HomeMy WebLinkAbout03-15-2004 ITEM VIII-B-3CITY OF_Ik
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WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
King County Institutional Network Services INET
Larch 9, 2004
Department:
Attachments: Resolution No. 3702 &
Budget Impact:
Finance
Interlocal Agreement No. 03COA04
Administrative Recommendation*
City Council adopt resolution N. 3702
Bac n Sur parr :
The City currently uses a combination of services from the State of Washington n Department of
Information Services and Qwest to serve our Internet needs including connections to Valley
Communications and city network dial in access PN for staff and Council.
In 1998, T 1, through franchise agreements, installed a high-speed fiber network that has connections t
all ding Counter cities, libraries and schools. ding County maintains the central data center fir connecting
these cities to each other and to the Internet. This service is called the ding Counter Institutional Network
r INET.
The attached interlocal agreement would aIIow the City of Auburn to connect to the ding Counter INET
giving us faster Internet access at a lower cost than our current service provisions.
N0315-2
A1.3r A2.1.1
Reviewed by council & committees:
Reviewed by Departments & Divisions
❑ Arts Commission COUNCIL COMMITTEES
❑ Airport
❑ Human Resources
❑ Hearing Examiner ❑ Finance
❑ Building M&O
❑ Human Services ❑ muni ipal Serv,.
❑ Cemetery ❑ Magor
❑ Library Board [:]Planning & CD
❑ Finance ❑ Parks
❑ Park Board ❑ Public Works
❑ Fire ❑ Planning
❑ Planning Comm. ❑ Other
❑ Legal ❑ Police
❑ Public Works
Action;
Committee Approval: ❑yes [-]NO
CouncilApproval; [-]Yes [-]NO Call for Public Hearing
Referred to Until
Tabled Until
D un ilmernber: Backus u Staff: Coleman
Meeting Date: March 1, 2004 Item Number: VIII.B.3
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION ISO.3 7 0 2
A RESOLUTION F THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR ANIS
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY FOR INSTITUTIONAL
NETWORK K SEF ICES
WHEREAS, EAS, ling County offer ]-Net services to municipal, c% unty,
school, library and other governmental and non-profit agencies; and
WHEREAS, EAS, the City of Auburn grants to purchase I -Net services; aind
WHEREAS, EAS, ding Counter and the City of Auburn are authorized to enter
into this agreement; and
WHEREAS, it is in the public interest for the parties to enter into an
agreement for Institutional Network rk Services.
NOW,- ; THEF EF r E, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, IN A REGULAR LAF MEETING DULY
ASSEMBLED, herewith resolves that:
Section I - The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and Ding County for Institutional Network Services which agreement shall be in
substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Resolution N. 3702
March 10, 2004
Page 1
section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
5
this legislation.
Section 3, This resolution shall be in full force and affect upon
passage and si ni tur s hereon.
DATED and SIGNED this day of
CIN OF AUBURN
PETER B. LEIS
M"OR
ATTEST:
Danielle E. Dash am,
City Clerk
APPRQVED AS TO FORM:
Daniel B. Held-,
City Attorney
Resolution No. 3702
March 10, 2004
Page 2
d).004.
Contract Between
King County, Washington
And
The City of Auburn
For Institutional Network Services
CONTRACT NO. 03COA04
TABLE OF CONTENTS
1 • Preface ..........................rrrrr....................................iii.rrrrr.......iii..............................................................
■ Recitals ............4..............rrr..............................rrrrr............................................. a
4 44•.*•r•r..........rr.rrr...■;;r.a;
3
� �:
Definitions
. i� i ini i ori.......................................rrr.....................rrr............................................................................
4. Use of the I -Net ..................iii......r................................... h air.rrrrr.r...........aar............................................
nn of
■ Te 11�+ ■iii* wr;i;;i�fiiiriiiiiii�i�ii r�rrrr����isrrrrii ...........................+++.+*+++rt+s-..+t..................+...........
4
. Notice.............;;;;;;;.............rrrr................................r4............;r...............................r................................4
6.1 Notices To County for Service Matters .......■..■.......■......................4.......rrrrr....................;;;..........♦...
4
6.2 Key Persons ...iiia rrrrr.........................;..............r.......r.rr.r.........................r........................................
