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AG 03-161o 10. 11. CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUq ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: PROJECT NAME: TYPE OF DOCUMENT REQUESTED (CHECK ONE) PROFESSIONAL SERVICE AGREEMENT MAINTENANCE/LABOR AGREEMENT PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) REAL ESTATE DOCUMENT NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: EXT: q (_3 ~) ~ 3. DATE REQ. BY: SECURiTY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) CONTRACT AMENDMENT AG//: CDBG OTHER ~'~/-"'r" ~.gt~¢/,~,,,~ ~ / , TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUI~ INSURANCE CERTIFICATE DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: ,_/,., // ')~/f,,~O) COMPLETIONDATE:/;~,FS~,..'~/ TOTAL COMPENSATION $ (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 1F YES, $ lING SLIP OF BOND) CONTRACT REVIEW PROJECT MANAGER DIRECTOR RISK MANAGEMENT 'N, LAW CONTRACT SIGNATURE ROUTING LAW DEPARTMENT .__.__ CITY MANAGER ~LERK SIGN COPY BACK TO ORGINATING DEPT. ASSIGNED AG# PURCHASING: PLEASE CHARGE TO: lENT / PAID BY: CONTRACTOR CITY INITIAL/DAT~ APPROVED INITIAL/DATE APPROVED INIT1AL~ATE APPROVED INITIAL/DATE APPROVED Contract Between King County, Washington and City of Federal Way For Institutional Network Services CONTRACT NO. 04FEDERALWAY03 Marilyn Pritchard ITS Procurement Officer Finance and Administrative Services King CoLlnty l~nformation and Telecommunications Services Division Department of Executive Services KEY-ES-2300 700 Fifth Avenue, Suite 2300 Seattle, WA 98104-5002 marilyn.pritchard@metrokc.gov www.metrokc.gov II 0RIGIN 206-205-149S Fax 206-263-4834 Pager 206-340-5813 ~rY Relay: 711 TABLE OF CONTENTS 1. Preface ................................................................................................................................................. 3 2. Recitals ................................................................................................................................................ 3 3. Definitions ........................................................................................................................................... 4 4. Use of the l-Net ................................................................................................................................... 4 5. Term of Contract ................................................................................................................................... 4 6. Notices .................................................................................................................................................. 4 6.1 Notices To County for Service Matters ........................................................................................ 4 6.2 Key Persons .................................................................................................................................. 5 7. Charges and Payment Procedures ........................................................................................................ 5 7.1 Invoiced Charges .......................................................................................................................... 5 7.2 Installation and Monthly Fees ....................................................................................................... 5 7.3 Invoicing and Payment .................................................................................................................. 5 7.4 New Site Costs .............................................................................................................................. 5 7.5 Circuits: Types and Approvals ...................................................................................................... 5 7.5.1 Intra-Agency Circuits ............................................................................................................ 5 7.5.2 Inter-Agency Circuits ............................................................................................................ 6 7.6 Initiation or Change Requests ...................................................................................................... 6 7.7 No Cost Changes .......................................................................................................................... 6 8. Reporting ............................................................................................................................................. 6 9. Sub-contracting .................................................................................................................................... 6 10. Insurance .......................................................................................................................................... 6 11.1 Limitation of Liability ................................................................................................................... 7 11.2 Survival ......................................................................................................................................... 7 12. Change Orders ................................................................................................................................. 7 13. Force Majeure .................................................................................................................................. 7 14. Severability ...................................................................................................................................... 7 15 Nondiscrimination ............................................................................................................................ 8 15.1 No Discrimination ......................................................................................................................... 8 16. Termination ...................................................................................................................................... 8 17. Applicable Law and Forum .............................................................................................................. 9 17.1 Dispute Resolution and Mediation ................................................................................................ 9 17.2 Mediation and Arbitration ............................................................................................................. 9 18. Services to be Provided by I-Net ..................................................................................................... 9 18.1 Handoff/Demarcation Points ......................................................................................................... 9 19. Service Levels ................................................................................................................................ 10 20. Services Not Provided by I-Net ..................................................................................................... 10 21. Service Requirements .................................................................................................................... 