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AG 14-105
2/2017 II RETURN TO: Thomas Fichtner [XI: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE A CONTRACT ❑ OTHER 5. PROJECT 6. NAME ADDRESS: E SIGNATURE 7. EXHIBITS OTHER 8. TERM: 9. TOTAL (IF REIMBURSABLE IS SALES RETAINAGE: O PURCHASING: 10. DOCUMENT ROJECT • 1. RECTOR ❑ RISK ❑LAW 11. COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ CREATE ❑ LAW ❑ SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: Information Technology STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: ASAP OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT(AG #): 14 -105 ❑ INTERLOCAL NAME: King County I -Net Extension OF CONTRACTOR: King County Office of Information Resource Management 405 5th Avenue, Seattle, WA 98104, 7th Floor TELEPHONE 206 -263 -7890 -MAIL: Darryl.Hunt@kingcounty.gov FAX: N/A NAME: Darryl Hunt TITLE I -Net Business Manager AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES LEI PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 1/1/2017 COMPLETION DATE: 1/31/2020 COMPENSATION$ $40,219 ($1,087 /month for 37 months) (INCLUDE EXPENSES AND SALES TAX, IF ANY) CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: D YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PLEASE CHARGE TO: 502 - 1100 -046: 512 -50 -519 (10 %), 518 -88 -519 (20 %), 518- 95-414 (50 %), 521 -10 -519 (20 %) /CONTRACT REVIEW INITIAL / DATE RE IEWED INITIAL / DATE APPROVED MANAGER Vat MANAGEMENT (IF APPLICABLE) `-geG *la- / APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: Vitil /7 COUNCIL APPROVAL DATE: '/'i /1'7 SIGNATURE ROUTING rr TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED DEPARTMENT (MAYOR OR DIRECTOR) °�/� CLERK ga 0 ; _. AG# AG' -{ 06- l COPY RETURNED DATE SENT: 01 2(2 17- 2/2017 Contract No. 02COFW13 Amendment No. 1 between King County, Washington and City of Federal Way for Institutional Network (I -Net) Services This Amendment Number One (1) ( "Amendment ") to the Institutional Network Services Agreement is between King County, Washington (hereinafter "County "), with its principal place of business at 401 5th Avenue, Suite 600, Seattle, WA and the City of Federal Way with its principal place of business at 33325 8th Ave S, Federal Way, WA (hereinafter "Customer"), collectively the "Parties ". WHEREAS, County and Customer desire to modify the underlying Agreement for the purpose of extending the contract until January 31, 2020 - NOW, THEREFORE, in consideration of the foregoing recital and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing as follows: 1. The contract term is hereby extended to January 31st, 2020. 2. DELETE "Attachment A — Site(s) Covered Thru 1/31/2017" in its entirety and REPLACE with the following "Attachment A — Site(s) Covered Thru 1/31 /2020, revised 1/25/2017 ". 3. DELETE "Attachment E - Key Persons" in its entirety and REPLACE with the following "Attachment E - Key Persons, revised 1/25/2017 ". 4. DELETE "Attachment G — Service Offerings Thru 1/31/2017" in its entirety and REPLACE with the following "Attachment G — Service Offerings Thru 1/31/2020, revised 1/25/2017". 5. DELETE "Attachment N — Data Center Services Rate Card" in its entirety and REPLACE with the following "Attachment N — Data Center Services Rate Card, revised 1/25/2017". 6. NO OTHER AMENDMENTS. Except as provided herein, the Agreement shall remain unchanged and in full force and effect. IN WITNESS, THEREOF, the Parties have executed this Amendment. KING COUNTY CITY OF FEDERAL WAY Print a e: Print Name: Jim Ferrell Signature' . t— Signature: ', r Title:. (,j el— .t.)5tile.,46 tAANA602 Title: Ma Alr Date: ,1 " � Z o On n Date: t 9/ City of Federal Way Page 1 of 7 Contract No. 02COFW13 Amendment No. 1 Contract No. 02COFW13 Amendment No. 1 between King County, Washington and City of Federal Way for Institutional Network (I -Net) Services This Amendment Number One (1) ( "Amendment ") to the Institutional Network Services Agreement is between King County, Washington (hereinafter "County "), with its principal place of business at 401 5th Avenue, Suite 600, Seattle, WA and the City of Federal Way with its principal place of business at 33325 8th Ave S, Federal Way, WA (hereinafter "Customer "), collectively the "Parties ". WHEREAS, County and Customer desire to modify the underlying Agreement for the purpose of extending the contract until January 31, 2020 NOW, THEREFORE, in consideration of the foregoing recital and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the foregoing as follows: 1. The contract term is hereby extended to January 31st, 2020. 2. DELETE "Attachment A — Site(s) Covered Thru 1/31/2017" in its entirety and REPLACE with the following "Attachment A — Site(s) Covered Thru 1/31/2020, revised 1/25/2017 ". 3. DELETE "Attachment E - Key Persons" in its entirety and REPLACE with the following "Attachment E - Key Persons, revised 1/25/2017 ". 4. DELETE "Attachment G — Service Offerings Thru 1/31/2017" in its entirety and REPLACE with the following "Attachment G — Service Offerings Thru 1/31/2020, revised 1/25/2017". 5. DELETE "Attachment N — Data Center Services Rate Card" in its entirety and REPLACE with the following "Attachment N — Data Center Services Rate Card, revised 1/25/2017". 6. NO OTHER AMENDMENTS. Except as provided herein, the Agreement shall remain unchanged and in full force and effect. IN WITNESS, THEREOF, the Parties have executed this Amendment. KING COUNTY CITY OF FEDERAL WAY Print Name: Print Name: Jim Ferrell Signature: 19,1400, Title: May Signature: Title: Date: Date: 5//7t, 7 City of Federal Way Page 1 of 7 Contract No. 02COFW13 Amendment No. 1 Attachment A — Sites(s) Covered Thru 1/31/2020, revised 1/25/2017 All Site and contact data will be maintained by I -Net Operations. Customer Shall report changes in contact personnel or location data to I -Net management. The Contracted Site Services & Monthly Fees table below identifies Service Type and Bandwidth (Svc Type & BW), Site ID (number), Site Name, Site Address, City, Site Contact, CPE Device, Hub, Demarcation Point, and monthly cost for each Site covered under this Contract. I -Net owns all CPE devices installed at Customer Sites. See Attachment G — Service Offerings for a description of service offerings. I -Net fiber is reserved for I -Net use only, to support delivery of I -Net services to the Sites specified below. Service Offering Summa 1. Internet Bandwidth (IB) 2. Transport Bandwidth (TB) 3. Support Services - Platinum, Gold, Silver, Bronze 4. T1 Connection (T1) 5. Additional Internet Bandwidth (AIB) 6. Additional Transport Bandwidth (ATB) 7. Additional IPV4 Addresses (AIP) 8. Professional Services: Network Engineering Service (NES) Solution Architecture (SA) Project Management Service (PMS) Support Surcharge (SS) 9. Data Center Services (See Attachment 0) Contracted Site Services & Monthly Fees .vc Type & BW IB 200 Site ID 2013 Site Name Federal Way City Hall Site Address 33325 8th Ave S City Federal Way Site Contact Tom Fichtner CPE Device L2ci- federalwav Hub Federal Way Demarcation Point Computer Room Monthly Fee $1,023.00 Gold Support 2013 Federal Way City Hall 33325 8th Ave S Federal Way $0 $0.00 AIP -1 Block 2013 Federal Way City Hall 33325 8th Ave S Federal Way $64.00 TOTAL Month y Fees: $1,087.00 Installation Costs (Non- Kecurrin:) ** *Provision Fees Per Site $1,900 Contract No. ** Additional Site Provisioning Cost(s) Site Visit Required Per Site $320 Additional Services — No Site Visit Required $ 150 per hour Per hour Total Non - Recurring Costs $0 City of Federal Way Page 2 of 7 Contract No. 02COFW13 Amendment No. 1 Attachment E - Key Persons, revised 1/25/2017 The Customer's Primary Contact and the Technical Contact listed below Shall have authority on behalf of the Customer to request and approve all of its network connections to other I -Net agencies or external agencies and to add, delete or modify services and Sites, including both cost and no -cost changes. The Primary and Technical Contacts are lead on all technology and troubleshooting issues regarding I -Net services. All change requests must be submitted using Appendix B - I -Net Connectivity Change Request Form by either the Primary Contact or the Technical Contact. No changes will be made to the Customer's service configuration without approval from the Primary Contact or the Technical Contact and King County. URL to Change Request Form: http: / /www.kingcounty.gov /inet The Customer's Finance Contact Shall be the primary contact for all invoicing and billing issues. The Customer's Contracts Contact Shall be the primary contact for all contractual issues and contract changes /amendments. The Customer's Site Access Contact Shall provide physical access for the County to the I -Net equipment at an individual Site. This contact is listed in Attachment A - Site(s) Covered. The Customer Shall provide updated information to the County I -Net Management contact via email within five (5) business days should this contact information change. Contact information updates do not require an amendment via change order. KING COUNTY CITY OF FEDERAL WAY I -Net Management Contact: Darryl Hunt, I -Net Business Development Manager 401 5th Avenue, Seattle, WA 98104, 7th Floor Phone: 206 - 263 -7890 E- mail: darryl.hunt!ii)kinccountv.gov Primary Contact: Thomas Fichtner, IT Manager 33325 8th Ave S Federal Way, WA 98003 Phone: 253 - 835 -2547 Email: Thomas .Fichtner @cityoffederalway.com I -Net Technical Contact: I -Net Operations Center 401 5th Avenue, Seattle, WA 98104, 7th Floor Phone: 206 - 263 -7000 Email: inetops, t),kingcountv.gov Technical Contact: Brian Pearson, IT Supervisor 33325 8th Ave S Federal Way, WA 98003 Phone: 253 - 835 -2552 Email: Brian.Pearsoni cityoffederalway.com Invoicing /Payments: Ana Ma -Lee, Business & Finance Officer 401 5th Avenue, Seattle, WA 98104, 6th Floor Phone: 206 - 263 -7925 E -mail: Ana.Ma- L,eer(4ingcountv.coy Finance Contact: Ryan Taylor, Accounting Technician II 33325 8t Ave S Federal Way, WA 98003 Phone: 253 - 835 -2525 Email: Ryan.Taylor @cityoffederalway.com Contracts /Amendments: Marilyn Pritchard, Sr. IT Contracts Specialist 401 5th Avenue, Seattle, WA 98104, 6th Floor Phone: 206 - 263 -7961 E -mail: Marilyn .Pritchard(u',kinccounty.gov Contracts Contact: Melissa Plemmons, Legal Assistant 33325 8th Ave S Federal Way, WA 98003 Phone: 253 - 835 -2562 Email: Melissa .Plemmons @cityoffederalway.com Data Center: Data Center Manager 3355 S. 120th Place, Tukwila, WA 98168 Phone: 206 - 477 -0490 Help Desk 33325 8th Ave S Federal Way, WA 98003 Phone: 253 - 835 -2555 Email: IT. HelpDesk(a�cityoffederalway.com City of Federal Way Page 3 of 7 Contract No. 02COFW13 Amendment No. 1 Attachment G - Service Offerings Thru 1/31/2020, revised 1/25/2017 The following is a list of current service offerings and their definitions. Consult Attachment K - I -Net Rate Card for pricing. Basic Services 1. Internet Bandwidth (IB): The Internet Bandwidth service provides a base Bandwidth of 40Mbps. Additional Bandwidth of up to 1Gbps can be purchased in increments of 10Mbps for an additional monthly fee. Bandwidth rate limits are applied. 2. Transport Bandwidth (TB): Transport Bandwidth is a point -to -point connection between two facilities and is subject to service availability. It provides service at a base Bandwidth of 100Mbps. Additional Bandwidth up to 10Gbps can be purchased in increments of 100Mbps or 1Gbps increments for an additional monthly fee. 3. Support Services In addition to the basic service above, the Customer Shall select a support package (Platinum, Gold, Silver or Bronze). Each package provides a different level of service and a separate rate, as described below: Support Svcs Platinum Gold Silver Bronze IPV4 Addresses 32 16 8 2 EVC (1 additional) Included Optional Optional n/a IGN Connection Included Included Included n/a QoS* (4 CoS) included included best effort best effort Technical Support 24X7, 365 24X7, 365 24X7, 365 8X5 Maintenance Included Included Included Included DNS Mgmt Included Included Included Included Descriptions • EVC: An Ethernet Virtual Connection (EVC) is defined by the Metro - Ethernet Forum (MEF) as an association between two or more user network interfaces that identifies a point -to -point or multipoint -to- multipoint path within the service provider network. An EVC is a conceptual service pipe within the service provider network. One EVC comes standard with Basic Service. • IGN Connection: The Inter - Governmental Network (IGN) is the common data network used to connect to state agencies, counties, and cities with known end points, managed gateways, and applications. The existing IGN is maintained by King County Network Services and is connected to the Washington State Department of Information Systems (DIS) state -wide IGN. I -Net provides network transport to gain access to this network. Municipalities, public health agencies, and law enforcement agencies are able to access applications and share data with other state and local government agencies within the I -Net network. Customers connecting to the IGN must adhere to security guidelines published by Washington State Consolidated Technology Services (CTS) that pertain to this network. This IGN service is bundled with the I -Net ISP service. • QoS: Quality of Service (QoS) is the ability to provide different levels of priority to different applications, users, or data flows, or to guarantee a certain level of performance to a data flow. • Technical Support - 8X5: Support is provided Monday through Friday during regular, daytime hours of 8 a.m. to 5 p.m., except on County Holidays. The targeted initial response time will be thirty (30) minutes. City of Federal Way Page 4 of 7 Contract No. 02COFW13 Amendment No. 1 Problem resolution begins no more than two (2) hours after the initial report. Work on problems will continue within these daytime hours, as needed. If work is required outside of daytime hours, work Shall be escalated by the Customer and with approval of I -Net management. • Technical Support - 24X7, 365: Support is provided 24 hours a day, 7 days a week, every day of the year. