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HomeMy WebLinkAboutIT11-230 - Original - King County - Institutional Network Services (I-Net) 01COK11 - 05/25/2011 Records Managernen ¢ KENT Document WASHINGTON i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: V ,no C%MUAW Vendor Number: "� 5 91 q to JD Edwards Number Contract Number: This is assigned by City Clerk's Office 1 Project Name: S- i ��n�� ��u�'�ct1t�� �� ar �y►�Sac� J Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract ❑ Other: Contract Effective Date: 5 Termination Date: Contract Renewal Notice (Days): r-,+EQn 0a �CQ. Number of days required notice for termindtion or renewal or amendment Q Contract Manager:_ Department: _ Fflr mn�;n� �chr° Detail: (i.e. address, location, parcel number, tax id, etc.): MA&A b r�Q d ^�n oYgrc`�-;nr` 67 r, -Irbr ?2 (A&reZ 3 %.Ackn�r - Qrcns S:Pub]is\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 OM61ML Contract Between King County, Washington and City of Kent For Institutional Network Services CONTRACT NO. 01 COK11 Boilerplate Revised 09/24/10 TABLE OF CONTENTS 1. Preface . .. . .. .. . ... . . . . . . . . 3 2. Recitals .3 3 Definitions. . .4 4. Use of the I-Net . ......4 5. Term of Contract. . . . . . ... ...4 6. Notices . . . . . ....4 6.1 Notices to the County for Service Matters . . . . 5 62 Key Persons.. . . . .. .... . . ........5 7. Charges and Payment Procedures. . . 5 71 Invoiced Charges 5 72 Installation and Monthly Fees 5 73 Invoicing and Payment ..... . . . . 5 74 New Site Costs ... ... .... .. . . . . . 5 7.5 Circuits Types and Approvals . . .. .... .. .. .. . . . . . ...... . . 5 8 Reporting . . . .. . . . . .. . . . 6 9 Sub-Contracting . . . . . . . . . . . . .. . . . ......6 10 Insurance 6 11 Indemnification . . ....... .... . 7 11 1 Limitation of Liability .. ....... . . 7 113 Survival ......... . . ....... 7 12. Change Orders . . 7 13. Force Majeure . . . . . . . . .. 7 14. Severability 8 15 Nondiscrimination ..... .. 8 15 1 No Discrimination . . . . . 8 16 Termination .....9 17 Applicable Law and Forum ...9 171 Dispute Resolution and Mediation .. .. ... 9 172 Mediation and Arbitration . 10 18 Services to be Provided by I-Net. . .. 10 18 1 Demarcation Points ........ . 10 18 2 Network Infrastructure Upgrade and Migration 10 19 Service Levels . .. . .. . ........ 11 20. Services Not Provided by I-Net .... .... . .. . 11 21. Service Requirements I 1 22. Security 11 23 Entire Agreement 12 Attachment A-Thru 12/31/2013-Site Locations Covered by this Contract .. . ..... 13 Attachment B—I-Net Connectivity Change Request Form ..... 14 Attachment C -Appropriate Use Policy .. .... ... .. .. 15 Attachment D-Definitions ....... . 17 Attachment E-Key Persons 23 Attachment F-Termination 24 Attachment G-Service Offerings List through 12/31/2013 . .. . ... 25 Attachment H—Service Levels 29 Attachment I—IP Address Space.... ... . . . . . ..... 33 Attachment J—Evidence of Insurance Coverage 34 I-Net City of Kent 2 of 34 CONTRACT NO 01 COK11 This Contract, made this 61'?5120tL by and between King County, Washington (hereinafter"County") and C ty of Kent, with its principal place of business at 220 Fourth Ave South, Kent, WA 98032 ( 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 through December 31 , 2013 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 I IP Address Space Attachment J Evidence of Insurance Coverage 2. Recitals WHEREAS, County has deployed the Institutional Network(hereinafter"I-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 television channel 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 I-Net City of Kent 3 of 34 CONTRACT NO 01 COK11 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 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 television channel 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 until December 31, 2013 Thereafter, this Contract may be renewed upon execution of an amendment that may include a revised Attachment A, Attachment G and Attachment H for(3)three(3)year terms, subject to the terms and conditions of applicable franchise agreements as amended or the lease agreement, as amended, or as set forth in the termination provisions herein 6. Notices Whenever this Contract provides for notice to be provided by one Party to another, such notice Shall be in writing and sent certified or registered mail return receipt requested Any time within which a Party must take some action Shall be computed from the date that said Party receives the written notice I-Net City of Kent 4 of 34 CONTRACT NO 01 COK11 6.1 Notices to the 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 401 51h Ave , 7ch Floor Seattle, WA 98104 E-mail met ooerations(Mkingcounty aov 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— Key Persons 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 I-Net charges will begin thirty(30) Days after this Contract is signed by both Parties 7.2 Installation and Monthly Fees 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. 