10 22. Security .......................................................................................................................................... 10 Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site ............... 12 Attachment B - Connectivity Change Request Form .................................................................................. 13' Attachment C - Appropriate Use Policy ..................................................................................................... 15 Attachment D - Definitions ......................................................................................................................... 17 Attachment E - Key Persons ....................................................................................................................... 23 Attachment F - Termination ........................................................................................................................ 24 Attachment G - Service List ........................................................................................................................ 25 Attachment H - Service Levels ................................................................................................................... 28 Attachment H - Service Levels ................................................................................................................... 28 Attachment I - IP Address Space ............................................................................................................... 30 Attachment J - Evidence of Insurance Coverage ........................................................................................ 31 File save date: 5-15-03 Pg. 2 CONTRACT NO. 04FEDERALWAY03 This Contract, made this ~'~.,~~.), by and between King County, Washington (hereinafter "(Tfoun(¥")'~nd City of Federal Way, with its principal place of business at 33530 1st Way South (hereinafter "Customer"), collectively the "Parties." 1. Preface This Contract includes these terms and conditions and the following attachments: Attachment A - Site locations covered by this Contract and Site Access Contact for each Site Attachment B - Connectivity Change Request Form Attachment C - Appropriate Use Policy Attachment D - Definitions Attachment E - Key Persons Attachment F - Termination Attachment G - Service List Attachment H - Service Levels Attachment I - IP Address Space Attachment J - Evidence of Insurance Coverage 2. Recitals WHEREAS, County has deployed the Institutional Network (hereinafter "l-Net"); and WHEREAS, the County offers I-Net services to municipal, county, school, library and other governmental and non-profit agencies; and WHEREAS, Customer wants to purchase I-Net services as defined below; and WHEREAS, the Customer agrees that it will use I-Net facilities and services solely for educational, public access, 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 payments, covenants, and Contracts hereinafter mentioned, to be made and performed by the County and Customer (hereinafter "Parties"), the Parties covenant and do mutually agree as follows: File save date: 5-15-03 Pg. 3 CONTRACT NO. 04FEDERALWAY03 3. 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. 4. Use of the I-Net The I-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 locations covered by this Contract, and Site Access Contact for each Site must be approved in advance in writing by 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, 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 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 - Appropriate Use Policy. Customer agrees that it shall not resell any of the services provided under this Contract without the County's prior written permission, and shall comply with Attachment C - Appropriate Use Policy. 5. Term of Contract This Contract is effective upon execution by both Parties, and shall remain in effect for the remainder of the calendar year in which it is signed. Thereafter, this Contract shall renew automatically from year to year for a term of three(3) unless either Party notifies the other in writing to terminate this Contract ninety (90) Days prior to the effective date of the termination, or the Parties agree in writing to a different termination date. 6. Notices Whenever this Contract provides for notice to be provided by one Party to another, such notice shall be in writing using the U.S. postal service, express mail, e-mail or via an accepted web interface. Any time within which a Party must take some action shall be computed from the date that said Party receives the written notice. 6.1 Notices To County for Service Matters Report I-Net Problems to: I-Net Network Operations Center (County) Voice: 206.263-7000 King County I-Net Operations Center 700 5th Ave., Suite. 2300 Seattle, WA 98104 File save date: 5-15-03 Pg. 4 CONTRACT NO. 04FEDERALWAY03 e-mail: inet. operations~,metrokc.gov Network Operations Center Supervisor 206-263-4879 - Desk 206-399-7465 - Cellular e-mail: Karen.mark~metrokc..qov 6.2 Key Persons County and Customer have identified the persons listed in Attachment E - Key Persons as essential to the successful completion of the tasks identified in this Contract. The roles and authority for each of these people shall be as defined in Attachment E. 7. Charges and Payment Procedures 7.1 Invoiced Charges A service cost summary applicable to Contract is provided in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. I-Net charges will begin thirty (30) Days after this Contract is signed by both Parties. 7.2 Installation and Monthly Fees No sales tax will be collected. I-Net is a service. A table indicating Customer Sites, service levels and costs as provided by this Contract is shown in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. 7.3 Invoicing and Payment Charges will be invoiced Monthly (12 invoice periods per year). Payment is due within 60 Days of receipt of invoice. Thereafter, interest will be charged at the rate of 1.5% per Month on the balance due. 7.4 New Site Costs Additional Sites may be added during the term of this Contract, upon execution of an amendment to this Contract. Upon request, the County will prepare a written estimate of the costs necessary to prepare, install and connect the new Site to the I-Net, and the service rate. See Attachment H - Service Levels for further information. All requests for new Site connectivity must come from the Primary Contact for the Customer. 7.5 Circuits: Types and Approvals 7.5.1 Intra-Agency Circuits Requests for Circuits where both ends are in Sites owned or controlled by the same Customer require only the approval of the Customer's Primary Contact. File save date: 5-15-03 Pg. 5 CONTI~.CT NO. 04FEDERALWAY03 7.5.2 Inter-Agency Circuits There are two potential types of inter-agency Circuits: I-Net Site to I-Net Site Inter-Agency Connection requests require the approval of the Primary Contact at each Customer involved in the Circuit Connection. I-Net Site to External Agency Connection requests between Customer and an External service Provider or organization must originate with the Customer. The County will facilitate the Connection between the two at the I-Net NAP (Network Access Point) in the Westin Building. 