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Problem resolution work will continue until resolved. • DNS Registration and Hosting: I -Net provides domain registration services to its customers. Only the designated registrar may modify or delete information about domain names in a central registry database. Registration of a domain name establishes a set of Start of Authority (SOA) records in the DNS servers of the parent domain, indicating the IPV4 address (or domain name) of DNS servers that are authoritative for the domain. Additional Services 4. T1 Connection (T1): A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544 Mbps. This service is usually for multiple -site agencies that have legacy T1 line ports between their facilities used to serve voice applications such as PBXs. T1 line ports can also be provided that connect between two participating agencies. Fractional T1 service is also available where individual channels may be directed to different sites. The interface is an RJ -48X connector from the I -Net edge equipment. 5. Additional Internet Bandwidth (AIB): I -Net offers additional Internet bandwidth upon the Customer's request and County approval. Additional bandwidth of up to 1 Gbps can be purchased in increments of 10 or 100Mbps for an additional monthly fee. 6. Additional Transport Bandwidth (ATB): I -Net offers additional Transport Bandwidth upon Customer request and County approval. Additional bandwidth of up to 10Gbps can be purchased in increments of 100Mbps for an additional monthly fee. 7. Additional IPV4 Addresses Option (AIP): Customers have the option of purchasing additional blocks of non - portable IP addresses from King County's Class B address space 146.129.x.x. The blocks come in quantities of 16. The County cannot guarantee contiguous IPV4 addresses when additional addresses are purchased, unless agreed to in writing by the County. 8. Professional Services Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of the I -Net. The scope, duration and rates will vary as well as the skill sets of professionals involved. Here are some examples: a) Network Engineering Service (NES): This is work developing specialized network solutions to fit the Customer's needs related to I -Net services. Rates will vary depending upon the duration of the work, and may be invoiced on an hourly or per job basis. The typical rate for in -house staff is $80 /hr. Outside resources will normally demand a higher rate, up to $150 /hr or more. This service is subject to staff availability. b) Solution Architecture (SA): This architecture work is to aid in adapting and scaling applications to operate optimally in an I -Net enabled network environment. The hourly consultation shall be at a rate that reasonably captures the County's cost. This may entail using in -house staff. c) Project Management Service (PMS): City of Federal Way Page 5 of 7 Contract No. 02COFW13 Amendment No. 1 This service will provide overall management of work needed prior to installation of I -Net services. This service has traditionally focused on managing construction tasks necessary to deliver fiber optic media. Other related project management tasks may be considered. Charges for the service will be a fixed percentage of the estimated total project cost. d) Support Surcharge (SS): This is a fee charged when a trouble call results in the dispatch of support staff to a Customer site and the cause of trouble is found to be the responsibility of the Customer. The Customer Shall be charged at the rate specified in Attachment A — Sites Covered, no less than two (2) hour minimum. Engineers will work with the Customer's Technical Contact to design the service and provisioning for the Customer's Site(s). Typically, the device installed at a Site will be a CPE providing one or more 100/1000 Mbps Ethernet connections. All installed equipment remains the sole property of the I -Net. I-Net provides initial configuration and installation of its equipment and service, including customization of services. All I -Net installed equipment whether at a Customer's Site or not, remains the sole property of the I -Net. I -Net will only provide transport from suburban cities to KC /IGN and will not be involved with application incidents and issues. If a network engineer is dispatched to solve an incident and the incident is determined to be that of the Customer, a service call charge will be invoiced. City of Federal Way Page 6 of 7 Contract No. 02COFW13 Amendment No. 1 Attachment N — Data Center Services Rate Card, revised 1/25/2017 Whole Cabinet * Half Cabinet * Co- Location $898 $498 Level 1 Monthly Remote Hands $1 $1 Pricing TOTAL $899 $499 * For 1U cabinet pricing, contact the Data Center Manager at 206 - 263 -8058. * Half Cabinet Oe- Location $898 $498 Level 2 Monthly Smart Hands $ -1-0-1- $0-1 - TOTAL $999 $699 * For 1U cabinet pricing, contact the Data Center Manager at 206 - 263 -8058. Co- location: - Segregated, secure state -of- the -art cabinets: locked, redundant power capable, hot/cold aisle contained within cabinet. - CIJS- compliant physical security: multiple layers of physical security, including two layers of "2 Factor" access security, 7x24 security presence, 7x24 King County staff presence, video surveillance cameras. - Segregated, secure network connectivity Remote Hands: Visual verification to assist remote troubleshooting efforts Racking and stacking equipment Swapping removable media (tapes, CDs, DVDs, etc.) Handling off -site storage requirements Labeling equipment or taking digital photos Interface card removal n- stallation and configuration Inventory of equipment e• eee Moving equipment within your space and cabinets Managed Systems Service Standard Virtual Environment — pricing varies Cloud Partnerships (future) Managed Systems Services: - Segregation: physical separation of systems in secured cabinets; physical separation of networks. Staffing Options: 7x24 staff environment - Security: CJIS & HIPAA compliant, physical security model City of Federal Way Page 7 of 7 Contract No. 02COFW13 Amendment No. 1 COUNCIL MEETING DATE: April 4, 2017 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EXTENSION OF CONTRACT WITH KING COUNTY INSTITUTIONAL NETWORK (I -NET) SERVICES POLICY QUESTION: Should Council approve the extension of the contract with King County for providing Institutional Network (I -Net) services? COMMITTEE: FEDRAC MEETING DATE: March 28, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner, IT Manager DEPT: Information Technology Attachments: Summary/Background; Amendment No. 1 to Previous Agreement 14 -105; Previous Agreement AG #14 -105 Budget: Funding for this service comes from the Council approved Information Technology operations budget. Options Considered: 1. Approve the Mayor's recommendation and forward to Council Consent Agenda on April 4, 2017. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends approving the extension of the contract with King County for I -Net services. r( / MAYOR APPROVAL //"J DIRECTOR APPROVAL: / l / I/I 1 mitt ' Coi ci Initia Date Initial /Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 4, 2017 consent agenda for approval. • • Committee Chair Committee ember Committee Member PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 1 to Agreement# 14 -105, effective January 1, 2017 through January 31, 2020 with a total compensation of $40,219, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTIO_�y_ ❑ APPROVE 04 [0 4 I I 1 ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Summary/Background: King County is the current provider of Internet services to the City. These services include up to 100Mbps of bandwidth for Internet access, 64 external IPv4 addresses, secure DNS services for the City's domain names, and connectivity to the IGN (Inter - Governmental Network), which is how Police and Municipal Court connect to the secure resources provided by Washington State. The cost for this service under the last contract is $994 per month. The new contract will be $1,087 per month, which is an additional $93 per month, and will be locked in for the 3 year term of this agreement from 1/1/2017 to 1/31/2020. The cause for the increase is the need for additional bandwidth. This amendment will increase the total bandwidth from 100Mbps (as indicated above) to 200Mbps. The need for the additional bandwidth is due to the increase in online services the City is required to provide and utilize to conduct business. King County is a unique provider with these services due to the large amount of public IP addresses offered to the City, connection to the State IGN, which other providers will not be able to provide, and connection to other County resources such as Valley Communications. The increased cost is still within the budgeted amount for Internet Services in the Information Technology 2017/2018 adopted budget. RETURN TO: Thomas Fichtner EXT2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: IT 2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: 2/13/2014 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): A INTERLOCAL • OTHER 5. PROJECT NAME: King County ! -Net 6. NAME OF CONTRACTOR: King County Office of Information Resource Management ADDRESS: 405 5th Avenue, Seattle, WA 98104, 7th Floor TELEPHONE 20 6-263 -7890 E -MAIL: Darryl.Hunt @kingcounty.gov FAX: N/A SIGNATURE NAME: Darryl Hunt TITLE I -Net Business Manager 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 1/1/2014 COMPLETION DATE: 12/31/2016 9. TOTAL COMPENSATION $ $35,784 ($994 /month for 36 months) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY O PURCHASING: PLEASE CHARGE TO: 502-1100-046:512-50-519 (10%),518-88-519 (25%),518-95-414 (40%),521-10-519 (25 %) 10. DO ENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED PROJECT MANAGER RECTOR Tf 2 -11 - El RISK MANAGEMENT (IF APPLICABLE) ❑ LAW pd 2• t2• ILA S-a 61_� 11. COUNCILAPPROVAL COMMITTEE APPROVAL DATE: �S COUNCIL APPROVAL DATE: -1 (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: �� DATE REC'D: 2� ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ATORY (MAYOR OR DIRECTOR) CITY CLERK • ASSIGNED AG# AG# " � n E) • SIGNED COPY RETURNED DATE SENT: l0 2S 1 COMMENTS: We will need to name King County on our insurance to attach to this document. Cyr ra Aft . -Fw rn a a i o►_. 8itnYka V n p d S `ybc LLc 1 P_d . TT 11/9 COUNCIL MEETING DATE: March 4, 2014 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RENEWAL OF THE CONTRACT WITH KING COUNTY FOR PROVIDING INSTITUTIONAL NETWORK (I -NET) SERVICES POLICY QUESTION: Should Council approve the renewal of the contract with King County for providing Institutional Network (I -Net) services? COMMITTEE: FEDRAC MEETING DATE: February 25, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner. IT Manaser DEPT: Information Technology Attachments: Contract between King County, Washington and City of Federal Way for Institutional Network Services Summary/Background: King County is the current provider of Internet services to the City, These services include up to 100Mbps of bandwidth for Internet access, 64 external IP addresses, secure DNS services for the City's domain names, and connectivity to the IGN (Inter - Governmental Network). The current cost for this service under the last contract is $1,035 per month. The new contract will be $994 per month, which is a savings of $41 per month, and will be locked in for the 3 year term of this agreement from 1/1/2014 to 12/31/2016. Budget: The funding for this service comes from the Council approved Information Technology operations budget. Options Considered: 1. Approve the Mayor's recommendation and forward to Council Consent Agenda on March 4, 2014. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends I -Net services. 1:�� MAYOR APPROVAL: CHIEF OF STAFF: //!,., _, l I.-1, � ��Y`v+ (^A the renewal of the contract with King County for DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 4, 2014 consent agenda for approval. Committee Chair PROPOSED COUNCIL MOTION: "I move approval of the renewal of the King County I -Net Agreement, effective January 2014 through December, 2016 with a total compensation of $35,784.00 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # Institutional Network Services �'- This Contract, number 02COFW13, is made this by and between King County, Washington, with its principal place of business at 401 9115A-venue, Suite 600, Seattle, WA (hereinafter "County ") and the City of Federal Way, with its principal place of business at 33325 81h Ave. S., Federal Way, WA (hereinafter "Customer"), collectively the "Parties ". L Preface This Contract includes these terms and conditions and Attachments A through O. ii. Recitals WHEREAS, the County operates and maintains the Institutional Network (hereinafter 1- Net"); and WHEREAS, the County offers I -Net services to municipal, county, school, library and other governmental, educational and non - profit agencies; and WHEREAS, the Customer wants to purchase [-Net services as defined below; and WHEREAS, the Customer agrees that it will use I -Net facilities and services solely for educational, public access television channel, County and government communication purposes, and not for any for - profit commercial purposes by itself or third parties; and WHEREAS, the purpose of this Contract is to establish the contractual, service and support responsibilities between the County and the Customer. NOW, THEREFORE, in consideration of the payments, covenants, and obligations contained herein, the Parties mutually agree as follows: iii. Entire Agreement This Contract contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract. No oral representations or other agreements have been made by the Parties. IN WITNESS, THEREOF, the Parties have executed this Contract. KING COUNTY CITY OF FEDERAL WAY Print Name: p �, (1 -t-►t� Print Name: Jim Ferrell Sign at e: A. Signatures �J Title: Mayor Date: 1 Date: , TABLE OF CONTENTS i. Preface ..................................................................................................................... ............................... 1 ii. Recitals .................................................................................................................... ............................... l iii. Entire Agreement ................................................................................................. ............................... l 1. Definitions .............................................................................................................. ............................... 3 2. Use of the I -Net ...................................................................................................... ............................... 3 3. Term of Contract .................................................................................................... ............................... 3 4. Notices ..................................................................................................................... ..............................3 5. Charges and Payment Procedures ........................................................................... ............................... 