk under “Trouble Reporting and Status”.

How issues are escalated The technical, administrative, or billing contact(s) of record from your organization may request escalation of an issue within OARnet at any time. If an issue remains unresolved, it will be escalated from the current level to the next higher level within OARnet in the following manner until it is resolved. You may also request an escalation of your problem until you feel you are satisfied. Escalation requests can be made through the NOC and your issue will typically be escalated through the following levels.

Levels of Escalation:

a. NOC Agent - 800-627-6420

b. Director of Network - Aaron Wise – at 614-787-0437

c. Chief Technology Officer- Mark Fullmer at 614-562-7999 (cell)

d. Executive Director – Pankaj Shah at 614-354-9309 (cell) mailto:Support@oar.net

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

Post – mortem review of an outage System-wide outages and their resolutions will be posted on the OARnet website under Service Desk in the Network Maintenance and Outages Subsection. It is the responsibility of the OARnet’s Chief Technology Officer, Network Operations Manager and Network Routing Manager to provide the outage information.

Non-reported issues The NOC may notify your organization of service issues before you are aware a problem exists. The type and level of notification depends on the specific situation that is occurring. Some examples of such situation are:

a. Your circuit(s) or service goes down during “off-hours”. The NOC staff will notify at least one contact person of record for your organization via phone and/or e-mail. This type of circuit outage can often be resolved during overnight testing with the telecommunications service providers.

b. Excessive errors (CRC, Frame) are seen on a circuit, but the circuit is not “down”. The NOC staff will notify the appropriate contact person of record via phone and/or e-mail in order to arrange for circuit testing to resolve the problem.

c. Secondary DNS errors are showing up in our name server logs. The NOC staff will notify the appropriate contact person of record via e-mail and will include a copy of the error logs in the email. Testing with the NOC may be arranged if assistance in fixing the problem is required.

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

Appendix C: List of the Connections to be Supported

ITCs/LUs

ACCESS

Akron Public Schools

CONNECT East - Formerly NCC East - Formerly LNOCA

CONNECT West - Formerly NCC West - Formerly LEECA

Canton Public Schools

Cincinnati Public Schools

Cleveland Public Schools

Columbus Public Schools

Dayton Public Schools

HCCA

LACA

LGCA

META Athens - Formerly SEOVEC

META Columbus - Formerly MEC

META Dayton - Formerly MDECA

META Marion - Formerly TRECA

META Piketon - Formerly SCOCA

MVECA

NCOCC

NEOMIN

NEOnet

NOACSC

NOECA

NWOCA

OMERESA

SPARCC

SWOCA

TCCSA

Toledo Public Schools

WOCO

Appendix D: DEW Budget Detail

Agreement for Services – The Ohio State University, Ohio Academic Resources (OARnet) (effective until June, 30, 2025)

Network Service Budget ODE Layers 1, 2 and 3

Description FY24 FY25

Fiber Maintenance $ 83,485 $ 124,813

Collocation Fees $ 240,176 $ 359,073

Engineering $ 155,937 $ 233,133

Partner Programs $ 47,434 $ 70,915

Support Center $ 106,756 $ 159,605

Administration $ 78,360 $ 117,151

Total Cost $ 712,148 $ 1,064,690