7.6 Initiation or Change Requests All requests for Circuit additions or changes must come from the Primary Contact for the Customer, and be on a signed Connectivity Change Request Form as provided in Attachment B - Connectivity Change Request Form, and on-line at the I-Net Web Site. The change request will be evaluated by the County to assess engineering issues, and to determine whether the change is a no-cost change under the Customer's contracted Service, or an additional cost item. If it is an additional cost item, the additional costs must be separately approved in writing by the Customer's Primary Contact, and the associated costs will be added to the Customer's invoiced bill. 7.7 No Cost Changes Basic service options 1 and 2 include one Circuit Change per Site per year included in the Contract Price. A Circuit Change is defined as one that requires reprogramming only, with no equipment moves or adds. Additional changes will be charged at a rate to be determined based on the time necessary to implement the change request. The County will provide a written estimate of the cost of the change as part of the Change Order process. 8. Reporting The I-Net Network Operations Center will actively monitor the state of the network (e.g., alarms and errors, bandwidth utilization, and trending). Reports on the Customer's Circuits will be used as part of the annual Contract review. 9. Sub-contracting The County may sub-contract contract for some or all of the services covered by this Contract. 10. 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. The above policies shall cover or be endorsed to cover the other Party, its officers, officials, employees and agents as an additional insured. 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 Coveraqe and be incorporated by reference and shall constitute compliance with this section. By File save date: 5-15-03 Pg. 6 CONTRACT NO. 04FEDERALWAY03 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. 11. Indemnification Each Party shall protect, defend, indemnify, and save harmless the other Party, its officers, employees, and agents from 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. 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. 11,1 Limitation of Liability Neither party will be liable for any indirect, incidental, special or consequential damages, including but not limited to lost data or profits, however arising, even if it has been advised of the possibility of such damages. 11.2 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. 12. 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 Change Order causes an increase or decrease in the price (fees) for, or the time required for, performance of any part of the Work 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 Change Order. No written request, oral order, or conduct by the County will constitute a binding Change Order unless confirmed in writing by the Parties. '13. Force Majeure The term "force majeure" Shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, fire, accidents, shutdowns for purpose of emergency repairs, strikes and any other industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract. If any Party is rendered unable, wholly or in part, by Act of Nature or any other cause not within such Party's reasonable control, to perform or comply with any obligation or condition of this Contract, upon giving notice and full particulars to the other Party, such obligation or condition Shall be suspended but only for the time and to the extent necessary to restore normal operations. '14. 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 File save date: 5-15-03 Pg. 7 CONTRACT NO. 04FEDERALWAY03 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. Nondiscrimination 15.1 No Discrimination. 15.1.1 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, 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 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. 15.1.2 The Customer is specifically prohibited from discriminating among persons or taking any retaliatory action against a person because of that person's exercise of any right it may have under federal, state, or local law, nor may the Customer require a person to waive such rights as a condition of taking service. 15.1.3 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. 15.1.4 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. 15.1.5 During the performance of this Contract, neither 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. 15.1.6 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. 15.1.7 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. 16. Termination This Contract may be terminated only in accordance with the provisions of Attachment F - Termination. File save date: 5-15-03 Pg. 8 CONTRACT NO. 04FEDERALWAY03 17. Applicable Law and Forum Except as hereinafter specifically provided, this Contract shall be governed by and construed according to the laws of the State of Washington. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. The Parties shall comply with all local, state and federal laws and regulations applicable to this Contract. 17.1 Dispute Resolution and Mediation The Parties to this Contract may seek to resolve disputes pursuant to mediation as set forth herein, but are not required to do so. Nothing in this Subsection precludes any Party from seeking relief from the King County Superior Court. 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: A. If a dispute arises, then (i) within ten (10) business days of a written request by either Party, County's Project Manager and CustomeCs Site Manager 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 systems 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 Director of Information and Administrative Services and Customer's business contact. 17.2 Mediation and Arbitration Nothing in this paragraph precludes any Party from seeking relief from King County Superior Court. If a dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be settled through direct discussions, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties to this Contract may seek to resolve disputes pursuant to mediation or arbitration, but are not required to do so. 18. Services to be Provided by I-Net The specific services applicable to this Contract are listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. 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 List. 18.1 HandofflDemarcation Points The Handoff or Demarcation Points for each of the Customer's Site subject to this Contract are defined and listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site. File save date: 5-15-03 Pg. 9 CONTRACT NO. 04FEDERALWAY03 19. Service Levels Service levels and corresponding prices shall be provided in accordance with Attachment H - Service Levels. Procedures for reporting and handling problems are also contained in that attachment. 