7.3 Invoicing and Payment Charges will be invoiced monthly(12 invoice periods per year) Payment is due within forty-five(45) Days of receipt of invoice Thereafter, interest will be charged as allowable by law but in no event more than 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 engineer, 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 Circuits will not be activated until appropriate approvals have been received, as defined below I-Net City of Kent 5 of 34 CONTRACT NO 01 COK11 7.5.1 INTRA-AGENCY CIRCUITS There are two potential types of inter-agency circuits 7.5.1.1 I-Net Site to I-Net Site Inter-agency connection requests require the approval of the Primary Contact of each customer involved in the circuit connection 7.5.1.2 I-Net Site to External Agency Connection requests between the customer and an external service provider or organization must originate with the customer The County will facilitate the connection between the two via the I-Net NAP or as worked out with the customer and its provider 7.5.2 CIRCUIT CHANGES All requests for circuit additions or changes shall be in writing from the Customer A work order will be generated based on this request A Connectivity Change Request Form is provided in Attachment B 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 If it is an additional cost item, it must be approved in writing by the Customer and the cost will be added to Customer's invoice in the next billing cycle The County will typically provision new ATM circuits within ten (10)days of receipt of a signed change request order and I-Net engineering approval of the change 7.5.3 NETWORK ACCESS POINT(NAP) POLICY I-Net has a Network Access Point(NAP)that is the interconnection point between I-Net customers, the connection point with our Internet Service Providers, and is a peering point for local transit peering agreements in which we participate Due to the criticality of the NAP, a limited group of specially trained technical staff has the privileges to make changes to these systems 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 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 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 I-Net City of Kent 6 of 34 CONTRACT NO 01 COK11 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 Risk of Loss I-Net Users Shall be responsible for loss of or damage to I-Net equipment provided to Customer under the terms of this Contract however caused 11.3 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 CUSTOMER SHALL PROVIDE A MINIMUM OFSIXTY(60)DAYS WRITTEN NOTIFICATION TO THE COUNTY OF PROPOSED DESIGN OR ARCHITECTURAL CHANGES TO ALLOW THE COUNTY SUFFICIENT TIME TO REVIEW FOR COMPATIBILITY WITH I-NET EQUIPMENT AND SERVICES IF THE CHANGE IS COMPLEX IN NATURE, THE COUNTY MAY REQUEST ADDITIONAL TIME TO PERFORM ITS REVIEW 13. Force Majeure The term'force majeure°Shall include, without limitation by the following enumeration acts of nature, acts of civil or military authorities, terrorism, 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 I-Net City of Kent 7 of 34 CONTRACT NO.01 COK11 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 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 15. Nondiscrimination 15.1 No Discrimination. 151 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 151 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 slhe 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 151 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 1514 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 151 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 151 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 151 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 1-Net City of Kent 8 of 34 CONTRACT NO 01 COK11 16. Termination This Contract may be terminated only in accordance with the provisions of Attachment F— Termination 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 here from 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 171 1 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 Part from seeking relief from the Kin Count Superior Court Y 9 9 Y P 171 2 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 171 21 If a dispute arises, then (i)within ten (10) business days of a written request by either Party, County's Protect Manager and Customer's Site Manager Shall meet and resolve the issue, if these Parties cannot resolve the issue within ten (10) business days of the meeting, then (n)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 (m)the issue Shall be submitted for resolution to the King County Director of Information and Administrative Services and Customer's business contact I-Net City of Kent 9 of 34 CONTRACT NO 01 COK11 17.2 Mediation and Arbitration 1721 Nothing in this subsection precludes any party from seeking relief at any time from King County Superior Court in Seattle, Washington 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 resolved by arbitration but is not required to be resolved by arbitration, and judgment upon the award rendered by the arbitrator may be entered in King County Superior Court in Seattle, Washington 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 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 Demarcation Points The 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. 