3 5.1 Invoiced Charges ............................................................................................. ............................... 3 5.2 Installation and Monthly Fees .......................................................................... ............................... 3 5.3 Invoicing and Payment .................................................................................... ............................... 4 5.4 New Site Costs ................................................................................................. ............................... 4 5.5 Services Activations and Changes ................................................................... ............................... 4 6. Reporting ................................................................................................................ ............................... 4 7. Subcontracting ........................................................................................................ ............................... 5 8. Insurance ................................................................................................................. ............................... 5 9. Indemnification ....................................................................................................... ............................... 5 9.1 Limitation of Liability ..................................................................................... ............................... 5 9.2 Risk of Loss ..................................................................................................... ............................... 5 9.3 Warranty Disclaimer by the County ................................................................ ............................... 6 9.4 Customer Warranties ....................................................................................... ............................... 6 9.5 Survival ............................................................................................................. ..............................6 10. Contract Change Orders ..................................................................................... ............................... 6 11. Force Majeure ..................................................................................................... ............................... 6 12. Severability .......................................................................................................... ..............................7 13. Nondiscrimination .............................................................................................. ............................... 7 14. Termination ........................................................................................................ ............................... 8 15. Applicable Law and Forum ................................................................................ ............................... 8 15.1 Dispute Resolution ........................................................................................... ............................... 8 15.2 Mediation .......................................................................................................... ..............................8 16. Services to Be Provided by I -Net ....................................................................... ............................... 8 16.1 Service Types ................................................................................................... ............................... 8 16.2 Redundant Front Door ( RFD) .......................................................................... ............................... 8 16.3 Demarcation Device ........................................................................................ ............................... 8 16.4 Network Infrastructure Upgrade and Migration .............................................. ............................... 9 17. Service Levels ..................................................................................................... ............................... 9 18. Services Not Currently Provided by I- Net .......................................................... ............................... 9 19. Service Requirements ......................................................................................... ............................... 9 20. Security ............................................................................................................... .............................10 21. Nonwaiver of Breach ........................................................................................ ............................... 10 22. No Third Party Agreement ............................................................................... ............................... 10 23. Taxes .................................................................................................................... .............................10 Attachment A - Sites(s) Covered Thru 01/31/2017 ...................................................... ............................... l l Attachment B - I -Net Connectivity Change Request Form .......................................... ............................... 12 Attachment C - Acceptable Use Policy ......................................................................... ............................... 13 AttachmentD - Definitions ........................................................................................... ............................... 15 AttachmentE - Key Persons .......................................................................................... ............................... 20 Attachment F - Termination .......................................................................................... ............................... 21 Attachment G - Service Offerings Thru 01/31/2017 ..................................................... ............................... 22 Attachment H - Service Levels ...................................................................................... ............................... 27 AttachmentI - IPV4 Addresses .................................................................................... ............................... 30 Attachment J - Evidence of Insurance Coverage .......................................................... ............................... 31 AttachmentK - I -Net Rate Card ................................................................................... ............................... 32 Attachment L - Customer Network Topology .............................................................. ............................... 33 Attachment M - Customer Access to I -Net SharePoint Site ......................................... ............................... 34 Attachment N - Data Center Services Rate Card .......................................................... ............................... 35 Attachment 0 - Colocation Agreement ......................................................................... ....:.......................... 36 1. Definitions Words and terms Shall be given their ordinary and usual meanings. Where used in the Contract documents, the words and terms contained in Attachment D - Definitions Shall have the meanings indicated therein. The meanings Shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. 2. Use of the I -Net The [-Net services provided under this Contract are for the exclusive use of the Customer at the authorized Sites. Use of I -Net services by organizations other than those listed in Attachment A - Site(s) Covered must be approved in advance in writing by the County. Allowing any other Site or agency to connect to or use I -Net services is a material breach of this Contract and may be cause to terminate service in whole or in part. Customers may use the I -Net solely for educational, public access television channel and County and government communication purposes and not for any for - profit commercial purposes. Contrary use could result in the County losing the right to use most of the fibers that make up the I -Net. Customer covenants that it will comply with this requirement, and will monitor and regulate the traffic content it transports on the network to ensure its compliance with this requirement. This requirement does not prevent the Customer from collecting fees from Users to pay the direct costs of providing non - commercial services, such as fees for video class instruction or charges to recover the cost of special use equipment. See also, Attachment C — Acceptable Use Policy. The Customer agrees that it Shall not resell any of the services provided under this Contract and Shall comply with Attachment C — Acceptable Use Policy. 3. Term of Contract This Contract is effective upon execution by both Parties for a term of three (3) years, subject to: (a) the terms and conditions of the County's franchise agreements with Comcast, WAVE, and any other franchisees and related I -Net lease agreements and obligations, as amended or renewed, and (b) the Parties termination rights under Attachment F. Thereafter, this Contract may be renewed upon execution of an amendment that may include a revised Attachment A, Attachment G, Attachment H, Attachment K and /or Attachment N for additional three (3) year terms. 4. Notices Any notice provided by one Party to the other Party under Attachment F — Termination Shall be in writing and sent by certified or registered mail, return receipt requested. All other notice Shall be in writing but may be provided by email. The effective date of a notice is the date on which one Party receives the notice from the other Party. If to the County, notice under Attachment F Shall be sent to the I -Net Business Manager as identified in Attachment E. If to the Customer, notice under Attachment F Shall be sent to the Primary contact as identified in Attachment E. For all other matters, notice shall be sent to the Key Person(s) as specified in Attachment E. 5. Charges and Payment Procedures 5.1 Invoiced Charges A service cost summary applicable to the Contract is provided in Attachment A — Sites(s) Covered. I -Net charges will begin on the Date of Activation. 5.2 Installation and Monthly Fees A table indicating Customer Sites, services and costs as provided by this Contract is shown in Attachment A — Sites(s) Covered. The County reserves the right to review and amend pricing at the end of each term of this Contract. City of Federal Way 3 of 36 CONTRACT NO. 02COFW13 5.3 Invoicing and Payment Charges will be invoiced monthly (12 invoice periods per year). Payment is due within thirty (30) Days of receipt of invoice. Thereafter, interest will be charged as allowable by law but in no event Shall be more than one (1) percent per Month on the balance due. 5.4 New Site Costs Additional Sites may be added during the term of this Contract upon execution of an amendment to this Contract which will include a revised Attachment A - Site(s) Covered. Upon request, the County will prepare a written estimate of the costs necessary to design, prepare, install and connect the new Site to the I -Net, and the service fees. To request an additional site, the Customer must complete Attachment B — I -Net Connectivity Change Request Form. 5.5 Services Activations and Changes Services will not be activated until the Customer completes and the County approves Attachment B —1 -Net Connectivity Change Request Form. 5.5.1 Service Changes A Service Change is defined as one that requires I -Net configuration changes, equipment moves or add -ons. Additional charges may occur based on Attachment K — I -Net Rate Card. All Service Change requests Shall be in writing from the Customer using Attachment B — I -Net Connectivity Change Request Form. A service ticket will be generated and evaluated to assess engineering issues and determine whether the Service Change is a no -cost change or an additional cost change. Additional cost changes must be approved in writing by the Customer and the cost will be added to the Customer's invoice in the next billing cycle. The County will typically implement the requested change in service within ten (10) Days after receiving an I -Net Connectivity Change Request Form. 5.5.2 Customer Network Architecture Changes The Customer Shall provide a minimum of sixty (60) Days' written notification for all requests for design or architecture changes to the Customer's network using Attachment B — I -Net Connectivity Change Request Form. The County will review the request and evaluate for compatibility with I -Net equipment and services. If the architecture change is complex in nature, the County may request additional time to perform its review. If an architecture change is made to the Customer's topology without consultation with the County, the County will have the right to request the topology revert to the original design, assess new fees based on the new topology, or the County may terminate service per Attachment F — Termination. 5.5.3 No -Cost Changes Bandwidth Services (Transport and Internet) include one no -cost Service Change per Site, per year as part of this Contract price. 6. Reporting The I -Net Network Operations Center will actively monitor the state of the network (e.g., alarms and errors, Bandwidth utilization, and availability). Reports on the Customer's service will be used as part of the annual Contract review. City of Federal Way 4 of 36 CONTRACT NO. 02COFW13 7. Subcontracting The County may subcontract for some or all of the services covered by this Contract. 8. Insurance During the term of the Contract both Parties Shall maintain Commercial General Liability Insurance with limits of not less than $1 million combined single limit per occurrence, $2 million aggregate. Such coverage shall include Stop Gap /Employers Liability coverage in the amount of $ 1,000,000. The above policies Shall cover or be endorsed to cover the other Party, its officers, officials, employees and agents as an additional insured to include but not be limited to ongoing operations and products - completed operations. If either Party is a municipal corporation or an agency of the state of Washington and is self- insured or a member of the Washington Cities Insurance Corporation for any of the above insurance requirements, a certificate of self- insurance or a letter of coverage Shall be attached hereto as Attachment J — Evidence of Insurance Coverage and be incorporated by reference and Shall constitute compliance with this section. By requiring such minimum insurance, neither Party Shall be deemed or construed to have assessed the risks that may be applicable to the other Party under this Contract. Each Party Shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader coverage. 