20. Services Not Provided by I-Net The following services are not covered by this Contract: · Applications development or support. · Customer LAN or desktop support services. · Telephone support for users not named in this contract. · Other non-transport Customer network design or support on the Customer side of the I- Net Demarcation Point. 21. 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. 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. Provide County with access to the Sites. Provide, at no cost to the County, sufficient rack or wall space, sufficient cooling to maintain a temperature no greater than 80 degrees Fahrenheit, and one 20-amp isolated ground electrical circuit. Keep the area around the I-Net equipment locked, dry, clean, and free of obstructions to facilitate airflow and protect the equipment investment. Notify County of any damage or other apparent problems with the equipment or fibers. Keep the I-Net equipment in the place where the County has installed it, and not move or alter the equipment in any way without the written permission of The County. 22. Security The Customer shall ensure that all I-Net Hubs are located inside secure, limited access facilities, providing a high level of physical security. The Circuit-oriented nature of an ATM network inherently provides a high level of data integrity. Physical security of the I-Net racks and cabinets located at the Customer's Sites will be the responsibility of the Customer. The Customer is responsible for securing its computer resources attached to the I-Net against all unauthorized access or usage. The County requires the installation of security measures as a condition of starting or continuing to receive I-Net Service, and may change those requirements from time to time. A Security Policy for King County data networks and applications is being developed by ITS. County will incorporate this policy into its network security procedures when it is available. File save date: 5-15-03 Pg. 10 CONTRACT NO. 04FEDERALWAY03 23. Entire Agreement This Contract contains all of the agreements of the parties with respect to any matter covered or mentioned in this Contract. This Contract shall be binding upon and inure to benefit of the Parties' successors in interest and assigns. Failure of either Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. IN WITNESS, THEREOF, the Parties have executed this Contract. KING COUNTY King County Executive (Date) pproved as t..o fo/r~ o~.,.by: ,, King County Deputy Prosecuting Attorney ~/~.7~/09_.~ (Date) Approved as to form only by: · }A"ttorn-ey x-.~ ,- (Da e)t File save date: 5-15-03 Pg. 11 CONTRACT NO. 04FEDERALWAY03I 0al NaL ATTACHMENT A- Site locations covered by this Contract, and Site Access Contact for each Site All Site and contact data will be kept in a database maintained by I-Net Operations. Customer agencies shall report changes in contact personnel or location data to the I-Net Operations Center. The table below Site ID (number), name, address, city, contact, Hub, Demarcation Point, equipment owner, services and Monthly cost for each Site covered under this contract. of Federal Wa CONTRACT: 04FEDERALWAY03 NON-RECURRING Cost per site # of sites Installation Fee(s)a $1,995 1 Site Provisioning (if needed) $15,000 0 TOTAL NON- RECURRING: Total Installation Costs $1,995.O0 $0.00 $1,995.00 MONTHLY RECURRING Site Name Stree~ Ci~ Hub Site Access ~r~ Contacf Demarcation Poinl Equipmenl Owner Se~ice Additional Se~ices 28 IP addresses Included Additional Se~ices 28 IP addresses $50.00 Monthly Cost $750.00 MONTHLY TOTAL: $ 800.00 Note: Installation fee(s) waived if contract is signed within 60 days from the time Customer receives the final contract documents from the County for their signature. File save date: 5-15-03 Pg. 12 CONTRACT NO. 04FEDERALWAY03 Attachment B - Connectivity Change Request Form Please see: Paragraph 7. 6 Initiation or Change Requests. Connectivity Change Request Form is on the following page. File save date: 5-15-03 Pg. 13 CONTRACT NO. 04FEDERALWAY03 Date of Request: I-Net Connectivity Change Request Form Customer Agency: Requestor's Name: Please indicate if you are the Primary or Backup Contact for this Agency: ca Primary Contact ca Backup Contact Please provide a brief description of the request: Sites involved in change (please include site name and address, l-Net site number if known): Duration of Change (permanent, or if temporary please state duration dates): Permanent Temporary · Duration (for temporary changes): Note: All change requests must be submitted by either the Customer Agency's Primary or Backup Contact and will be implemented per the terms of their I-Net Contract. File save date: 5-15-03 Pg. 14 CONTRACT NO. 04FEDERALWAY03 Attachment C -Appropriate Use Policy IMPORTANT: The County's a.qreements with Comcast Corporation prohibits the County from buildinq or runninq a cable television network or any commercial for-profit endeavor over the fiber optic cable. The restrictions in the franchises flow down and apr)Iv to the Customer. The County has formulated this Acceptable Use Policy (Policy) for the purposes of furthering the responsible use of the I-Net and to enabling Users to receive reliable, high quality services. In General. I-Net must be used solely for lawful and intended purposes. No one shall Use or aid anyone else in Using it 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 element 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 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 Appropriate 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 I-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, File save date: 5-15-03 Pg. 15 CONTRACT NO. 04FEDERALWAY03 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 shall not be considered a violation of this Appropriate Use 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. The Parties 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 County, Customer or User or logging into a server or account which County, Customer or User is not authorized to access, (b) impersonating County or City 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) attemptifig 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" without proper authorization (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 Customer or 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 Acceptable Use Policy in its discretion at any time. Such modifications will be effective when the Customer receives notice from the County. File save date: 5-15-03 Pg. 16 CONTRACT NO. 04FEDERALWAY03 Attachment D - Definitions ASP or Application Service Provider A business that allows another organization to use, lease, or license a Web-based service or application which is hosted and/or managed by the business at an outside facility rather than at the organization's facility. ATM Asynchronous Transfer Mode: A very high-speed transmission technology. ATM is a high bandwidth, Iow-delay Connection-oriented