5
. Charges and Payment Pi oc'edures ......;;aiii .............................iii.................................rrry......................iii.
V/
'7.1 Invoiced Charges......•�.,a......#�..............................+.....+.+..+.+.+rt...rt...............,....,....................................
.. 5
� n
7.2 Installation Mimed Monthly
l i e ■.....iii............i;;;;0-00-.5
. Invoicing and Payment ....rrrrr............rrr............................0.0......rrrrr..................4X..............................
44 New Site Costs ;;;;4r rr....... o.... o.o... rrr-;rr+;4..............................r..r................................... r............... or......
7.5 Circuits: Types andi�Lfl o ala ■...... ........rrr..................................................rrrrr...............................
5
i• f l Intra -Agency Circuits ..................................................................rrr....q....................................
7. 5.2 Inter -Agency ncyCircuits.............................................. q...............a...............................................
7.6 Initiation or Change Requests.....................r..............+........................,..........................................
f ri V Cost Change ......rrr.o-o...............44......................rrr.......a...............................;rr;;rq........ rfgq..gq........
■
r Reporting .r*rarr4.rrrrrr.....■...rrr.■■................ ......r.......rrr.rrrrrrr.rrr■■■a.......•............■.a•.....................................r.. 6
fi
I • sub -contracting .......... 0&*0000001 rrsN 091 olii. 1000 i...*..rrrrr*rrr*.rrrrr*rrrr�r4i.*....***......r.routmmrrrr**r*rrrrrrrrr.*.*..i me o*. m.r*.rrrrrrr 6
10. Insurancerrr.;rr#****;***;4;f;;F4��•r#4;i;4;a;i�ii4*i*;rrrrr#rrr4**rr*i4*4a}r*4}4a4�.r*r}rr;*rr;;*r*};;r;;;4a+rrrrrrri
11.1 Limitation of Liability .rrr.■.........■..■.....••rr..r. rrrrrrrrr...rr.r.....r.•rrrrrrrrrrrr.rrry......rrry.r. ......rrrrr.rrt...r.rrr...r..rr
11.2 . Survival ival..................#r.rr.;rr;;;i.....;.;;aa...r;*r��44i�r4�}*�4a�#;.a;ia...r*r.............................. ...............;rirrr4f r*;;i;4;
12. . �/ha rd raY .rrrrrr.r...rrr����ia....i..........r..rr��..iii r��r��.��...i...*..rrrr��r���arrrrra rr r.r..�.i����.is..i�.a���rri��r.�r.������.rt.a� 7
Change
1 . Force Maj rr*rrr..... *fr*.i..;.ii;i;r;fa;*i.rrtrf off 44;;0446;4644i4a rwi;.w;;f rffff;;;i;�f#*f;w...;r.r�;F;;;4;;;***ww*i..f...*Par*.**.*.i..i*.i
r��rrrr .....................r*.r...rrr...................r.r....r.r.......................r.....................................rr..
Severability .....8
*14.
1 Nondiscrimination..........q .................................. .i;#;*.�r�*;*rrt*r.;..ii*..;...i.ir....r*r****ff.i*r**r*..**...i*.�r*.i�.iii.......
'
15.1 N lye ri iii iVn.........;....r..rrrrrrrrrrr......r..........r..rrr.rrrrr.........;...i;aar........rrr;r.;rrr..........4........4.......0..
16. Termination ....aa.ar.rr.r.............r..r rrr r ........... rrr r....... rr...rrr■rr.......r...•.......... r....■rrr.....rrrrrrrrrrrrrr........... .rrrrr.
17. Applicable Law and Forum...... ...............* .rrrrr..... rr.rrr............rrrrrrrr.....r.rr...rrry..•.rrr.rr.rrrrrrrrr F..rr.r•;•.r;+***
1 7.1Dispute Resolu7►ion Mediation a.a.......0....................... 0..rrrrrr...rrrrr.rr...... 0.rrr......rrrrrrr*rr�F;;**.rr ......rrr 9
17.2 .2 Mej , iation and Arbitration ..................... rrrrr*rrrr.arr.....a......rr.rrrrrrrr...r............rrr...........a.......
18. Services ■ ices to Provided Ii ti.........*..rrr..ori....* rrr rr r ......................................... 0........