9. Indemnification Each Party Shall protect, defend, indemnify, and save harmless the other Party, its officers, employees, and agents from and against any and all costs, claims, judgments, and /or awards of damages, for injuries to persons and /or damage to tangible property, arising out of or in any way resulting from each Party's own negligent acts or omissions associated with the I -Net services provided by the Contract to the extent each Party is liable for such acts or omissions.. Each party agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. In the event the indemnified Party incurs any costs including attorney fees to enforce the provisions of this paragraph, all such costs and fees Shall be recoverable from the indemnitor. 9.1 Limitation of Liability Limitation of Liability and Damages; Exclusion of Damages. Notwithstanding the above paragraph in Section 9, all liability, claims, loss or damage arising out of Customer's use of INET or any other goods or services provided under this Contract is at the sole risk of the Customer and its Users. IN NO EVENT WILL COUNTY BE LIABLE HEREUNDER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR ANTICIPATED ORDERS, OR DAMAGES FOR LOSS OF GOODWILL, LOSS of DATA, EVEN IF COUNTY WAS INFORMED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. County's sole liability for damages will be limited to direct damages in the amount of One Hundred Dollars ($100). 9.2 Risk of Loss Customer and Users Shall be responsible for loss of or damage to all equipment provided to the Customer under the terms of this Contract however caused. City of Federal Way 5 of 36 CONTRACT NO. 02COFW13 9.3 Warranty Disclaimer by the County EXCEPT AS PROVIDED IN ATTACHMENT H— SERVICE LEVELS, INET OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT IS PROVIDED BY COUNTY "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, SUPPORT, OR UPDATES OR REPRESENTATIONS WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY WARRANTIES OR REPRESENTATIONS MADE BY THE COUNTY IN ENTERING INTO THIS CONTRACT. ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED. STATUTORY, OR OTHERWISE REGARDING THE SERVICES OR GOODS, INCLUDING WITHOUT LIMITATION THE CONDITION, QUALITY, FUNCTIONALITY, PERFORMANCE OR FREEDOM FROM ERROR OF THE INET SERVICES OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING MERCHANTABILITY, NON - INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THE COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE I -NET SERVICE OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT WILL BE UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS, INCLUDING YOUR MATERIALS OR THE THIRD PARTY MATERIALS, WILL BE SECURE OR NOT OTHERWISE BE LOST OR DAMAGED. 9.4 Customer Warranties 9.4.1 Customer warrants and represents that Customer and Customer's User's (including any use by employees and personnel of Customer) use of the INET Service or any other goods or services provided under this Contract will be in compliance with all applicable laws, rules and regulations. 9.4.2 Customer warrants and represents that (a) it or Customer's licensors own all right, title, and interest in and to your materials; (b) Customer's materials (including the use, development, design, production of your materials) or the combination of Customer's materials with other applications, content or processes, do not and will not violate any applicable laws or infringe or misappropriate any third -party rights; and (c) Customer's use of the INET service or any other goods or services provided under this Contract will not cause harm to any other customers of the County's INET service or any other goods or services provided under this Contract by the County. 9.5 Survival The provisions of this section Shall survive the expiration or termination of this Contract with respect to any event occurring prior to expiration or termination. 10. Contract Change Orders Either Party may request changes to this Contract. Proposed changes which are mutually agreed upon Shall be incorporated by written amendment to this Contract. If any Contract Change Order causes an increase or decrease in the price (fees) for, or the time required for, performance of any part of the services under this Contract, the Parties Shall agree to an equitable adjustment in the Contract price, the delivery schedule, or both. The County Shall be responsible for preparing all County- required documents associated with modifying the Contract to include the agreed upon Contract Change Order. No written request, oral order, or conduct by the County will constitute a binding Contract Change Order unless confirmed in writing by the Parties. 11. Force Majeure The term "force majeure" means: (a) an event that is unforeseeable at the time of Contract execution, (b) that is not within a Party's reasonable control, and (c) that causes an inability to perform or comply, in whole or in part, with any obligation or condition of this Contract. Upon giving prompt notice and full particulars to the other Party, such obligation or condition Shall be suspended City of Federal Way 6 of 36 CONTRACT NO. 02COFW13 but only for the time and to the extent necessary to restore normal operations. So long as (a) -(c) are satisfied, a force majeure event may include, without limitation, acts of nature, acts of civil or military authorities, terrorism, fire, strikes and other industrial, civil or public disturbances, epidemic and quarantine. 12. Severability Whenever possible, each provision of this Contract will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof Will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of this Contract and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Contract, which will remain valid and binding. 13. Nondiscrimination 13.1 The Customer must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of services or employment under this Contract. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as amended, the American with Disabilities Act, and the Restoration Act of 1987, Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with Disabilities Act of 1990, as amended (ADA), Chapter 49.60 of the Revised Code of Washington, as amended, and Chapters 12.16 and 12.18 of the King County Code, as amended. If the Customer engages in unfair employment practices as defined in King County Code Chapter 12.18, as amended, the remedies set forth in that Chapter, as amended, Shall apply. 13.2 The Customer is specifically prohibited from discriminating or taking any retaliatory action against a person because of that person's exercise of any right s \he may have under federal, state, or local law, nor may the Customer require a person to waive such rights as a condition of receiving service. 13. 3 The Customer is specifically prohibited from denying access or levying different rates and charges on any individual or group because of the income of the residents of the local area in which such group resides. 13.4 To the extent the County may enforce such a requirement; the Customer is specifically prohibited from discriminating in its rates or charges or from granting undue preferences to any individual or group. 13. 5 During the performance of this Contract, neither the Customer nor any party subcontracting under the authority of this Contract Shall discriminate on the basis of age, ancestry, creed, color, marital status, national origin, race, religion, sex, sexual orientation, or presence of any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other benefit under this Contract. 13. 6 During the term of this Contract, the Customer Shall not create barriers to open and fair opportunities to participate in the use of these services and Shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. 13. 7 Any violation of the mandatory requirements of the provisions of this section Shall be a material breach of Contract for which the Customer may be subject to damages and sanctions provided for by Contract and by applicable law. City of Federal Way 7 of 36 CONTRACT NO. 02COFW13 14. Termination This Contract may be terminated only in accordance with the provisions of Attachment F — Termination. 15. Applicable Law and Forum This Contract Shall be governed by and construed according to the laws of the State of Washington. Any suit arising between the Parties Shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 15.1 Dispute Resolution 15.1.1. Disputes. In the event that a dispute arises between the Parties which cannot be resolved in the normal course, the following dispute resolution procedures Shall be followed as a condition precedent to litigation: 15.1.1.1 If a dispute arises, then (i) within ten (10) business days of a written request by either Party, County's I -Net Business Manager and Customer's Primary Contact Shall meet and resolve the issue; if these Parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue Shall be submitted to each Party's designated information technology manager; if these Parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue Shall be submitted for resolution to the King County Chief Information Officer and Customer's Chief Information Officer or equivalent. 15.2 Mediation If a dispute arises between the Parties that is not resolved through the procedure in Section 15.1, the Parties may, upon mutual agreement, seek to resolve the dispute by mediation or other agreed form of alternative dispute resolution. 16. Services to Be Provided by I -Net The specific services applicable to this Contract are listed in Attachment A — Site(s) Covered. The Parties Shall conduct an annual joint review to determine if the services provided meet the Customer's needs, and whether modifications or changes in service levels should be made. The services Shall be selected from the service list contained in Attachment G — Service Offerings. 16.1 Service Types I -Net services provided by the County include Internet Bandwidth, Transport Bandwidth, and engineering services. Internet Bandwidth and Transport Bandwidth are provided across I- Net fiber. Other available I -Net fiber shall not be used by the Customer without written approval from I -Net management. 16.2 Redundant Front Door (RFD) I -Net has a Redundant Front Door (RFD) that is the interconnection point between I -Net customers, the upstream Internet Service Providers and is the peering point for local transit peering agreements. 16.3 Demarcation Device The Demarcation Device for each of the Customer Sites subject to this Contract is defined and listed in Attachment A - Site(s) Covered. The County Will provide equipment specifications required for connectivity including equipment that meets the County's requirements. Installing specified equipment helps ensure ease of maintenance and customer support. Equipment chosen by the Customer that meets the provided specifications may be acceptable. City of Federal Way 8 of 36 CONTRACT NO. 02COFW13 16.4 Network Infrastructure Upgrade and Migration Network Infrastructure Upgrade and Migration refers to projects that provide for the modification of I -Net network equipment to take advantage of new technologies or architecture that is not the result of an emergency or standard maintenance upgrade. Network Infrastructure Upgrade and Migration activities may occur outside of the regularly scheduled maintenance. Planned Network Infrastructure Upgrade and Migration notice will be given to the Customer when such changes affect the Customer. If notification is applicable, the County will notify the Customer in accordance with Attachment E — Key Persons at least thirty (30) business days in advance. The County will endeavor to notify the Customer of the: project scope; new network deployment and architecture; benefits; migration plans; and provide County contacts that are not already identified in Attachment E — Key Persons, if applicable. The County may, at its option, set a migration schedule and require Customer migration by a specified date. The County will work jointly with the Customer to set mutually agreeable migration dates based on the migration schedule. 17. Service Levels Service levels and corresponding prices Shall be provided in accordance with Attachment A - Site(s) Covered and Attachment H— Service Levels. Procedures for reporting and handling problems are also contained in this Attachment H — Service Levels. 18. Services Not Currently Provided by I -Net The following services are not covered by this Contract: • Application development or support. • Customer LAN or desktop support services. • Technical support for Users not named in Attachment E - Key Persons. • Other non - transport Customer network design or support on the Customer side of the I- Net Demarcation Point. VoIP services. • 1 Pv6. • Dark fiber. • I -Net controlled fiber. 19. Service Requirements The Customer agrees it Will complete the items listed below throughout the Contract at no cost to the County. Failure to do so Shall be grounds for and may result in the termination of I -Net service or delay in the County's installation of I -Net services. 19.1 Provide the County with any contact person changes within five (5) Days of the change. Failure to keep the Contact information current may result in delays in processing of service requests. 19.2 Provide County with timely access to the Site(s). City of Federal Way 9 of 36 CONTRACT NO. 02COFW13 19.3 Provide, at no cost to the County, sufficient rack or wall space, and sufficient cooling to maintain a temperature no greater than 80 degrees Fahrenheit. 19.4 Keep the area around the I -Net equipment dry, clean, and free of obstructions to facilitate airflow and protect the equipment investment. 19.5 Notify County within 24 hours of any damage o_r other apparent problems with the equipment or fibers. 19.6 Keep the I -Net equipment in the place where the County has installed it, and not move, alter or use the equipment in any way without the written permission of the County. 19.7 Use only port Al on the Demarcation Device provided by I -Net unless I -Net management has provided written consent to use additional ports on the Demarcation Device. 