packet-like switching and multiplexing technique. Usable capacity is segmented into 53-byte fixed-size cells, consisting of header and information fields, allocated to services on demand. AUP Acceptable Use Policy: The rules for running on the network. Broadband A WAN term. A transmission facility providing bandwidth greater than 45 Mbps (T3). Broadband systems generally are fiber optic in nature. Call A Call is an association between two or more users or between a user and a network entity that is established by the use of network capabilities. This association may have zero or more Connections. Circuit A point-to-point (Site-to-Site) ATM link, with defined operational characteristics. It may include various virtual Circuit types including T-l, TLS, or PVC. CLR or Cell Loss Ratio A negotiated QoS parameter wherein acceptable values are network specific. The objective is to minimize CLR provided the end-system adapts the traffic to the changing ATM layer transfer characteristics. The Cell Loss Ratio is defined for a Connection as: Lost Cells/Total Transmitted Cells. The CLR parameter is the value of CLR that the network agrees to offer as an objective over the lifetime of the Connection. It is expressed as an order of magnitude, having a range of 10-1 to 10-15 and unspecified. Connection An ATM Connection consists of concatenation of ATM Layer links in order to provide an end-to- end information transfer capability to access points. In switched virtual Connection (SVC) environments the LAN Emulation Management entities set up Connections between each other using UNI signaling. Connectionless Refers to ability of existing LANs to send data without previously establishing Connections. CTD Cell Transfer Delay: This is defined as the elapsed time between a cell exit event at the measurement point 1 (e.g., at the source UNI) and the corresponding cell entry event at measurement point 2 (e.g., the destination UNI) for a particular Connection. The cell transfer delay between two measurement points is the sum of the total inter-ATM node transmission delay and the total ATM node processing delay. Customer or Customer Agency File save date: 5-15-03 Pg. 17 CONTRACT NO. 04FEDERALWAY03 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 locations covered by this Contract, and Site Access Contact for each Site for the specific Site locations included in this Contract. Dark Fiber Access In some cases, Customer may be offered Dark Fiber Access for Sites that connect to a single Hub. Only Customers with at least one Basic service Site (service under paragraphs la or lb of Attachment G) through a Comcast Hub will be eligible to acquire a right to access Dark Fiber through that Hub. A design will be developed for each Hub and the Dark Fiber access requested. Both the Customer and County shall approve this design in writing and it must be included on ATTACHMENT A--SITE LOCATIONS COVERED BY THIS CONTRACT, AND SITE ACCESS CONTACT FOR EACH SITE before the County begins any work to provide Dark Fiber Access. Day Calendar Day unless otherwise specified. Demarcation Point The point of interconnection between the County's I-Net fibers or Hardware and the Customer's fibers or Hardware. DNS or Domain Name Services Services which convert domain names into IP addresses. DS-0 Digital Signal, Level 0: The 64 kbps rate that is the basic building block for both the North American and European digital hierarchies; a worldwide standard. DS-1 Digital Signal, Level 1: The North American Digital Hierarchy signaling standard for transmission at 1.544 Mbps. This standard supports 24 simultaneous DS-0 signals. The term is often used interchangeably with T1 carrier although DS-1 signals may be exchanged over other transmission systems. External Agency An organization or ASP that is not a member of the Institutional Network, but that an I-Net Customer has requested Connection to via the I-Net NAP. 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. Customers using I-Net transport to charge other agencies will be charged a fee. Handoff Point The point in the Site where the ownership or control of the fibers or Equipment changes from the Site owner or Customer to the I-Net. Hardware The actual physical computing machinery, including the Firmware which is combination Hardware/Software that is "burned into" a Programmable Read Only Memory chip or chips as opposed to Software. An Integrated Access Device is an example of Hardware. Hub A switching location on Comcast's primary ring or one of its secondary rings. I-Net File save date: 5-15-03 Pg. 18 CONTRACT NO. 04FEDERALWAY03 The King County Institutional Network, a fiber optic based transport network shared by municipal, county, school, library and other governmental and non-profit agencies in for the purpose of supporting voice, video and data communication among the participants. Integrated Access Device or lAD A physical device which is capable of forwarding packets between legacy interworking interfaces (e.g., Ethernet, Token Ring, T-l, etc.) and ATM interfaces based on data-link and network layer information but which does not participate in the running of any network layer routing protocol. An Integrated Access Device obtains forwarding descriptions using the route distribution protocol. IP Internet Protocol: Part of the TCP/IP family of protocols describing Software that tracks the Internet address of nodes, routes outgoing messages, and recognizes incoming messages. ISP Internet Service Provider. ITS or Information and Telecommunications Services A division of the Department of Information and Administrative Services within King County government. King County King County, Washington. A political subdivision of the State of Washington. LAN Local Area Network: A network designed to move data between stations within a campus. MAN Metropolitan Area Network: A network designed to carry data over an area larger than a campus such as an entire city and its outlying area. Mbps Million bits per second. MMF Multimode Fiber optic Cable: 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. Multicasting The transmit operation of a single PDU by a source interface where the PDU reaches a group of one or more destinations. Multipoint-to-Multipoint Connection A Multipoint-to-Multipoint Connection is a collection of associated ATM VC or VP links, and their associated nodes, with the following properties: All Nodes in the Connection, called endpoints, serve as a Root Node in a Point-to-Multipoint Connection to all of the (N-l) remaining endpoints. File save date: 5-15-03 Pg. 19 CONTRACT NO. 04FEDERALWAY03 Each of the endpoints on the Connection can send information directly to any other endpoint, but the receiving endpoint cannot distinguish which of the endpoints is sending information without additional (e.g., higher layer) information. NAP Network Access Point. The County's NAP is in the Westin Building in Downtown Seattle. NMS or Network Management System A system of Hardware and Software that implements functions at the Network Management Layer or Element