1801 Hai'idc Demrca 1 Points .......................... .;;;;;r ................... 4r;;r..;;.4..,............................... 1
19. Service Levels ;;;;r;■;.a.. F rfrrar4.4...a..rr.■;;;rrr....a;;#;#■■.....■.........0................................................ 0..;4#i 1
20. Services Not Provided b I -I et.....,r;r♦;r#.......................... 0...iii................ rrrr......... r.r..r.r...................... 10
1■ Service w7 itts..........q...i..... o.rrry........................ 0rrr.........................r............. r.......................;r; 1
. Security....... ................................. rrrrrrrrarr..a....a..a............rr*4............ 4........................rrr.................... 0... 1
Attachment A — Site locations covered by this Contract, and Site Access Contact for each Site....,... .... Errorl
Bookmark not defined.
Al. aciiment - Connectivity Change Request i onn......;.
1
Attachment C - Appropriate Use Policy ................■rrr.......r.■r....;a;;.■0...;.......■..............r4�.4#..;.#..4.......rr.r..rr......
1
Attachment - Definitions............... rr*r.......��..i...*rrrrr......rrrr���i......rrrrrrra�rrrrrrr�rr4r*rr...�a�##;;;w.;.;;;;44f;f�tf;+f44f;;;;*•I1
''
Attachment E - Key Persons .......................;r;.;;............;**f t......iii... rrr r...... ..r.r....a..................a.+r.;
AttachmentF - Termination■....;.;.;r;.........444r...#.#r.;r;r•;r#r;r;;#rr.........r.rrrf..... rrrr..r..rrr■....■..............a4..4+....44........
24
Attachmentent G - Service Lis } ..... q......... r........ q..iii....rrr...... 0.0 ........................... r........rrr;iii............ .;****..4*...iii.....
Attachment H - Service Levels els.........r............q......... 00...... rrr........... r r........rrr..r.-r.araar;;..4�4aa;i................ qq..;.i.....
a�a
V
Attachment 1 i - Service ice L T els ;;..r... moo ......... 4 ................................. 0...... a...rrrrr..s..rr.r...;.44.............. o. o...............
28
Attachment Address
IP S p ace ............ .*f;;;......rr*.rr... rr*r.......... r........ o ................. r .......... rr*r.r...... o................
30
Attachment J --- Evidence of Insurance Coverage .....+ ...........................................................s.......................
31
Pg. 2 CONTRACT NO. 03COA04
This contract, made this by and between ding 0ounty,
Washington (hereinafter "County") and The city of Auburn, with its-,
principal place of business at 25 West Main street., Auburn, VISA
(hereinafter "Customer"), collectively the "Pries,"
I v Preface
This contract includes these terms and conditions and the following attachments:
Attachment A — Site locations covered by this contract and Site Ac.cess contact
for each Site
Attachment B — Connectivity Change Request Form
Attachment e — Appropriate Use Policy
Attachment D - Definitions
Attachment E — Ivey 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 "I -Net"); and
WHEREAS, the county offers I -filet services to municipal, county, school, library and other
governmental and non-profit agencies; and
WHEREAS, Customer wants to purchase l -Net servic6s as defined below; and
WHEREAS, the Customer agrees that it will use I -Net facilities and services solely for
educational, public ace'ess, County and government communication purposes, and not for any for-
profit commercial purposes by itself or third parties; and
WHEREAS, EAS, 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:
P. 3 CONTRACT NO. 03COA04
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, mascuflnet
feminine and neuter of the words and terms,
4. Use of the I=Net
The Met 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 Confect 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 rake 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 -- Appropfiate Use Policy.
Customer agrees that it Shall not resell any of the services provided ander this Contract without
the County's prior wriften permission, and Shall comply with A tt chmen C — Ap roria te
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 Skull renew
automatically, from year to year for a terra of five years, subject t6 theterms and conditions of
applicable franchise agreements as amended or the lease agreement: as amended, 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 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 Darty receives the Written notice.
6.1 Nofiices To County for Service Matters
Report 11 -Not Problems to:
I -Net Network Operations Center (County)
Voice: 206.263-7000
King County I -Net Operations Center
P. 4 CONTRACT NO. 0CA4
700 " Ave., Suite. 2300
Seattle, INA 98104
e-mail: inet., operati ns@metr kc.