19.8 Provide Ethernet cables to the Demarcation Device 19.9 Process reimbursement with USAC (Spin #143015282) 20. Security The County requires the installation of physical security measures to protect the fiber connections and equipment provided by the County as a condition of starting or continuing to receive I -Net Service and may change those requirements from time to time. Physical security of the I -Net racks, cabinets and fibers located at the Customer's Site(s) is the responsibility of the Customer. The Customer Shall ensure that all I -Net equipment is protected from unintended physical access through the use of locked rooms and /or cabinets. The Customer is responsible for securing its computer resources attached to the I -Net against all unauthorized access or use. King County reserves the right to inspect the physical security measures at the Customer's Site(s) at any time with two (2) business days' notice to the Customer. Failure to remediate findings of such an inspection within seven (7) business days from written notice may result in suspension of I -Net connectivity until compliance is achieved. 21. Nonwaiver of Breach No action or failure to act by either Party shall constitute a waiver of any right or duty afforded to the other under this Contract; nor shall any such action or failure to act by either Party constitute an approval of or acquiescence in any breach, except as may be specifically stated by the nonbreaching party in writing. 22. No Third Party Agreement This Contract is not intended, nor shall it be construed to create a contractual relationship of any kind between any persons or entities other than the County and Customer. 23. Taxes The Customer shall maintain and be liable for payment of all applicable taxes, fees, licenses permits and costs as may be required by applicable federal, State or local laws and regulations as may be required to provide the work under this Contract. City of Federal Way 10 of 36 CONTRACT NO. 02COFW13 Attachment A — Sites(s) Covered Thru 01/31/2017 All Site and contact data will be maintained by [-Net Operations. Customer Shall report changes in contact personnel or location data to I -Net management. The Contracted Site Services & Monthly Fees table below identifies Service Type and Bandwidth (Svc Type & BW), Site ID (number), Site Name, Site Address, City, Site Contact, CPE Device, Hub, Demarcation Point, and monthly cost for each Site covered under this Contract. I -Net owns all CPE devices installed at Customer Sites. See Attachment G — Service Offerings for a description of service offerings. I -Net fiber is reserved for 11-Net use only, to support delivery of I -Net services to the Sites specified below. Service Offerina Summary 1. Internet Bandwidth IB 2. Transport Bandwidth TB 3. Support Services - Platinum, Gold, Silver, 4. T1 Connection (T1) Bronze 5. Additional Internet Bandwidth (AIB) 6. Additional Transport Bandwidth (ATB) 7. Additional IPV4 Addresses AIP 8. Professional Services: Network Engineering Service (NES) 9. Data Center Services (See Attachment O) Solution Architecture (SA) Project Management Service (PMS) Support Surcharge (SS) Contracted Site Services & Monthly Fees 100 2013 Federal Way City 3325 81" Ave. S. Federal Way Hall ,Id 2013 Federal Way City 3325 8" Ave. S. Federal Way - 1 2013 IFederal Way City 033258 1h Ave. S. IFederal Way Fichtner 112ci- 1" grandfathered rate TOTAL Monthly Fees:l$994.00 Installation Costs (Non- "Provision Fees Per Site Additional Site Provisioning Cost(s) Per Site Site Visit Required Additional Services — No Site Visit Required $ 150 per hour Total Non - Recurrina Costs N/A City of Federal Way 11 of 36 CONTRACT NO. 02COFW13 Attachment B — I -Net Connectivity Change Request Form Service Change and Architecture Change Requests must be approved by the Customer's Primary or Technical Contact and will be implemented per the terms of the Customer's Contract with I -Net. Date Requestor Contact Information Organ Requestor Name Requester E -Mail Requestor Phone ization (Customer) Information Organization Name Primary Contact E -Mail Technical Contact E -Mail Duration of Change ❑ Permanent ❑ Temporary - Ending Date services to be Sites (identify sites that will be affected by this Service Change request) For C Type Site ID Site Name Address Select Select Select Select >unty use only: Ticket'# - L.i' ItiIC' Assigned En ineer ❑,B%ilable„ , ., ` ; ❑ Flo- Cost`Change Request City of Federal Way 12 of 36 CONTRACT NO. 02COFW13 Attachment C - Acceptable Use Policy IMPORTANT: The Countv's franchise aareement and [-Net lease agreement with Comcast, as amended or renewed, and franchise agreement with WAVE prohibit the County from building or running a cable television network or any commercial for - profit endeavor over the fiber optic cable. Customer acknowledges and agrees that the restrictions in the franchise agreement and lease agreement flow down and apply to the Customer. This Acceptable Use Policy ( "Policy ") sets forth applicable requirements for the responsible use of the ]-Net. In General. I -Net must be used solely for lawful and intended purposes. No one Shall use or aid anyone else in using the I -Net to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations, or this Policy; or (2) that may expose the County to criminal or civil liability. Customers and Users are further prohibited from assisting any other person in violating any part of this Policy. Any Customer or User the County determines has violated any part of this Policy may be subject to a temporary or permanent suspension of service, including, if the County deems it necessary, immediate suspension or termination of such Customer's or User's service without notice. The County may temporarily suspend the Customer or User without notice if the County deems such action is required for the County to comply with its franchise, lease or applicable laws. The County may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations. The Customer will protect, defend and indemnify the County from any liability whatsoever arising out of any violation of the acceptable use of the I -Net and the County Shall not be liable for any damages of any nature suffered by any Customer, User, or any third party. Responsibility for Content. The County takes no responsibility for any material created or accessible on or through the I -Net. No User or Customer should hold an expectation of privacy with respect to any matter transmitted over or by the I -Net. By entering into this Contract with King County, Customer acknowledges and accepts the absence of privacy in transmitting or using the I -Net. The County may monitor the I -Net traffic for maintenance or repair or to determine usage of the I -Net. The County does not plan to exercise any editorial control over material transmitted over or by the I -Net, but reserves the right to do so consistent with applicable laws. If the County becomes aware that any material may violate this Policy, the County reserves the right to block access to such material and to suspend or terminate any User or Customer creating, storing or disseminating such material. The County further reserves the right to cooperate with cable system representatives, legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any User or Customer. Impermissible Content Customers and Users Shall not use [-Net to transmit or distribute material not permitted under the County's franchise contracts, permits, or other contracts with or grants to cable television or communications companies. Customers and Users Shall not use I -Net to transmit or distribute unlawful material or information containing fraudulent material, or to make any offer containing unlawful, false, deceptive, or misleading statements, claims, or representations. In addition, Customers and Users are prohibited from submitting any unlawful, false or inaccurate information regarding I -Net's use to the County or any other Person. Customers and Users Shall not use I -Net to transmit, distribute or store material that is unlawful, including but not limited to, material that is indecent, obscene, pornographic defamatory, libelous, or not Constitutionally protected. The Parties agree that law enforcement may intentionally receive and store information or materials that may be indecent, obscene, pornographic, defamatory or libelous. Such use by law enforcement as part of its law enforcement activities City of Federal Way 13 of 36 CONTRACT NO. 02COFW13 Shall not be considered a violation of this Policy. Customers and Users Shall not use material in any unlawful manner that would infringe, violate, dilute or misappropriate any person's protection under privacy, publicity, or other personal rights or intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. The use of a domain name in connection with any of the I -Net services Shall not violate the trademark, service mark, or similar rights of any third party. Customers and Users Shall not Use I -Net to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the I -Net, to any other network or equipment, or to other Customers or Users. Third Party Rules-, Usenet. Customers and Users may have access through I -Net to search engines, subscription Web services, chat areas, bulletin boards, Web pages, Usenet, or other services that promulgate rules, guidelines or contracts to govern their use. Users must adhere to any such rules, guidelines, or contracts. Users who post messages to Usenet news groups are responsible for becoming familiar with any written charter or FAQ governing use of such news groups and complying therewith. System and Network Security. Customers and Users Shall not use I -Net to violate or attempt to violate the security of any person or network, including, without limitation, (a) accessing data not intended for such Customer or User or logging into a server or account which such Customer or User is not authorized to access, (b) impersonating County personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding ", "mailbombing ", "denial of service" attacks or "crashing ", (e) forging any TCP /IP packet header or any part of the header information in any e-mail or news group posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another Customer's or User's account name or persona without that person's authorization. Customers and Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for I -Net services. Security violations may result in civil or criminal liability. The County will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers and Users who are involved in such violations. Modification. The County reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when the Customer receives notice from the County. City of Federal Way 14 of 36 CONTRACT NO. 02COFW13 Attachment D - Definitions Acceptable Use Policy or AUP The rules for use of the I -Net set forth in Attachment C — Acceptable Use Policy. Availability The ability of the user network equipment to connect to I -Net Demarcation Devices for the purpose of receiving or transmitting data, voice and video. If the user network equipment cannot access the I -Net Demarcation Devices, it is said to be unavailable. Bandwidth The amount of digital data that can be carried or is moved from one place to another in a given time. Bps or Bits per second A unit of information used, for example, to quantify computer memory or storage capacity. CIR Committed Information Rate for the management tunnel. Minimum setting is 0 bps; maximum setting is network port Bandwidth. Circuit A methodology of implementing a telecommunication network in which two network nodes establish a dedicated communications channel (circuit) through the network before the nodes may communicate. Customer or Customer Agency A municipality, school district, college or other governmental or non - profit agency that is a participant in the King County Institutional Network. See Attachment A - Site(s) Covered for the specific Site locations included in this Contract. Customer Premise Equipment or CPE The Demarcation Device at the Customer's site with ports for connecting Customer fiber. Dark Fiber An optical fiber strand not coupled to an optical light source. Date of Activation The date when I -Net services are available for Customer use. Day Calendar day unless otherwise specified. Demarcation Device The network interface equipment that serves as the Demarcation Point between I -Net and the Customer's premises wiring or equipment. Demarcation Point The point of interconnection between the County's I -Net fibers, cables, or Hardware and the Customer's fibers, cables, or Hardware. Dense Wavelength Division Multiplexing or DWDM Technology that puts data from different sources together on an optical fiber, with each signal carried at the same time on its own separate light wavelength. Domain Name Services or DNS Services which convert domain names into IPV4 addresses. City of Federal Way 15 of 36 CONTRACT NO. 02COFW13 Downtime Refers to periods when the I -Net network is unavailable. EIR Excess Information Rate for the management tunnel. Minimum setting is 0 bps; maximum is Network Port bandwidth. Fee Basis A service is provided on a Fee Basis if there is a charge, whether in money, in -kind service, or otherwise, to those using the service or application. Fiber Optic Cable A cable installed by I -Net or for I -Net that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. Fiber Strand or Strand of Fiber A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. Gbps or Gigabit per second One billion bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Hardware The actual physical computing machinery, including the hardware, software, and firmware. An integrated access device is an example of Hardware. Holiday The following ten (10) days are designated as official County holidays: January 1 (New Year's Day), third Monday in January (Martin Luther King Jr. Day), third Monday in February (President's Day), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), November 11 (Veteran's Day), Thanksgiving and the day after, December 25 (Christmas Day). For holidays falling on a Saturday, the holiday will be observed the Friday before. For holidays falling on a Sunday, the holiday will be observed the Monday after. Hub A physical location, outside of Customer premises, where I -Net network equipment is installed. Normally used for the core network or interconnection purposes. Intergovernmental Network or IGN Provides connectivity among state agencies, counties, and local government entities. I -Net The King County Institutional Network, a fiber optic -based transport network shared by municipal, county, school, library and other governmental, educational and non - profit agencies for the purpose of supporting voice, video and data communication among the participants and with the Internet. Internet A