Management Layer functions and is used to monitor, control and manage the County's INET Network. A NMS may manage one or more other Network Management Systems. NOC or Network Operations Center The administrative group within King County charged with the Day-to-Day operation of the I-Net. OSI Open Systems Interconnect. Organization. A network model developed by the International Standards PBX Private Branch eXchange: PBX is the term given to a device which provides private local voice switching and voice-related services within the private network. A PBX could have an ATM APl to utilize ATM services, for example Circuit Emulation Service. Pilot Phase A period of I-Net installation and Testing before the I-Net moves to full operations. Customers are not required to pay for services during this period but still must pay other charges, if any. The Pilot Phase begins Q1 2001 and ends Q2 2001. Point-to-Point Connection A Connection with only two endpoints. PRI Primary Rate Interface: An ISDN standard for provisioning of 1.544 MbitJs (DS1 - North America, Japan, et al) or 2.048 Mbit/s (El - Europe) ISDN services. DS1 is 23 "B" channels of 64 kbit/s each and one signaling "D" channel of 64 kbit/s/E1 is 30 "B" channels of 64 kbit/s each and one signaling "D" channel of 64 kbit/s. Provider King County Institutional Network (I-Net), as managed and operated by King County Information and Telecommunications Services I-Net Operations Section. PVC or Permanent Virtual Circuit A link with a static route defined in advance, usually by manual setup. QoS Quality of Service: Quality of Service is defined on an end-to-end basis in terms of the following attributes of the end-to-end ATM Connection: Cell Loss Ratio Cell Transfer Delay Cell Delay Variation Rate Card The list of rates and charges for the provision of I-Net services. Router File save date: 5-15-03 Pg. 20 CONTRACT NO. 04FEDERALWAY03 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. Site A single building or location. Charge. Each Site is counted as a unit for purposes of the Customer's Use SM or 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. 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. SVC Switched Virtual Circuit: A Connection established via signaling. The user defines the endpoints when the Call is initiated. T-1 A dedicated phone Connection supporting data rates of 1.544Mbits per second. A T-1 line actually consists of 24 individual or DSO's, each of which supports 64Kbits per second. Each 64Kbit/second 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 ensuring the fiber, in the case of Dark Fiber Access, and the equipment and fiber, in the case of any other service, provides the services described in this Contract. TLS or Transparent LAN Service A service providing for the interconnection of LANs over I-Net in native mode. UNI User-Network Interface: Specifications for the procedures and protocols between user equipment and either an ATM or Frame Relay network. The UNI is the physical, electrical and functional Demarcation Point between the user and the public network service Provider. 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, or other person accessing the network or using I-Net services at a facility controlled by a Customer. WAN File save date: 5-15-03 Pg. 21 CONTRACT NO. 04FEDERALWAY03 Wide Area Network: This is a network which spans a large geographic area relative to office and campus environment of LAN (Local Area Network). WAN is characterized by having much greater transfer delays due to laws of physics. File save date: 5-15-03 Pg. 22 CONTRACT NO. 04FEDERALWAY03 Attachment E - Key Persons The Primary Contact and the Backup Contact listed below shall have authority, on behalf of the Customer to request and approve all 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 Backup Contact is granted complete authority in the absence of the Primary Contact. All change requests must come from and be signed by either the Primary Contact or the Backup Contact listed below, and no changes can be made to the Customer's Circuit configuration without a prior written request approval. The Customer shall provide updated written information to the County within five (5) business days should this contact change. The Technical Contact will be the lead on all technical and troubleshooting issues regarding I-Net transport services. The Customer shall provide updated information to the County within five (5) business days should this contact change. The Site Access Contact will provide physical access to the I-Net equipment at an individual Site. These contacts are listed in Attachment A - Site locations covered by this Contract, and Site Access Contact for each Site, the Site location listing. The Customer shall provide updated information to the County within five (5) business days should this contact change. COUNTY CUSTOMER Primary Contact Name: Betty Richardson Title: Network and Systems Manager Address: 700 Fifth Avenue, Suite 2300 Seattle, WA 98104 Phone: 206-296-0608 E-mail: betty. Richardson@metrokc. gov Back up Contact Name: Walt Yeager Primary Contact Name: Mehdi Sadri Title: Information Systems Manager Address: City of Federal Way PO Box 9718 33530 1st Way South Federal Way, WA 98063 Phone: 253 661 4098 E-mail: Mehdi. Sadri@ci. federal-way, wa. us Back up Contact Name: Brian Pearson Title: Marketing Manager Address: 700 Fifth Avenue, Suite 2300 Seattle, WA 98104 Phone: 206-263-4814 E-mail: walt.yeager@metrokc.gov Title: IS Supervisor PO Box 9718 33530 1st Way South Federal Way, WA 98063 Phone: 253 661 4088 E-mail: Brian. Pearson@cl. federal-way, wa. us Technical Contact Name: Karen Mark Phone: <<Co_Tech_Phone>) E-mail: Karen.mark@metrokc.gov Technical Contact Name: Brian Pearson IS Supervisor Phone: 253 661 4088 E-mail: Brian. Pearson~ci. federal-way, wa. us Site Access Contact Name: Brian Pearson Phone: 253 661 4088 E-mail: Brian. Pearson~ci. federal-way, wa. us File save date: 5-15-03 Pg. 23 CONTRACT NO. 04FEDERALWAY03 Attachment F - Termination This Contract may be terminated by either Party without cause, in whole or in part, upon providing the other Party ninety (90) Days advance written notice of the termination. If the contract is terminated pursuant to this paragraph 1: (1) 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 (2) the County shall be released from any obligation to provide further services pursuant to the contract. Either Party may terminate this Contract, in whole or in part, upon thirty (30) Days advance written notice in the event: (1) a corrective action plan has not been accepted by the non-breaching Party within thirty (30) Days; (2) the other Party materially breaches any duty, obligation, or services required pursuant to this Contract which can not be cured; (3) the duties, obligations, or services required herein become impossible, illegal, or not feasible or (4) the Parties have agreed to a corrective action plan and the breaching Party has not commanded or completed corrective action as specified in the plan. 