Network Operations Center Supervisor
Karen Marc
200-203-4079 — Desk
206-399-7465 -- cellular
e-mail: Karen. mark a@metr l .gam
6,2 Key Persons
county and Customer have identified the persons listed in Attachment — Key Persons as
essential to the successful completion of the tasks identified in this contract. The roles wind
authority for each of these people Shall be as defined in Attachment E — Key Persons.
7. Charges and Payment Procedures
7A Invoiced charges
A service cost summary applicable to contract is provided in Attachment A -Site locations
covered lei Contract and Site Access Contact for each Site. I-1 et charges will
begin thirty 3 Days after this contract is signed by both Parties.
7.2 Installation and Monthly Fees
table indicating Customer Sites, service levels and costs as provided by this contract is shown
in Attachment -Site locations covered by thisContract and Site ices Contact
for each Site.
7. - 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 n+.1.1essary
to prepare, install and connect the new Site to the I- et, and the service rate. See ttac'hmen
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
Pg. 5 CONTRACT INTO. 03C A 4
Requests for Circuits where both ends are in Sites owned' or controlled by the sairne
Customer require only the approval of the Customer's Primary Contact.
*.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 ret 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 bequest Form as provided in Attachment
— 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 Customees Contracted Service, or an additional cost
item. If it is an additional cost item, the additional costs must be separately approved in waiting 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
onithe time necessary to implement the change request. The County will provide a written
estimate of the cost of the change as part of the Charge Order process.
8M, Reporting
The l -Net Network Operations Center will actively monitor the state of the network e.. , alarms
and errors, bandwidth utilization, and treading). Reports on the Customers 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,29! 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
P. 6 CONTRACT NO. 03COA04
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 id noe of Insurance
co fie and be incorporated by reference and Shall constitute compliance with this section. By
requiring such minimum insurance, neither Party shall be deemed or construed to have assessed
the risks that may be applicable to the other Party under this Contract. Each Party Shall assess its
own risks and, if it deers appropriate and/or prudent, maintain greater limits and/or broader
coverage.
11. Indemnification
Each Party Shall protect, defend, indemnify, and sage harmless the other Party, its officers,
employees, and agents from any and all costs, claims, judgments, and/or awards of darnages, 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 -het services provided by the
Contract to the extent each Party is liable for such acts or omissions. In the evert 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 Liraitatl n 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 evert occurring prig 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
n increase or decrease in the price (fees) for, or the time required for, performance of any park of
the Work under this Contract, the Parties Shall agree to an equitable adjustment in the Contract
Price, the delivery schedule, or bath. 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 vwrill constitute a binding Charge
Order unless confirmed in writing by the Parties.
13. Force Majeure
The terra "force majeur � Shall include, without Iim tation by the following enumeration: acts of
nature, acts of civil or military authorities, fire, accidents, shutdowns for purpose of ernergency
repairs, strikes and any other industrial, civil or public disturbances, causing the inability to perforin
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.
P. 7 CONTRACT NO. 03COA04
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, theM 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 reader 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
16.1 No Discrimination.
15-1.1 The Customer must comply with all applicable local, Mate 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 Fights 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 taping any retaliatory action against a person fuse 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
s a condition of taking servi
lce.
15.1.3The 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 ih which such group resides.
15.1.4 To the extent the County may enforce such a requirementt the Customer is
specifically prohibited from discriminating in its rates or charges or from granting undue preferences
to any individual or group.
15.1,6 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 disc#rirninate
against any person on the basis of rake, 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.
P. 8 CONTRACT NO. 03COA04
16, Termination
This Contract may be terminated only in accordance with the provisions of Attachment
Tennination.
17. Applicable Law and Forum
Except as hereinafter specifically provided, this Contract Shall be governed by and construed
wording to the laws of the Mate of Washington. Any suit arising herefrom Shall be brought in King
County Superior court, which Small 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
I, The Parties to this Contract may seek to resolve disputes pursuant to mediation a
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 canna be
resolved in the normal course, the following dispute resolution procedures Small be
followed:
A. If a dispute arises, then i within ten (1 0) business days of a written
request by either Party, County's Project Manager and Custorner's Site Manager
Shall meet and resolve the issue; if these Parties cannot resolve the issues within ten
{1 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 1 business days of submission to them, then(ii]) the issue
Shall be submitted for resolution to the King County Director of Infon nartion and
Administrative Services and customer's business contact.