global system of interconnected computer networks that use the standard Internet protocol suite (TCP11P) to serve billions of users worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks, of local to global scope, that are linked by a broad array of electronic, wireless and optical networking technologies Internet Service Provider or ISP An organization that provides access to the Internet. Access ISPs directly connect clients to the Internet using copper wires, wireless or fiber -optic connections. City of Federal Way 16 of 36 CONTRACT NO. 02COFW13 I PV4 Internet Protocol version 4 (IPv4) is the fourth version in the development of the Internet Protocol (I P) and the first version of the protocol to be widely deployed. Together with IPv6, it is at the core of standards -based internetworking methods of the Internet. IPv4 is still used to route most traffic across the Internet. IPV6 Internet Protocol version 6 (IPv6) is the latest revision of the Internet Protocol (IP), the communications protocol that routes traffic across the Internet. It is intended to replace IPv4, which still carries the vast majority of Internet traffic. Kbps or Kilobit per second One thousand bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. King County King County, Washington. A political subdivision of the State of Washington. King County Information Technology or KCIT A department within the Executive branch of King County government. Local Area Network or LAN A network designed to move data between stations within a campus. Mbps or Megabit per second One million bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Metro Optical Ethernet or MOE A highly scalable, high capacity, Ethernet network operating a combination of traditional Layer 2 and /or Layer 3 switches interconnected through optical fiber. The latest platforms provide extensive capacity improvements in fiber asset usage allowing newer advanced services to be deployed over existing fiber infrastructures providing extensive value to fiber owners and their customers. Multimode Fiber Optic Cable or MMF Fiber optic cable in which the signal or light propagates in multiple modes or paths. Since these paths may have varying lengths, a transmitted pulse of light may be received at different times and smeared to the point that pulses may interfere with surrounding pulses. This may cause the signal to be difficult or impossible to receive. This pulse dispersion sometimes limits the distance over which a MMF link can operate. Month The period commencing on the first calendar day of a calendar month and ending on and including the last day of that calendar month. Network Design A computer network diagram is a schematic depicting the nodes and connections among nodes in a computer network or, more generally, any telecommunications network. Network Latency The time measured for data to transmit across the [-Net network. Network Latency is measured round -trip: the one -way latency from source to destination plus the one -way latency from the destination back to the source. Ping is used to measure round -trip latency. Network Management System or NMS A system of Hardware and Software that is used to monitor, control and manage the County's I- Net network. A NMS may manage one or more other Network Management Systems. City of Federal Way 17 of 36 CONTRACT NO. 02COFW13 Network Topology The arrangement of the various elements (links, nodes, etc.) of a computer or biological network. Essentially, it is the topological structure of a network, and may be depicted physically or logically Network Operations Center or NOC The logistical grouping of King County resources providing first tier monitoring and response to k Net Customer requests. NNI - ADVA's network interface for connection to service provider - network equipment. Peering A voluntary interconnection of administratively separate Internet networks for the purpose of exchanging traffic between the customers of each network. Provider King County Institutional Network (]-Net), as managed and operated by King County I -Net Operations. Quality of Service or QoS Defined on an end -to -end basis in terms of the following attributes of the end -to -end connection: Cell Loss Ratio Cell Transfer Delay Cell Delay Variation Rate Card The list of prices for I -Net services set forth in Attachment K, as may be amended. Redundant Front Door or RFD A network exchange facility that is highly redundant, where the [-Net customers connect to the I- Net infrastructure in order to get to the Internet and inter - government networks. Router A physical device that is capable of forwarding packets based on network layer information and that also participates in running one or more network layer routing protocols. Shall or Will Whenever used to stipulate anything, Shall or Will means that the action or inaction is mandatory by either the Customer or the County, as applicable, and means that the Customer or the County, as applicable, has thereby entered into a covenant with the other Party to do or perform the same. Single Mode Fiber Fiber optic cable in which the signal or light propagates in a single mode or path. Since all light follows the same path or travels the same distance, a transmitted pulse is not dispersed and does not interfere with adjacent pulses. SM fibers can support longer distances and are limited mainly by the amount of attenuation. Refer to MMF. Site A single building or location. Each Site is counted as a unit for purposes of the Customer's Use Charge. SIX The Seattle Internet Exchange (SIX) is an Internet Exchange Point situated in the Westin Building in Seattle, WA. The SIX is a fast growing, neutral and independent peering point which was created as a free exchange point sponsored only by donations. It continues to run without any re- occurring charges to the participants and current major funding comes from one -time 10 Gbps port fees. The SIX is a 501(c)(6) tax - exempt non - profit corporation. City of Federal Way 18 of 36 CONTRACT NO. 02COFW13 Start of Authority or SOA Designated source point for a DNS Domain State Governmental Network or SGN The state of Washingon's enterprise network that provides connectivity between participating agencies to support their mission and objectives. Software All -or any portion of the binary computer programs and enhancements thereto, including source code, localized versions of the binary computer programs and enhancements thereto, including source code and documentation residing on County -owned Hardware. Software is the list of instructions to operate the Hardware. Switched Virtual Circuit or SVC A connection established via signaling. The User defines the endpoints when the call is initiated. System Availability The time a network Circuit is available to carry User data over the I -Net network. T -1 A dedicated phone connection supporting data rates of 1.544 Mbps. A T -1 line actually consists of 24 individual or DSO's, each of which supports 64 Kbits per second. Each 64 Kbps channel can be configured to carry voice or data traffic. Most telephone companies allow you to buy just some of these individual channels, known as fractional T -1 access. T -1 lines are sometimes referred to as DS1 lines. Testing The process of confirming that the configuration, equipment and fiber provides the services to the Customer's site as described in this Contract. Transport In computer networking, the transport layer of layer 4 provides end -to -end communication services for applications within a layered architecture of network components and protocols. Use Charge The amount the Customer owes for receipt of I -Net services. A Use Charge may include both Monthly and non - Monthly costs. User An employee, client, vendor, or other person accessing the network or using [-Net services at a facility controlled by a Customer. User - Network Interface or UNI ADVA's user network interface for connecting customer network equipment. City of Federal Way 19 of 36 CONTRACT NO. 02COFW13 Attachment E - Key Persons The Customer's Primary Contact and the Technical Contact listed below Shall have authority on behalf of the Customer to request and approve all of its network connections to other I -Net agencies or external agencies and to add, delete or modify services and Sites, including both cost and no -cost changes. The Primary and Technical Contacts are lead on all technology and troubleshooting issues regarding I -Net services. All change requests must be submitted using Appendix 8 - 1 -Net Connectivity Change Request Form by either the Primary Contact or the Technical Contact. No changes will be made to the Customer's service configuration without approval from the Primary Contact or the Technical Contact and King County. URL to Change Request Form: http://www.kinqcounty.gov/inet The Customer's Finance Contact Shall be the primary contact for all invoicing and billing issues. The Customer's Contracts Contact Shall be the primary contact for all contractual issues and contract changes /amendments. The Customer's Site Access Contact Shall provide physical access for the County to the I -Net equipment at an individual Site. The contact is listed in Attachment - Site(s) Covered. The Customer Shall provide updated information to the County I -Net Management contact via email within five (5) business days should this contact information change. Contact information updates do not require an amendment via change order. KING COUNTY CITY OF FEDERAL WAY I -Net Management Contact: Primary Contact: Darryl Hunt, I -Net Business Manager Thomas Fichtner, IT Manager 401 5th Avenue, Seattle, WA 98104, 7th FI 333258 th Ave. S., Federal Way, WA 98003 Phone: 206 - 263 -7890 Phone: 253 - 835 -2547 E -mail: darryl.hunt @kingcounty_ gv E -mail: Thomas .Fichtnerpcityoffederalwa} com I -Net Technical Contact: Technical Contact: Ed McPherson, I -Net Architect Brian Pearson, IT Supervisor 401 5th Avenue, Seattle, WA 98104, 7th FI 33325 8" Ave. S., Federal Way, WA 98003 Phone: (206) 263 -7938 Phone: 253 - 835 -2552 Email: ed.McPherson(a)-kingcounty.gov E -mail: Brian. Pea rson(a-)cityoffederalway.com Invoicing /Payments: Finance Contact: Ashley Byrd, Project Program Mgr Joanne Tibbles, Accounting Technician II 401 5th Avenue, Seattle, WA 98104, 6th FI 333258 th Ave. S., Federal Way, WA 98003 Phone: 206 - 263 -7894 Phone: 253 - 835 -2525 E -mail: ashley.byrd(aD_kingcountyAgv E -mail: Joanne .Tibbles @cityoffederalway.com Contracts /Amendments: Contracts Contact: Marilyn Pritchard, Sr. IT Contracts Specialist Heather Dunnachie, Legal Assistant 401 5th Avenue, Seattle, WA 98104, 6th FI 333258 th Ave. S., Federal Way, WA 98003 Phone: 206 - 263 -7961 Phone: 253 - 835 -2562 E -mail: marilyn.pritchardaakingcounty.gov E -mail: Heather .Dunnachie @cityoffederalway.com Data Center Manager: Help Desk 3355 S. 120th Place, Tukwila, WA 98168 333258 1h Ave. S., Federal Way, WA 98003 Phone: 206 - 263 -8058 Phone: 253 - 835 -2555 E -mail: IT.HelpDesk@cityoffederalway.com City of Federal Way 20 of 36 CONTRACT NO. 02COFW13 Attachment F - Termination 1. Termination for Convenience. This Contract may be terminated by either Party without cause, in whole or in part, upon providing the other Party one hundred eighty (180) Days' advance written notice of the termination. If the Contract is terminated pursuant to this paragraph 1: (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services pursuant to the Contract. 2. Termination for Default. Either Party may terminate this Contract if the other party materially fails to perform in the manner stated in the Contract, or fails to comply with any material provision of the Contract. Termination shall be effected as follows: (1) A "notice to cure" identifying the act(s) of default shall be delivered to the breaching Party by certified or registered first class mail. The breaching Party shall have ten (10) Days from the date of receipt to cure the default or, at the non - breaching Party's discretion, provide the non - breaching Party with a detailed written plan for review and acceptance that indicates the schedule and proposed plan to cure the default. (2) If the breaching Party has not cured the default or the plan to cure the default is not acceptable to the non - breaching Party, or the breaching Party fails to perform an accepted plan to cure, the non - breaching Party may terminate the Contract by delivering a "notice of termination" by certified or registered first class mail identifying the effective date of termination. The non - breaching Party shall have all rights and remedies available at law and equity. In addition, if the termination results from acts or omissions of the Customer, including but not limited to, damage to fiber optic lines or to County -owned equipment or the failure to pay amounts due, the Customer Shall return to the County immediately any County -owned equipment and pay all amounts due to the County, including replacement costs, such as, any costs for fiber and equipment damaged as a result of the breach. 3. Termination for Nona ppropriation. (1) If expected or actual funding is withdrawn, reduced or limited in any way prior to the end date of this Contract or in any Contract amendment hereto, the County may, upon written notice to the Customer, terminate this Contract in whole or in part. If the Contract is terminated pursuant to this paragraph 3, (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered by the County prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services covered by the termination. (2) Notwithstanding any provision to the contrary, funding under this Contract beyond the current appropriation year is conditional upon the appropriation by the County Council of sufficient funds to support the services described in this Contract. Should such appropriation not be approved, the Contract shall terminate at the close of the current appropriation year. 4. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either Party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other Party. City of Federal Way 21 of 36 CONTRACT NO. 02COFW13 Attachment G - Service Offerings Thru 01/31/2017 The following is a list of current service offerings and their definitions. Consult Attachment K - P Net Rate Card for pricing. Basic Services 1. Internet Bandwidth (IB): The Internet Bandwidth service provides a base Bandwidth of 40Mbps. Additional Bandwidth of up to 1Gbps can be purchased in increments of 10Mbps for an additional monthly fee. Bandwidth rate limits are applied. 