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, e.g. costs for fiber and equipment damaged as a result of the breach. If expected or actual Customer or County funding is withdrawn, reduced or limited in any way prior to the termination date set forth above or in any amendment hereto, the Party without funding may, upon written notice to the other Party, terminate this Contract, in whole or in part, as of the time funding will not be available. Either Party shall provide the other Party at least ninety (90) days notice of termination for non-appropriation. If the Contract is terminated pursuant to this Section, paragraph 3: (1) 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 (2) the County shall be released from any obligation to provide further services pursuant to the contract. County funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this Contract will terminate at the close of the current appropriation year. I'~othing 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. File save date: 5-15-03 Pg. 24 CONTRACT NO. 04FEDERALWAY03 Attachment G - Service List 1. Basic 1-Net Service Basic I-Net Service at a Site includes the following: Initial configuration and installation of County equipment and service, including customization of Circuits. All County-installed equipment whether at a Customer's Site or not, remains the sole property of the County. One (1) I-Net Basic Service package; Customer may select either Option 1 or Option 2 as described in Section 18. Services to be provided by I-Net. Attachment A- Site locations covered by this Contract and Site Access Contact for each Site lists Sites covered in this Contract. · One (1) change or reconfigure per service (e.g., T-l, TLS) per year at no cost. See Section 7.7 No Cost Changes for further details. · 7 x 24 support. The Customer will be able to call the I-Net NOC for technical support or to initiate a trouble ticket at any hour of the day or night. County engineers will work with the Customer's Technical Contact to design the Circuits and provisioning for the Customer's Sites. Typically the device installed at a Site will be an Integrated Access Device providing a 10/100 Mbps Ethernet Connection; T-1 interfaces will be available on the same Integrated Access Device. All installed Equipment remains the sole property of the County. In some cases a Customer will prefer to connect to the I-Net using its own ATM-aware Hardware. These exceptions will be factored into the Customer's Circuit topology design. Such devices will be owned and supported by the Customer Agency, not I-Net Operations. Customers will initially have to purchase and install an ATM OC-3 Single Mode intermediate reach interface in its equipment (e.g., PBX, router) if not already available. ].da Basic Service Option 1 The following table describes Basic Service Option 1 available from I-Net. File save date: 5-15-03 SERVICE NAME TLS T1 Circuits INCLUDED IN BASIC SERVICE 2 Circuit ends 2 Circuit ends SERVICE DESCRIPTION Bridged Ethernet Circuits DS1 point-to- point, or point-to- multi-point (structured) BANDWIDTH COMMITTED (Mbps) 6 1.5 Pg. 25 BURST (Mbps) 20 N/A USAGE Between any tw~ I-Net Sites within a sir~gle Customer AgenCy Initially may be t'~sed to replace ex sting T1 voice (or data) Ii 3es between I-Net Sites. An example wotlld be tying central PB;( systems to key systems at rem¢,te CONTRACT NO. 04FEDERALWAY03 Sites. INAP 1 Connection IP Network 1.5 8 per participant; Access Point; for 1 more per interchange each among I-Net additional 5 I- Customers and Net Sites. between I-Net and Dark fiber is ASP/ISP, etc. not included in Counts as a this count. Circuit end. Basic Internet 1 Connection Data, DNS, n.._9o Service plus backup POP3 service (via INAP Connections in previous Section) per Customer Agency 1.b. Basic Service Option 2 The following table describes Basic Service Option 2 available from I-Net. SERVICE INCLUDED IN SERVICE BANDWIDTHCO BURST USAGE NAME BASIC DESCRIPTION MMITTED (Mbps) SERVICE (Mbps) ATM UNI Alternate ATM OC3 delivered on 6 20 At a central Hu ~ for Basic SM Fiber may be used in larger I-Net place of the basic participating a~encies TLS/2xT1 Package. I- - as the Conne,:tion Net will support point between -Net bandwidth and Circuits and the internadata equivalent to the Basic (and voice) net~orks. package on this interface. The ATM equipment must provide an 003 Single Mode . intermediate reach fiber interface, and must support the ATM UNI standard. INAP 1 Connection IP Network Access 1.5 8 per participant; Point; for interchange 1 more per among I-Net Customers each and between I-Net and additional 5 I- ASP/ISP, etc. Counts as Net Sites. a Circuit end. - Dark fiber is not included in this c_~ount. Basic 1 Connection Data, DNS Internet plus backup File save date: 5-15-03 Pg. 26 CONTRACT NO. 04FEDERALWAY03 Service (via INAP Connections in previous Section) per Customer A~]ency Dark Fiber Access In some cases, Customer may be offered Dark Fiber Access for Sites that connect to a single Hub. Only Customers with at least one Basic Service Site (service under paragraphs 1 a or lb of Attachment G) through a Comcast Hub will be eligible to acquire a right to access Dark Fiber through that Hub. A design will be developed for each Hub and the Dark Fiber Access requested. Both the Customer and County shall approve this design in writing and it must be included on ATTACHMENT A--SITE LOCATIONS COVERED BY THIS CONTRACT, AND SITE ACCESS CONTACT FOR EACH SITE before the County begins any work to provide Dark Fiber Access. File save date: 5-15-03 Pg. 27 CONTRACT NO. 04FEDERALWAY03 Attachment H - Service Levels 1. Network Latency The end-to-end network latency will not be greater than 3 milliseconds. 2. System Availability Customer Circuits will be up and operating satisfactorily at least 99.9%, as measured over each billing period, not including in this calculation scheduled maintenance time. 3. Maintenance Window Regularly scheduled maintenance is maintenance means upgrades and non-emergency repairs that are not the result of an emergency. Scheduled maintenance procedures may be performed on Sunday mornings between 6:00a.m. and 9:00a.m. Notice will be given to Customer of planned network outages when such an outage will affect Customer. An I-Net Outage Notification list, comprised of Customers designated Technical Contact, will be maintained for this purpose. The County will notify Customer of scheduled outages at least seventy-two (72) hours in advance. The County will endeavor to notify Customer of emergency outages as soon as possible. 4. Reliability The I-Net network core is a redundant, self-healing network. Recovery due to a network break in the primary ring should be not greater than three (3) seconds under worst case conditions, with detection and rerouting typically occurring in approximately one (1) second. 