18.2 Network Infrastructure Upgrade and Migration Network Infrastructure Upgrade and Migration refers to protects that provide for the upgrade 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, 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, if applicable 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 I-Net City of Kent 10 of 34 CONTRACT NO 01 COK11 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 19. Service Levels Service levels and corresponding prices Shall be provided in accordance with Attachment A- Site locations covered by this Contract and Attachment H— Service Levels. Procedures for reporting and handling problems are also contained in this Attachment H 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 do not move, alter or use the equipment in any way without the written permission of the County 22. Security The Customer Shall ensure that all I-Net equipment is 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 and fibers 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 I-Net City of Kent 11 of 34 CONTRACT NO 01 COK11 The County requires the installation of security measures as a condition of starting or continuing to receive ]-Net Service and may change those requirements from time to time 23. Entire Agreement This Contract contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract 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 CITYOkKENT X _ King unty Executive Title: ti�(c'fSS �-_r Print Name. Print Name: �aVr 0. 4,oT W4*1 � Date. Date: ( 2 Z© S Approved as to form only by King County Deputy Prosecuting Attorney Date [-Net City of Kent 12 of 34 CONTRACT NO. 01COK11 Attachment A-Thru 12/31/2013 - Site Locations Covered by this Contract 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, package, tier and cost for each Site covered under this Contract See Attachment G for details of the service offerings identified on the following page City Of Kent Contract No. Pro�i�ion Fees Per Site $1,40 Additional Site Provisioning Cost(s) Per Site $32 (if needed) Site Visit Required $ 150 per hour Additional Services—No Site Visit Required $ 150 per hour Per hour Service Provisioning $ 150 per hour Per hour Total Non-Recurring Charges I-Net reserves theright to uses are I-Net fiber that runs to customer sites for future I-Net uses ' Provision Fees include$1,000 for Hardware and $400 for Provisioning Services SERVICE OFFERING ABBREVIATIONS See Attachment G for descriptions of the.service offerings below Basic Service B1 Limited Basic Services L1 Bandwidth Only Service(King County) BOSKC Local Ethernet LE Regional Video Conferencing Service RVCN Transparent LAN Service TLS 8X5 Support 24x7 KC/IGN IGN T1 T1 Additional Internet Bandwidth AIB Professional Support Services PSS Additional I Addresses AIP Other Services I OS I I-Net High Speed/Gi E IHS/G I-Net Internet Service IIS Demarcation Specify Specify Site Equipment Monthly Si te Access E ID Site Name Hub Name Street/City Contact Point Owner Service Tier 1 or Cost Equipment Offering Tier 2 City of Kent 24811 116i" Fire Station B-1 2084 Fire HQ Kent Visa Ave SE Kent, Galen Hirschi 74 KC I-Net 8B 24X7 NIA $971 Station 74 WA 98031 7 Additional Blocks oflP $448 Addresses ($64 each) Monthly Total $1,419 I-Net City of Kent 13 of 34 CONTRACT NO 01 COK11 Attachment B — I-Net Connectivity Change Request Form As specified in Section 7 Charges and Payment Procedures E-mail this form to inst.operations(&-KinaCounty.aov Information Required Column to Provide Information Date of Request Customer Agency Requestor's Name Please indicate if you are the Primary or Backup Contact for this Agency Primary Contact Backup Contact Please provide a brief description of the request Sites involved in change (please include site name and address and I-Net site number if known) Duration of Change _Yes _No Is change permanent? (check one) Duration of Change Yes _No Is change temporary? Duration of Temporary Change If yes, specify the duration of the temporary change All change requests must be submitted and signed by either the Customer Agency's Primary or the Backup Contact and will be implement d per the terms of Customer's I-Net Contract X Signature Name: Title" Dated 4. I-Net City of Kent 14 of 34 CONTRACT NO.01 COK11 Attachment C - Appropriate Use Policy •3 IMPORTANT: The County's agreements with Comcast Corporation prohibits the County from building or running a cable television network or any commercial for- profit endeavor over the fiber optic cable. The restrictions in the franchises flow down and apply 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 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 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 [-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 Count may monitor the I- P P Y 9 9 Y 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, I-Net City of Kent 15 of 34 CONTRACT NO 01 COK11 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 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 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", "madbombing", "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 -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 I-Net City of Kent 16 of 34 CONTRACT NO 01 COK11 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, low-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 