2. Transport Bandwidth (TB): Transport Bandwidth is a point -to -point connection between two facilities and is subject to service availability. It provides service at a base Bandwidth of 100Mbps. Additional Bandwidth up to 10Gbps can be purchased in increments of 100Mbps or 1 Gbps increments for an additional monthly fee. 3. Support Services In addition to the basic service above, the Customer Shall select a support package (Platinum, Gold, Silver or Bronze). Each package provides a different level of service and a separate rate, as described below: Support Svcs Platinum Gold Silver Bronze IPV4 Addresses 32 16 8 2 EVC 1 additional Included Optional Optional n/a IGN Connection Included Included Included n/a QoS* 4 CoS included included best effort best effort Technical Support 24X7,365 24X7,365 24X7,365 8X5 Maintenance Included Included Included Included DNS M mt Included Included Included Included Descriptions • EVC: An Ethernet Virtual Connection (EVC) is defined by the Metro - Ethernet Forum (MEF) as an association between two or more user network interfaces that identifies a point -to -point or multipoint-to- multipoint path within the service provider network. An EVC is a conceptual service pipe within the service provider network. One EVC comes standard with Basic Service. IGN Connection: The Inter - Governmental Network (IGN) is the common data network used to connect to state agencies, counties, and cities with known end points, managed gateways, and applications. The existing IGN is maintained by King County Network Services and is connected to the Washington State Department of Information Systems (DIS) state -wide IGN. [-Net provides network transport to gain access to this network. Municipalities, public health agencies, and law enforcement agencies are able to access applications and share data with other state and local government agencies within the I -Net network. Customers connecting to the IGN must adhere to security guidelines published by Washington State Consolidated Technology Services (CTS) that pertain to this network. This IGN service is bundled with the I -Net ISP service. • QoS: Quality of Service (QoS) is the ability to provide different levels of priority to different applications, users, or data flows, or to guarantee a certain level of performance to a data flow. City of Federal Way 22 of 36 CONTRACT NO. 02COFW13 Technical Support - 8X5: Support is provided Monday through Friday during regular, daytime hours of 8 a.m. to 5 p.m., except on County Holidays. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Work on problems will continue within these daytime hours, as needed. If work is required outside of daytime hours, work Shall be escalated by the Customer and with approval of I -Net management. Technical Support - 24X7, 365: Support is provided 24 hours a day, 7 days a week, every day of the year. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Problem resolution work will continue until resolved. DNS Registration and Hosting: I -Net provides domain registration services to its customers. Only the designated registrar may modify or delete information about domain names in a central registry database. Registration of a domain name establishes a set of Start of Authority (SOA) records in the DNS servers of the parent domain, indicating the IPV4 address (or domain name) of DNS servers that are authoritative for the domain. Additional Services 4. T1 Connection (T1): A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544 Mbps. This service is usually for multiple -site agencies that have legacy T1 line ports between their facilities used to serve voice applications such as PBXs. T1 line ports can also be provided that connect between two participating agencies. Fractional T1 service is also available where individual channels may be directed to different sites. The interface is an RJ -48X connector from the [-Net edge equipment. 5. Additional Internet Bandwidth (AIB): -Net offers additional Internet bandwidth upon the Customer's request and County approval. Additional bandwidth of up to 1 Gbps can be purchased in increments of 10 or 100Mbps for an additional monthly fee. 6. Additional Transport Bandwidth (ATB): I -Net offers additional Transport Bandwidth upon Customer request and County approval. Additional bandwidth of up to 10Gbps can be purchased in increments of 100Mbps for an additional monthly fee. 7. Additional IPV4 Addresses Option (AIP): Customers have the option of purchasing additional blocks of non - portable IP addresses from King County's Class B address space 146.129.x.x. The blocks come in quantities of 16. The County cannot guarantee contiguous IPV4 addresses when additional addresses are purchased, unless agreed to in writing by the County. 8. Professional Services Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of the I -Net. The scope, duration and rates will vary as well as the skill sets of professionals involved. Here are some examples: a) Network Engineering Service (NES): This is work developing specialized network solutions to fit the Customer's needs related to I -Net services. Rates will vary depending upon the duration of the work, and may be invoiced on an hourly or per job basis. The typical rate for in -house staff is $80 /hr. Outside resources will normally demand a higher rate, up to $150 /hr or more. This service is subject to staff availability. City of Federal Way 23 of 36 CONTRACT NO. 02COFW13 b) Solution Architecture (SA): This architecture work is to aid in adapting and scaling applications to operate optimally in an I -Net enabled network environment. The hourly consultation shall be at a rate that reasonably captures the County's cost. This may entail using in -house staff. c) Project Management Service (PMS): This service will provide overall management of work needed prior to installation of I -Net services. This service has traditionally focused on managing construction tasks necessary to deliver fiber optic media. Other related project management tasks may be considered. Charges for the service will be a fixed percentage of the estimated total project cost. d) Support Surcharge (SS): This is a fee charged when a trouble call results in the dispatch of support staff to a Customer site and the cause of trouble is found to be the responsibility of the Customer. The Customer Shall be charged at the rate specified in Attachment A — Sites Covered, no less than one (1) hour minimum. City of Federal Way 24 of 36 CONTRACT NO. 02COFW13 Applicable Terms and Conditions for Services described herein in Attachment G Service Interruption The County may suspend Customer's use of the services offered under this Attachment G of the Contract if the County determines that Customer or its Users use of the services (i) violates any applicable law; (Ii) poses a security risk to the services offered under this Contract; (iii) may harm the services offered under this Contract or materials of any other Customer; or (iv) may subject the County to liability as a result of any of the foregoing. We will provide notice of any suspension as soon as practicable to Customer. To the extent practicable, the County will (i) suspend Customer's right to access or use only those instances, data, or portions of the services that caused the suspension, and (ii) limit the suspension to those accounts that caused the suspension. If feasible, access to the services will be restored once the conditions or circumstances giving rise to the suspension have been removed or corrected. Other Security and Backup Customer shall be solely responsible for properly configuring and using the services and taking steps to maintain appropriate security, protection and backup of its materials, including using encryption technology to protect the materials from unauthorized access and routinely archiving its materials. III. Customer's Materials Customer is solely responsible for the development, content, operation, maintenance, and use of its materials with the services. For example, Customer is solely responsible for: a) the technical operation of its materials, including ensuring that calls it makes to any service are compatible with then - current application program interfaces for that service; b) any claims relating to Customer's materials; c) properly handling and processing notices sent to Customer (or any of Customer's affiliates) by any person claiming that Customer's materials violate such person's rights, including notices pursuant to the Digital Millennium Copyright Act; d) any action that Customer permits, assists or facilitates any person or entity to take related to this Contract, Customer's materials, or use of the services; and e) Users' use of Customer's materials and the services and ensuring that Users comply with Customer's obligations under this Contract and that the terms of Customer's agreement with each User are consistent with this Contract. City of Federal Way 25 of 36 CONTRACT NO. 02COFW13 IV. Customer Indemnification Customer agrees to defend, indemnify and hold harmless the County, its officials, employees, agents and assigns, from and against any and all third party claims, damages, liabilities, losses, judgments, costs, and attorneys' fees arising directly or indirectly out of, or relating to Customer and User's use of the services provided under this Contract. Customer agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and, expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Customer will have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which County has a right to be indemnified. Customer agrees to require its Users to indemnify, defend and hold harmless the County, its officials, employees, agents and assigns from and against any claim arising from User's use of data center services, or services provided under this Attachment of the Contract. City of Federal Way 26 of 36 CONTRACT NO. 02COFW13 Attachment H — Service Levels 1. Network Latency The end -to -end Network Latency will not be greater than an average of nine (9) milliseconds. 2. System Availability A. I -Net's service delivery metrics are: 1. Internet Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. 2. Transport Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. B. QoS services provide the additional metrics of: (measured using the Etherjack services): 1. One way latency within I -Net MOE platform no more than 150 milliseconds. 2. Average one way jitter less than 30 milliseconds. C. I -Net will monitor compliance with the system availability metrics in paragraphs 2. A and B for the services provided to the Customer. A "Metric Compliance Report" will be available on the Customer's SharePoint site on a monthly basis. If I -Net is unable to achieve the performance specified in paragraphs A and or B, then at the Customer's request I -Net will provide a discount based on the parameters below: 1. System Availability nonperformance between 4 -8 business hours —if requested by the Customer, I -Net will discount Customer's monthly fee for that month by one percent (1 %), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (10 %) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $100. System Availability nonperformance (greater than 8 business hours) -- if requested by the Customer, I -Net will discount Customer's monthly fee for that month by two percent (2 %), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (20 %) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $200. 3. Reliability The I -Net network core is a diverse path, failover network. Recovery due to a network break or equipment failure in the primary ring should not be greater than three (3) seconds under worst case conditions, with detection and rerouting typically occurring in approximately one (1) second. 4. Maintenance Window and Planned Network Outages Regularly scheduled maintenance includes, but is not limited to upgrades, other than Planned Network Infrastructure Upgrades and Migrations Paragraph 16.4, and non - emergency repairs. Scheduled maintenance procedures may be performed on Sunday mornings between 6 a.m. and 9 a.m. Emergency work may be performed at any time necessary to maintain the operation of I- Net services. Notice will be given to the Customer of planned network outages when such an outage will affect the Customer. An I -Net Outage Notification list, comprised of the Customer's designated contact, will be maintained for this purpose. The County will notify the Customer of scheduled outages at City of Federal Way 27 of 36 CONTRACT NO. 02COFW13 least two (2) business days in advance. The County will endeavor to notify the Customer of emergency outages as soon as possible. 5. Problem Reporting and Escalation Procedure Users Will initially report problems to their agency's information technology (IT) organizations per their existing internal policies. A. The Customer's IT personnel shall troubleshoot the problem to eliminate application, user platform, or other potential problem sources within its internal network. B. If the Customer then believes it is an I -Net problem, the Customer's designated Technical Contact(s) shall contact the [-Net Network Operations Center. C. A service ticket will be created based on the trouble call, and the [-Net troubleshooting process and time clock will begin. D. I -Net Operations will provide a Problem Reporting and Escalation Procedure to the Customer and provide the Customer with progress and status information on the service ticket. The Customer should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial report. 6. Problem Escalation -Net Operations will attempt to begin resolution of most problems within two (2) hours of the problem report initially being logged and a service ticket being generated. I -Net Operations will notify the Customer regarding the status of the reported problem and the estimated time to repair completion. The estimated time to repair will depend on the determination of whether or not the issue is outside the control of the County, such as a fiber or power outage, or within the control of the County. A. If, after two (2) additional hours, the problem has not been resolved (within the parameters of the support window and problem severity), the Customer may contact the I -Net Business Manager to escalate the problem priority. At this point, the I -Net Business Manager will assess the internal or external situation, escalate the service ticket's priority as necessary, and provide a best estimate of time to repair completion. B. If an I -Net engineer is required to visit a Site to repair or troubleshoot a problem, the Customer may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure with I -Net's equipment or network that was not the result of Customer activity, or is caused by the County. In all other situations, the Customer will be charged for the visit. The charge for this service will be $150 per hour, including travel time, with a minimum 2 -hour charge. This charge will be added to the Customer's monthly invoice. 