5. Problem Reporting and Escalation Procedure · End users will initially report problems to their agency's Information Technology (IT) organizations per their existing internal policies. · The Customer's IT personnel shall troubleshoot the problem to eliminate application, user platform or other potential problem sources within its internal network. · If Customer then believes it is an I-Net Circuit problem, the Customer's designated Technical Contact(s) shall contact the I-Net Network Operations Center. · A work order (trouble ticket) will be created based on the trouble call, and the I-Net troubleshooting process and time clock will begin. I-Net Operations will provide a Problem Reporting and Escalation Procedure to the Customer, and provide the Customer with progress and status information on trouble calls. The Customer should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial trouble report. Problem Escalation I-Net Operations will attempt to resolve most problems within 2 hours of the problem report initially being logged and a trouble ticket being generated. The NOC will notify the Customer regarding the status of the reported problem, and the estimated time to repair completion. · If, after 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 File save date: 5-15-03 Pg. 28 CONTRACT NO. 04FEDERALWAY03 Operations Manager to escalate the problem priority. At this point, the Operations Manager will assess the situation, escalate the trouble ticket's priority as necessary, and provide a best estimate of time to repair completion. 7. Additional Service Charge If an I-Net technician is required to visit a Site to repair or troubleshoot a problem, Customer may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure with the County's equipment or network that was not the result of Customer activity, or is caused by the County. In all other situations, 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 monthly invoice. 8. New Service For Sites already receiving I-Net service, the County will add new services requiring only a Software change within ten (10) Days from the receipt of a written request for the additional service from the Customer and I-Net engineering approval of the change. Services requiring Hardware changes will be scheduled with the Customer. For locations not receiving I-Net service, the County's ability to provide requested service will be dependent upon the availability of existing fiber provisioning to the Site and of the required network equipment. It will also depend on design integration with the Customer's other existing Sites on the I-Net. This design will require the participation of both Parties. The County will add service to a new Site where minimal facilities engineering and provisioning tasks are required within sixty (60) Days from receipt of a written request for the service from the Customer's Primary Contact. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be scheduled with the Customer. After execution of this Contract by both Parties, the Customer must pay the full costs of new fiber design and construction required for the possible addition of a Site. Any Sites added after March 1, 2001 - and which have not already been designated as a build - will be required to pay fees to help defray the cost of equipment for the Site, as well as paying the full costs of the new fiber design and construction required for the possible addition of the Site. 9. Circuit Changes All requests for Circuit additions or changes shall be in writing from the Customer. A Connectivity Change Request Form is provided in Attachment B - Connectivity Change Request Form, and will be available on-line at the I-Net Web Site as well. The Change Request will be evaluated to assess engineering issues, and to determine whether the change is a no-cost change or is an additional cost item under this Contract. If it is an additional cost item, it must be approved in writing by the Customer and the cost will be added to the invoiced bill. The County will provision new ATM Circuits within ten (10) Days of receipt of a signed change request order and I- Net engineering approval of the change. See also Section 7.5 Circuits: Types and Approvals. File save date: 5-15-03 Pg. 29 CONTRACT NO. 04FEDERALWAY03 Attachment I - IP Address Space IMPORTANT: IP 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. File save date: 5-15-03 Pg. 30 CONTRACT NO. 04FEDERALWAY03 Attachment J - Evidence of Insurance Coverage File save date: 5-15-03 Pg. 3! CONTRACT NO. 04FEDERALWAY03 StPaul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - INET INTERNET SERVICE This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. How Coverage is Changed The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. King County, Washington, its officers, officials, employees and agents are protected persons. But only for covered injury or damage arising out of your use of the Institutional Network Services, Contract #04FEDERALWAY03, owned by and under written contract with King County, Washington. Other Terms All other terms of your policy remain the same. Name of Insured Cities Insurance Association of Washington City of Federal Way Policy Number Processing Date Effective Date GP06301249 7/17/2003 9/1/02 40502 Ed. 1-80 Printed in U.S.A. ©St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page 1 of I CITIES INSURANCE ASSOCIATION OF WASHINGTON CERTIFICATE OF INSURANCE ,SSUED*TE 7,9,2oo3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER WASHINGTON INSURANCE SERVICES, INC. 18106 140th AVENUE N.M. WOODINVlLLE, WASHINGTON 98072-6874 PHONE (425) 482-6767 FAX (425) 482-2777 INSURED CITY OF FEDERAL WAY ~, MEMBER OF CITIES INSURANCE ASSOCIATION OF WASHINGTON 33530 FIRST WAY FEDERAL WAY, WA 98003-6210 COMPANIES AFFORDING COVERAGE GENERAL LIABILITY ST. PAUL MERCURY INSURANCE COMPANY AUTOMOBILE LIABILITY ST. PAUL MERCURY INSURANCE COMPANY PROPERTY ST. PAUL MERCURY INSURANCE COMPANY CRIME / PUBLIC EMPLOYEE DISHONESTY / BOND ST. PAUL MERCURY INSURANCE COMPANY COVERAGES 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 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. TYPE OF INSURANCE POLICY NUMBER POLICYEFFECT~ POLICY ExPIRATiON LIMITS DATE : DATE GENERAL LIABILITY COMMERCIALGENERALLIABILITY GP06301249 OCCURANCEFORM INCLUDES STOPGAP 1/31/2003 9/1/2003 GENERAL AGGREGATE PERSONAL & ADV. INJURY EACH OCCURRENCE (LIABILITY IS SUBJECT TO A $100,000. S.I.R. PAYABLE FROM POOL FUNDS) $20,000,000. $10,000,000. $10,000,000. AUTOMOBILE LIABILITY ANY AUTO GP06301249 1/31/2003 (LIABILITY IS SUBJECT TO A $100,000. S.I.R. PAYABLE FROM POOL FUNDS) 9/1/2003 COMBINED SINGLE LIMIT $10,000,000. PROPERTY GP06301249 1/31/2003 9/1/2003 $15,ooo,ooo. LIMIT CRIME I PUBLIC EMPLOYEE DISHONES~ i BOND GP06301249 1/31/2003 9/1/2003 $500,000. PER LOSS DESCRIPTION OF oPERATIONS I LOCATIONS i VEHICLES i SPECiAE ITEMS : RE: CITY OF FEDERAL WAY, INSTITUTIONAL NE'FWORK SERVICES- CONTRACT ~/O4FEDERALWAY03. KING COUNTY, ITS OFFICERS, OFFICIALS, EMPLOYEES & AGENTS ARE AN ADDITIONAL INSURED SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS, AND PER THE A'I-I'ACHED ADDITIONAL INSURED ENDORSEMENT. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. CERTIFICATE HOLDER 700 FIFTH AVENUE, SUITE 2300 / ~r SEATTLE, WA 98104 I ATTN: MARILYN PRITCHARD ' IRANDAL D. STORM I