Bandwidth Only Product Bandwidth Only Product provides a Transparent LAN Service (TLS), or Asynchronous Transfer Mode (ATM) technology Maintenance can be included at an additional monthly fee based on the number of Customer sites, and the hours of service required by the Customer Bandwidth Only Service Bandwidth Only Service provides a Transparent LAN Service (TLS), or Asynchronous Transfer Mode(ATM)technology 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-1, 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 I-Net City of Kent 17 of 34 CONTRACT NO 01COK11 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 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 for the specific Site locations included in this Contract 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 Demarcation 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 I-Net City of Kent 18 of 34 CONTRACT NO 01 COK11 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 ComcasUs primary ring or one of its secondary rings I-Net 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 I-Net High Speed/GigE(IHS/G) Provides high-speed transport connections between facilities This service is available where fiber optic strand availability permits I-Net Internet Service(IIS) Provides a minimum of 10Mbps access (up/down)to the Internet via I-Net Designed for customers with a single location or deployment site and requires access to information outside of their network via the internet This service is available where fiber optic strand availability permits Integrated Access Device or IAD A physical device which is capable of forwarding packets between legacy interworking interfaces (e g , Ethernet, Token Ring, T-1, 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. 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 Local Ethernet Local Ethernet provides a means of extending a customer's LAN between its facilities, but only within the area served by the local service Hub and is subject to fiber availability It provides service at higher speeds of up to 1 Gbps Limited Basic Service The Limited Basic Service(1-1) provides a 1 5 Mbps connection served from an Ethernet port and eight (8) IP addresses A one (1) year contract term is available for this service, and no additional options can be added without upgrading to"Basic"services 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 I-Net City of Kent 19 of 34 CONTRACT NO 01 COK11 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-1) remaining endpoints 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 Budding in Downtown Seattle NMS or Network Management System A system of Hardware and Software that 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 OIRM or Office of Information Resource Management An Office of the King County Executive Office within King County government. OSI Open Systems Interconnect A network model developed by the International Standards Organization 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 API to utilize ATM services, for example Circuit Emulation Service Point-to-Point Connection A connection with only two endpoints PRI Primary Rate Interface An ISDN standard for provisioning of 1 544 Mbit/s (DS1 -North America, Japan, et al)or 2 048 Mbit/s (E1 - Europe) ISDN services DS1 is 23"B" channels of 64 kbit/s each and one signaling "D"channel of 64 kbit/sl E1 is 30 "B"channels of 64 kbit/s each and one signaling "D" channel of 64 kbit/s I-Net City of Kent 20 of 34 CONTRACT NO 01 COK11 Provider King County Institutional Network(I-Net), as managed and operated by King County Office of Information Resource Management I-Net Operations 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 [-Net services 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 Site A single building or location Each Site is counted as a unit for purposes of the Customer's Use Charge 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 I-Net City of Kent 21 of 34 CONTRACT NO 01 COK11 The process of confirming that the equipment and fiber provides the services to the Customer's site as described in this Contract Transparent LAN Service (TLS) Transparent LAN Service is a LAN extension service It uses reserved fiber and is available to establish connections spanning the entire I-Net service area, if needed TLS is typically delivered as Ethernet over a 10/10013aseT connection However, it may be delivered using either a fiber optic pair running Ethernet or ATM, depending on other requirements of the Customer The speed is adjustable from 15 Mbps to 100 Mbps This is a bridged LAN connection that conforms to RFC 1483, also known as Multi-protocol Encapsulation over ATM Adaptation Layer 5 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 ]-Net services at a facility controlled by a Customer WAN 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 I-Net City of Kent 22 of 34 CONTRACT NO 01 COK11 Attachment E - Key Persons The Customer's 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 Customer's 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 Customer's 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 Customer's Site Access Contact will provide physical access to the I-Net