7. New Service Requests The work required and timing for providing service requests varies depending on the nature of the service being requested and constraints imposed by the Customer's status as an existing or new customer. A. For Service Changes, including changes for sites already receiving I -Net service, I -Net will add new services requiring only a software change, typically within ten (10) business days from the receipt of an I -Net Connectivity Change Request Form from the Customer, and I -Net engineering approval of the change. Services requiring hardware changes will be scheduled with the Customer. Upon receiving I -Net engineering and the Customer's approval, I -Net will complete a service ticket and obtain written approval from the Customer. This approved service ticket will be processed by the County for Customer billing. City of Federal Way 28 of 36 CONTRACT NO. 02COFW13 B. For new I -Net service locations, I -Net's ability to provide requested service will be dependent upon the availability of existing fiber provisioning and integration with the Customer's other existing sites on I -Net. This design will require the participation of both Parties. C. The County will generally add service to a new site, where minimal facilities engineering and provisioning tasks are required, within sixty (60) business days from receipt of an I- Net Connectivity Change Request Form specifying the service from the Customer. The County requires a minimum of ninety (90) business days to construct a typical installation when new fiber installation is required. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be negotiated with the Customer. All new services require a signed amendment identifying the Date of Activation as agreed upon mutually by both Parties. For all services provided to the Customer that requires engineering, design, or installation services by I -Net, an hourly fee will be charged as specified in Attachment A — Site(s) Covered. Service cannot be activated without a fully executed Contract in place. KCIT Contract Services is responsible for managing the contract process with the active support of I -Net management as required. City of Federal Way 29 of 36 CONTRACT NO. 02COFW13 Attachment I — IPV4 Addresses IMPORTANT: IPV4 ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE PROPERTY OF KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDRESS SPACE ONLY WHILE THIS CONTRACT IS IN PLACE. THE COUNTY CANNOT GUARANTEE CONTIGUOUS IPV4 ADDRESSES WHEN THE CUSTOMER IS PURCHASING ADDITIONAL IPV4 ADDRESSES, UNLESS AGREED TO IN WRITING BY THE COUNTY. CFW External IP Address from KC Public IP address Subnet 146.129.247 193 255.255.255.192 146.129.247 194 255.255.255.192 146.129.247 195 255.255.255.192 146.129.247 196 255.255.255.192 146.129.247 197 255.255.255.192 146.129.247 198 255.255.255.192 146.129.247 199 255.255.255.192 146.129.247 200 255.255.255.192 146.129.247 201 255.255.255.192 146.129.247 202 255.255.255.192 146.129.247 203 255.255.255.192 146.129.247 204 255.255.255.192 146.129.247 205 255.255.255.192 146.129.247 206 255.255.255.192 146.129.247 207 255.255.255.192 146.129.247 208 255.255.255.192 146.129.247 209 255.255.255.192 146.129.247 210 255.255.255.192 146.129.247 211 255.255.255.192 146.129.247 212 255.255.255.192 146.129.247 213 255.255.255.192 146.129.247 214 255.255.255.192 146.129.247 215 255.255.255.192 146.129.247 216 255.255.255.192 146.129.247 217 255.255.255.192 146.129.247 218 255.255.255.192 146.129.247 219 255.255.255.192 146.129.247 220 255.255.255.192 146.129.247 221 255.255.255.192 146.129.247 222 255.255.255.192 146.129.247 223 255.255.255.192 146.129.247 224 255.255.255.192 146.129.247 225 255.255.255.192 146.129.247 226 255.255.255.192 Public IP address Subnet 146.129.247 227 255.255.255.192 146.129.247 228 255.255.255.192 146.129.247 229 255.255.255.192 146.129.247 230 255.255.255.192 146.129.247 231 255.255.255.192 146.129.247 232 255.255.255.192 146.129.247 233 255.255.255.192 146.129.247 234 255.255.255.192 146.129.247 235 255.255.255.192 146.129.247 236 255.255.255.192 146.129.247 237 255.255.255.192 146.129.247 238 255.255.255.192 146.129.247 239 255.255.255.192 146.129.247 240 255.255.255.192 146.129.247 241 255.255.255.192 146.129.247 242 255.255.255.192 146.129.247 243 255.255.255.192 146.129.247 244 255.255.255.192 146.129.247 245 255.255.255.192 146.129.247 246 255.255.255.192 146.129.247 247 255.255.255.192 146.129.247 248 255.255.255.192 146.129.247 249 255.255.255.192 146.129.247 250 255.255.255.192 146.129.247 251 255.255.255.192 146.129.247 252 255.255.255.192 146.129.247 253 255.255.255.192 146.129.247 254 255.255.255.192 City of Federal Way 30 of 36 CONTRACT NO. 02COFW13 Attachment J — Evidence of Insurance Coverage CERTIFICATE OF LIABILITY INSURANCE FOLLOWING THIS PAGE City of Federal Way 31 of 36 CONTRACT NO. 02COFW13 9CITF1- OP ID: CF ACTOR", CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 03/26/2014 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(ies) must 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 lieu of such endorsement(s). PRODUCER Bannon, Carlson & Kassel, Inc. 2121 70th Ave W Ste B University Place, WA 98466 -7664 Daniel DeLorenzo NAMEACT Cathy Fleck PHONE 253- 565 -3500 ac No :253~565 -7209 AIC No E,,: nl DRIESS: cfleck@bckine.net PK1016813 12131/2013 12/3112014 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Lloyds of London $ MED EXP (Any one person) INSURED City of Federal Way 33325 8th Ave. S. INSURER B : Travelers Casualty & Surety Co $ 10,000,00 Federal Way, WA 98003 -6325 INSURER C : GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 10,000,00 INSURER D: A INSURER E: INSURER F: 12/3112013 12/3112014 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 LTR TYPE OF INSURANCE A U POLICY NUMBER MM/DDIYYYY EXP /YYYY MM/D Y LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx� OCCUR X I -Net Business Manager 401 5th Avenue -7th Floor PK1016813 12131/2013 12/3112014 EACH OCCURRENCE $ 10,000,00 GE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 10,000,00 GENERAL AGGREGATE $ 10,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 10,000,00 $ A AUTOMOBILE LIABILITY X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON-0WNED HIRED AUTOS AUTOS PK1016813 12/3112013 12/3112014 COMBINED SINGLE LIMIT Ea accident 10,000,00( $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVEY /N OFFICER/MEMBER EXCLUDED? F_� (Mandatory In NH) If Yes, describe under DESCRIPTION OF OPERATIONS below N/A PK1016813 12/31/2013 12131/2014 X WCY LIMIT O R E.L. EACH ACCIDENT $ 10,000,00 E.L. DISEASE - EA EMPLOYEE $ 10,000,00 E.L. DISEASE - POLICY LIMIT $ 10,000,00 A B Public Off Liab Crime Coverage PK1016813 105862866 12/31/2013 01/0112014 12/3112014 0110112015 Limit 10,000,00 Limit 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Business Operations of Named Insured CERTIFICATE HOLDER CANCELLATION KININET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. King County Darryl Hunt I -Net Business Manager 401 5th Avenue -7th Floor AUTHORIZED REPRESENTATIVE A Seattle WA 98107 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD City of Federal Way Policy # PK1016813 (8) WASTE means any waste material (1) containing byproduct material from any ore processed primarily for its source material content and (2) resulting from the operation by any person or organization of any NUCLEAR FACILITY included within the definition of NUCLEAR FACILITY. J. Any loss, damage, cost, claim, expense, BODILY INJURY, MEDICAL PAYMENTS, or liability of whatsoever nature directly or indirectly caused by, resulting from or in any way involving FUNGAL PATHOGENS. This exclusion shall apply regardless of any other cause or event that contributes concurrently or in sequence to the loss, damage, cost, claim, expense, BODILY INJURY, MEDICAL PAYMENTS, or liability. This exclusion shall not apply to: (1) SECTION I PROPERTY; but only when such loss arises directly from a peril not otherwise excluded under SECTION I PROPERTY. (2) SECTION V COVERAGE A EXCESS WORKERS COMPENSATION FOR A QUALIFIED SELF - INSURER; but only when coverage for losses arising from FUNGAL PATHOGENS is required by law or regulation. (3) SECTION 11 GENERAL LIABILITY; BODILY INJURY or PROPERTY DAMAGE arising from the NAMED ASSURED's Food Products K. Any claim, including defense of same, arising directly or indirectly from any actual or alleged SEXUAL ABUSE or SEXUAL HARASSMENT of any person by any ASSURED, or anyone to whom the NAMED ASSURED is obligated by virtue of a written contract or agreement; except as covered in SECTION 11 GENERAL LIABILITY, SECTION Vlll LAW ENFORCEMENT ACTIVITIES and SECTION IV PUBLIC OFFICIALS MISCELLANEOUS LIABILITY INSURING AGREEMENT C SEXUAL HARASSMENT LIABILITY or INSURING AGREEMENT D SEXUAL ABUSE LIABILITY. GENERAL POLICY DEFINITIONS 1. ASSURED means not only the NAMED ASSURED as stated on the Declaration Page, but also includes any past, present or future officials; members of boards or commissions; and trustees, directors, officers, volunteers, or employees of the NAMED ASSURED while acting within the scope of their duties as such. ASSURED shall also mean any person, organization, trustee or estate to whom the NAMED ASSURED is obligated by virtue of a written contract or written mutual aid agreement or other written agreement to provide insurance such as is offered by this policy; but only in respect to acts or operations by or on behalf of the NAMED ASSURED, and subject to the limitations on coverage contained in any such written contract or written mutual aid agreement or other written agreement. 2. AUTOMOBILE means any motor vehicle intended or designed for highway use, trailer or semi - trailer, including its equipment and any other equipment permanently attached thereto, but AUTOMOBILE does not include MOBILE EQUIPMENT. However, self propelled vehicles with the following types of permanently attached equipment are considered AUTOMOBILE: Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. 3. BODILY INJURY means physical injury (including death) to any person, and any mental anguish or shock, sickness, disease, disability or death associated with or arising from such physical injury. 4. EARTHQUAKE means seismic geologic activity which causes movement in the earth's surface including loss or damage from any other cause or event that contributes concurrently or in any sequence to the loss, except direct loss of or damage to PROPERTY OF THE ASSURED caused by ensuing fire and /or PUBLIC ENTITY VER.NOV. 2011 19 Attachment K — I -Net Rate Card City of Federal Way 32 of 36 CONTRACT NO. 02COFW13 Attachment L — Customer Network Topology 0 City of Federal Way 33 of 36 CONTRACT NO. 02COFW13 Attachment M — Customer Access to I -Net SharePoint Site The Customer shall have access to an "I -Net Partner Workspace ", a secure SharePoint site created specifically for that Customer. On the Sharepoint site the term "Partner' has the equivalent meaning as "User" or "Customer ". The Partner Workspace is an important source for communications between the Customer and King County I -Net, specifically the KCIT I -Net team, KCIT Contracts, and KCIT Billing staff. It is intended to be used to view, post, and exchange important information between the Customer and County. . Access to the Partner Workspace is limited to County and Customer staff with a valid user ID and password. Customer information is treated as confidential, unless disclosure is required by applicable law. Credentials will be provided to identified staff upon the execution of this Contract. Navigating to Your I -Net Partner Workspace Your Partner Workspace includes a Parent Site where global announcements and calendar information will be posted. By selecting "All Site Content" on the left of the Parent Site, you will see your Partner Workspace listed. • Partner Site URL: https:Hkcmicrosoftonlinecom- 40.sharepoint .microsoftonline.com /inet2 partners /SitePages /Home.aspx If you don't see the name of your organization, please call the I -Net Network Operations Center at 206 - 263 -7000 or e -mail inetops akingcounty.gov. City of Federal Way 34 of 36 CONTRACT NO. 02COFW13 � 2 <. /DR� ""5'4`4 \*m HAND :S«mndz \ d< v? «dam a Y z. troubleshootinq d ort Racking e4 Gg equiprncrit . d ipping em««« fhp6 DsDVDs« H i«y. GG«Jgcpwet3GG)dig g6 : \ Attachment O — Colocation Agreement The parties agree that the Customer may use space from the County for the colocation of its: N/A The following colocation options are available for the Customer below. See Attachment N— Pricing for pricing. a) Co- Location Level 1 (Whole cabinet or half cabinet) (CL1 W or CL1 H): Cabinets are segregated and locked with redundant power capable. Hot aisle /cold aisle contained within cabinet. CJIS- compliant physical security is provided. The multiple layers of physical security include: two layers of "2 Factor" access security, 7x24 King County staff presence, video surveillance cameras, and 7x24 security presence. b) Remote Hands Service (RHS): Visual verification to assist remote troubleshooting efforts; racking and stacking equipment; swapping removable media (tapes, CDs, DVDs, etc.); handling off -site storage requirements; labeling equipment and taking digital photos; and secure network connectivity. c) Co- Location Level 2 (Whole cabinet or half cabinet) (CL2W or CL2H): All features and services of Co- Location Level 1, PLUS: Smart Hands service offering technical assistance and troubleshooting; equipment installations and configurations; interface card removal, installation and configuration; testing media for continuity and proper signaling; inventory of equipment; power cycling for router, server, switch, and soft -boot; adding, removing or verifying a demarcation; moving equipment within your space and cabinets; and wiring services (moving, securing, and terminating cables). d) Managed Systems Service (MSSVE or MSCS): Features of Managed System Services are: segregation (physical separation of systems in secured cabinets and physical separation of networks), staffing options in a 24/7 staff environment, and security (CJIS and HIPAA compliant and a physical security model). Two options are available: • Standard Virtual Environment (MSSVE): 2 vProc, 8 GB RAM, up to 150 GB storage, additional vProcs, RAM, and storage space can be added. • Cloud Services (MSCS): (available 2014) City of Federal Way 36 of 36 CONTRACT NO. 02COFW13