equipment at an individual Site The contact is listed in Attachment A-Site locations covered by this Contract The Customer Shall provide updated information to the County within five (5) business days should this contact information change Contact information updates, will not require an amendment KING COUNTY CITY OF KENT I-Net Management Contact Primary Contact Darryl Hunt, Manager, KCIT Customer Services James Hettrick,Technical Services Manager 401 5th Avenue, Seattle,WA 98104, 7th FI 220 4`h Ave South, Kent,WA 98032 Phone 206-263-7890 Phone (253)856-4610 E-mail daml.hunt@kmgcountv.gov E-mail ihettrick0ci.kent.wa.us I-Net Technical Contact Back up Contact Fred Grannan, Manager, KC Communications Galen Hirschi, Network Engineer 401 5th Avenue, Seattle,WA 98104, 7th FI 220 4'h Ave South, Kent,WA 98032 Phone 206-263-7935 Phone (253)856-4614 E-mail fred grannan(&kingcountv.gov E-mail ghirschi@ci.kent.wa.us Invoicing/Payments Technical Contact Junko Keesecker, Business and Finance Officer Chris Beagle, Network Engineer 401 5th Avenue, Seattle,WA 98104, 6th FI 220 4t'Ave South, Kent,WA 98032 Phone 206-263-7897 Phone (253)856-4612 E-mail iunko.keesecker(a)kmgcountv.gov E-mail cbeagle@ci.kentwa.us Contracts/Amendments Site Access Contact Marilyn Pritchard, Sr IT Contracts Specialist Galen Hirschi, Network Engineer 401 5th Avenue, Seattle, WA 98104, 6th FI 220 4`h Ave South, Kent, WA 98032 Phone 206-263-7961 Phone (253)856-4614 E-mail Manlvn.pntchard(&kmgcountv.gov E-mail ghirschi(fti.kent.wa.us I-Net City of Kent 23 of 34 CONTRACT NO 01 COK11 Attachment F - Termination 1. 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 (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 2 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 3 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. City funding under this Contract beyond the current appropriation year is conditional upon appropriation by the Kent City Council of sufficient funds to support the activities described in this Contract. 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 I-Net City of Kent 24 of 34 CONTRACT NO 01 COK11 Attachment G - Service Offerings List through 12/31/2013 The following abbreviations have been assigned to the service offerings to represent the offerings below SERVICE OFFERING ABBREVIATIONS See Attachment G&Attachment H for descriptions of the service offerings below Basic Service 131 Limited Basic Services L1 Bandwidth Only Service(King County) BOSKC Local Ethernet LE Regional Video Conferencing Service RVCN Transparent LAN Service TLS 8X5 Support 24x7 KC/IGN IGN T1 T1 Additional Internet Bandwidth AIB Professional Support Services PSS Additional IP Addresses AIP Other Services Os I-Net High Speed/GigE IHS/G I-Net Internet Service HIS 1-A. Basic Service(B1): The Basic Service (131)provides 6Mbps with surge to 20Mbps Transparent LAN Service (TLS) connection that bridges a Customer's Ethernet LANs The service also includes two T-1 circuits capable of interconnecting two PBX's, two routers and/or video conferencing equipment equipped with a T-1 interface card and 16 IP addresses It also includes a 1 5Mbps with surge to 20Mbps connection to the Internet Network Access Point(INAP) and 1 5Mbps with 8Mbps surge connectivity to the Internet 2-A. Limited Basic Service (L1): The Limited Basic Service (1-1) provides a 1 5 Mbps connection served from an Ethernet port and eight IP addresses A one year contract term is available for this service, and no additional options can be added without upgrading to"Basic" services 3-A. I-Net Bandwidth Only Service (BOSKC): The Bandwidth Only Service (BOSKC) provides a Transparent LAN Service(TLS), or Asynchronous Transfer Mode(ATM)technology Bandwidth levels available for purchase are, 15, 30, 50 and 100Mbps An option to purchase a separate maintenance service is available The monthly maintenance charge is calculated based on the number of Customer sites, and a desired service hour duration 4-A. Local Ethernet Service(LE): This is a local area network (LAN) extension service A Customer's sites must use the same (local) I-Net service hub Sites are served based on the availability of spare fiber optic cable There must be an Ethernet switch installed in the service hub for which the Customer pays a provisioning fee Bandwidth use is not metered Local Ethernet service is offered at 100 Mbps and 1 Gbps All fiber optic site cable runs back to an I-Net Hub All local Ethernet fiber usage is based on fiber availability Customer must purchase either I-Net Basic Service for at least one site to be eligible for Local Ethernet Service to the other sites fed out of that same The County ensures that Ethernet frames are being forwarded without error If a service 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 I-Net City of Kent 25 of 34 CONTRACT NO 01 COK11 5-A. Regional Video Conference Network Services (RVCN): I-Net currently offers a Regional Video Conference Network Services (, typically through a deployment of Marconi "Virtual Presence" (ViPr)equipment This is high quality video and audio communications currently offered over a secure private fiber network The service includes network transport (ATM)and gateway service permitting conferencing with video terminals on other networks via IP, using SIP and H 323 protocols, or Integrated Services Digital Network (ISDN), using H 320 protocol Conferences supporting up to 100 simultaneous terminals are possible with this service The Customer is required to purchase their videoconferencing terminal The preferred and only officially supported terminals for this service are Ericsson ViPr A range of conferencing units are available from individual desktop systems to larger group conferencing systems Video Hardware Maintenance: Agencies of King County may purchase hardware maintenance at cost for specific models of video terminals 6-A. Transparent LAN Service (TLS): This is a LAN extension service It provides wide area connectivity Unlike Local Ethernet Service, TLS uses reserved fiber and is available to establish connections spanning the entire I-Net service area, if needed TLS is typically delivered as Ethernet over a 10/100BaseT connection However, it may be delivered using either a fiber optic pair running Ethernet or ATM, depending on other requirements of the Customer The speed is adjustable from 15 Mbps to 100 Mbps This is a bridged LAN connection that conforms to RFC 1483, also known as Multi-protocol Encapsulation over ATM Adaptation Layer 5 7-A Additional Internet Bandwidth (AIB) I-Net offers additional Internet bandwidth upon Customer's request increments of 1 5 Mbps Separate monthly charge applies 8-A 8X5, Regular business hours support service: Support is provided Monday through Friday during regular daytime hours except on legal holidays The targeted initial response time will be 30 minutes Problem resolution begins no more than two (2) hours after the initial report Work on problems will continue within these regular business hours It will only continue beyond these hours if escalated by the Customer and with approval of I-Net service management 8X5, Regular business hours support service is included with video conferencing service and not available for any of I-Net's other services 8-B 24X7, Regular business hours support service: Support is provided 24 hours a day, 7 days a week, every day of the year The targeted initial response time will be 30 minutes Problem resolution begins no more than two (2) hours after the initial report Problem resolution work will continue until resolved 24X7, Regular business hours support service is included with I-Net's Basic and Limited Basic services, optional with Bandwidth only and local Ethernet services, and not available for video conferencing services 9-A KC/IGN Connection: The KC/IGN is the common data network used to connect to state agencies, counties, and cities with known end points, managed gateways, and applications 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 statewide Customers connecting to the IGN must adhere to security guidelines published by Washington State Department of Information Systems (DIS)that pertain to this network This service is bundled with both I-Net Basic and Limited Basic Services The existing KC/IGN is maintained by King County Network Services and is connected to the Washington State Department of Information Systems (DIS) state-wide Inter-Governmental Network (IGN) I-Net City of Kent 26 of 34 CONTRACT NO 01 COK11 10-A Additional T1 Connection: A dedicated connection supporting legacy data and voice applications at a fixed rate of 1 544 Mbps This offering 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 11-A. Additional IP 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 12-A Professional Support Services(PSS): Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of I-Net The scope, duration, and rates, will vary as will the skill sets of professionals involved Here are some examples 1. Network Engineering Service: 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, hourly or per job The typical rate for in-house staff is $80/hr Outside resources will normally demand a higher rate up to$150/hr This service is subject to staff availability 2. Solution Architecture: This architecture work is to aid in adapting and scaling applications to operate optimally in an I-Net enabled network environment The hourly consultation is at the market rate This may entail using in-house staff or may require outsourcing to obtain the resources with the correct skill set 3. Project Management Service: This service will provide overall management of work performed by multiple third parties for a Customer that may be 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 protect cost 13- I-Net High Speed IGigE (IHSIG): Provides high-speed transport connections between facilities This service is available where fiber optic strand availability permits 1. Only Customers with at least one Basic service Site or at least a minimum bandwidth purchased of 15 Mbs will be eligible to acquire I-Net High Speed services 2. Equipment connected to I-Net fiber will be controlled by the County 3. A design will be developed for the service 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 4. The cost for Customer required hardware will be pro-rated over the contract term for Customers that purchase this service with or without hardware 5. I-Net High Speed/GigE (1 GigE or 10GigE) include the following Speeds of 1 GigE or 10GigE 6. 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 I-Net City of Kent 27 of 34 CONTRACT NO 01 COK11 14-I-Net Internet Service (IIS): Provides a minimum of 10Mbps access (up/down)to the Internet via I-Net Designed for customers with a single location or deployment site and requires access to information outside of their network via the internet This service is available only where fiber optic strand availability permits 1. Only Customers with existing connections to I-Net will be eligible to acquire I-Net Internet Seance Use of INAP for PTP site communications is not a feature of IIS 2. Equipment connected to I-Net fiber will be controlled by the County 3. This bandwidth will be delivered over the connection to the INAP 4. Customers will receive the use of 4 non-portable IP address from King County's Class B address space 146 129 X X S. 8 x 5 support standard The Customer will be able to call the I-Net NOC for technical support or to initiate a trouble ticket Monday—Friday from 8Am thru 5PM 6. A design will be developed for the service 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 7. Customers may purchase add-on services: a 24 x 7 support can be purchased as an add-on service Available 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 b With subscription to IIS, LBO, or Basic services, additional bandwidth can be purchased from the minimum 6Mbps up to 100Mbps c S. IIS does not include bandwidth surging, structured or un-structured t1 lines, 247 support service, KC/IGN access, or access to other I-Net agencies via I-Net's INAP 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 The County provides 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 I-Net will only provide transport from suburban cities to KC/IGN and will not be involved with application incidents and issues If a service 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 I-Net City of Kent 28 of 34 CONTRACT NO 01 COK11 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 Customer circuits will be up and operating satisfactorily at least 99.9%of the time, as measured over each billing period Scheduled maintenance time is not included in this calculation 3. Maintenance Window Regularly scheduled maintenance refers to upgrades and non-emergency repairs that are not the result of an emergency Scheduled maintenance procedures may be performed on Sunday mornings between 06 00 and 09 00 Notice will be given to the Customer of planned network outages when such an outage will affect Customer An I-Net Outage Notification list, comprised of the Customer's 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 [-Net network core is a redundant,failover network Recovery due to a network break 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 I-Net has connections at sites for redundant connections to the border environment that connects with the mternet 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 the Customer then believes it is an I-Net circuit problem, the Customer's designated Technical Contact(s) shall contact the OIRM 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 • OIRM 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 I-Net City of Kent 29 of 34 CONTRACT NO 01 COK11 6. Problem Escalation I-Net Operations will attempt to begin resolution of most problems within two(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 The estimated time to repair will depend on the determination of whether or not the issue is outside the control of OIRM, such as a fiber or power outage, or within the control of OIRM e If, after two(2) additional hours, the problem resolution has not been resolved (within the parameters of the support window and problem severity), the Customer may contact the OIRM Operations Manager to escalate the problem priority At this point, the Operations Manager will assess the internal or external situation, escalate the trouble ticket's priority as necessary, and provide a best estimate of time to repair completion 7. Support Services Levels of support vary when purchasing bundled services The section on offerings, or service bundles, shows the levels of support available for each Here is more general information on the support levels 8 x 5 Support: This is the default level of support provided for all services unless otherwise specified Support is provided Monday through Friday during regular daytime hours except on legal holidays The targeted initial response time will be 30 minutes Problem resolution begins no more than two(2) hours after the initial report Work on problems will continue within these regular business hours It will only continue beyond these hours if escalated by the Customer and with approval of I-Net service management 24 x 7 x 365 Support: Support is provided 24 hours a day, 7 days a week, everyday of the year The targeted initial response time will be 30 minutes Problem resolution begins no more than two (2) hours after the initial report Problem resolution work will continue until resolved Support Surcharge: 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 charge is hourly with a one hour minimum Professional Services: Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of I-Net The scope, duration, and rates, will vary as will the skill sets of professionals involved Here are some examples e Network Engineering Service: 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, hourly or per job The typical rate for in-house staff is $80/hr Outside resources will normally demand a higher rate up to$150/hr This service is subject to staff availability e Solution Architecture: This architecture work is to aid in adapting and scaling applications to operate optimally in an I-Net enabled network environment The hourly consultation is at the market rate This may entail using in-house staff or may require outsourcing to obtain the resources with the correct skill set I-Net City of Kent 30 of 34 CONTRACT NO. 01 COK11 • Project Management Service: This service will provide overall management of work performed by multiple third parties for a Customer that may be 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 protect management tasks may be considered Charges for the service will be a fixed percentage of the estimated total protect cost 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 Customer's Monthly invoice 8. New Service Requests The workflow and timing for 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 • For sites already receiving I-Net service, I-Net will add new services requiring only a software change within ten (10) business 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 Upon receiving I-Net engineering and the Customer's approval, I-Net will complete a work order and obtain written approval from the Customer This approved work order will be processed by the County for Customer billing • For new I-Net service, 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 • 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 a written request for the service from the Customer's Primary Contact 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 and will be activated as mutually agreed upon For all services provided to Customer that requires engineering, design, or installation services by the County, an hourly fee will be charged as specified in Attachment A Service cannot be activated without a fully executed Contract in place OIRM Contract Administration is responsible for managing the contract development process with the active support of OIRM marketing and NSO management staff as required I-Net City of Kent 31 of 34 CONTRACT NO 01 COK11 9. Tier 1 and 2 Support Tier 1 Support: I-Net Customer will be the first level support responsible for; managing, monitoring, maintaining, and supporting equipment and maintenance agreements which have been transferred to County ownership Customers with tier responsibility will have write changes to the switch Tier 2 Support: I-Net will have access to switches with privilege access to enable and disable (control) ports on the switch Once Tier 1 identifies and escalates the issue, I-Net will verify the Customer issue, fix the switch or if the fiber appears down, I-Net engineer will schedule a time and date with Comcast dispatch for repair I-Net City of Kent 32 of 34 CONTRACT NO 01 COK11 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 THE COUNTY CAN NOT GUARANTEE CONTIGUOUS IP ADDRESSES WHEN CUSTOMER IS PURCHASING ADDITIONAL IP ADDRESSES, UNLESS AGREED TO IN WRITING BY THE COUNTY. I-Net City of Kent 33 of 34 CONTRACT NO 01 COK11 Attachment J — Evidence of Insurance Coverage I-Net City of Kent 34 of 34 CONTRACT NO 01 COK11 ,a CORV CERTIFICATE OF LIABILITY INSURANCE 1;20/2011 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 pollcy(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) CONTACT PRODUCER NAME Alllant Insurance Services, Inc. PHONE FAX 720 Olive Way, Suite 1700 A�AIL No EXt - - AIC No - - Seattle WA 98101 ADDRESS PRODUCER CUSTOMERID# KE583802 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA Princeton Excess 10786 City of Kent INSURER 220 Fourth Avenue South Kent WA 98 032-5895 INSURERC -- INSURER 0 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER.1713712895 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 CONTRACTOR 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 rypE OF INSURANCE ADDL SUBR LICY EFF PO POLICY EXP LIMITS LTR IN R WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A GENERAL LIABILITY N1-A3-RL-0000069-00 1/2/2C11 _0/1 12C 11 EACH OCCURRENCE $5,000,000 DAMA R NTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE DOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POLICY F7 PROT LOC $ A AUTOMOBILE LIABILITY Nl-A3-RL-0000069-00 1/1/2011 10/1/2D11 COMBINED SINGLE LIMIT $5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTO$ $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ER ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA EL EACH ACCIDENT S OFFICERIMEMEER EXCLUDED (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,0 more space Is required) CERTIFICATE HOLDER CANCELLATION 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 Office of Information Resource Management 401 Fifth Avenue, Suite 600 AUTHORIZED REPRESENTATIVE Seattle WA 98104 ©1988-200P ACORD CORPORATION All rights reserved. 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