17,2 Mediation and Arbitration
Nothing in this paragraph precludes any Party from seeking relief from ding 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 resolved by arbitration, and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof or litigation in
the Ying County Superior court. 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 [=Net
The specific services applicable to this contract are listed in Attachment -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 AffaOment G — Service List.
F. 9 CONTRACT NO. 03COA04
1 .1 HandoffiDemar sti n 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.
19. Service Levels
Service levels and corresponding prices'Shall be provided in accordance with Attachment H —
Ser ice Lees. Procedures for reporting and handling problems are also contained in that
attachment.
2o. services Not Provided by I=Net
The following services are not covered by this Contract:
0 Applications development or support.
0 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 11 -
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 -I et
service or delay in the County's installation.
Provide the County with any contact person charges -within fire 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
temperature no greater than 80 degrees Fahrenheit and one -amp isolated ground electrical
circuit.
Keep the area around the l -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 more or alter the
equipment in any way without the written permission of The County.
22. Security
The Customer Shall ensure that all I -f let Hubs are located inside secure, limited access facilities,
providing a Nigh 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 -I et racks and cabinets
located at the eustomees Sites will be the responsibility of the Customer. The Customer is
Pg. 10 CONTRACT NO. 03COA04
responsible for securing its computer resources attached to the I- et against all unauthorized
access or usage.
The County requiresthe installation of security measures as a condition of starting or continuing
to receive l -I et Service, and may change those requirements from time to time. A Security Policy
for Ping County data networks and applications is being developed by ITS. Counter will
incorporate this policy into its network security procedures when it is available.
IN WITNESS, THEREOF, the Parties have executed this Contract.
I_ 4to 0i M
King County Executive
(Date)
Approved as to form only by;
King County Deputy Prosecuting
Attorney
(Date)
The City of Aubwn
Mayor Fuer B. Levis
(Date)
Approved as to forrn only by:
Attorney
(Date)
Pg. 11 CONTRACT NO. 03COA04
**Attachment A — Site Locations Covered by this Contract and
Site Access Contact for Each Site
All Site and contact data will be Dept 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, p cl age and cost for each Site covered under this Contract.
The city of Auburn . o coA 4
NON-RECURRING charges
Installation fee(s) waived if Contract is signed
within 00 days from the time Customer
Installation receives the final contract documents from
Fee(s)" 0 the County for their signature.
Site Provisioning
i# needed) 0
Additional
Services for all
sites
TOTAL. NOW
P Pr. 11 P
-
RFr`_l1P IN -
Pg. 12CONTRACT NO. 03C A 4
D=
Dark Fiber Access
BIM
Basic: i -Not Option 1
Basic: I -Not Option
Monthly
cost
Site
ID
site Name
stre mity
Hub
site
Access
Contact
Demarcation
Point
Equipment
owner
081
City of Auburn
25 West Main
Sts
Auburn, 11 A
Feder
away
'`
Basis: I -Net Option 1
(includes 16 IP
;addresses)
$700.40
64 IP addresses
$100.00
MONTHLY TOTAL:
$600.00
Pg. 12CONTRACT NO. 03C A 4
Attachment 8 - Connectivity Change Request Form
Please see: Paragraph 7.6 Initiation or'Change Requests.
Connectivity Change Request Form is on the following page.
P. 13 CONTRACT N. 03C A 4
I -Net Connectivity Change Request Form
Date of Request:
Customer Agency:
Requester' Name:
Please indicate if you are the Primary or Backup Contact for this Agency:
U Primary Contact
❑ Backup Contact
Please provide a brief description of the request:
Sites involved in change (please include site name and address, I-1 et site number if known):
Duration of Change (permanent, or if temporary please state duration dates):
13 Permanent
Temporary
Duration n (for temporary changes):
Dote: All change requests mint be submitted by either the Customer Agency's Primary or Backup Contact
and will be implemented per the terms of tit I- et Contract.
Pg. 14 CONTRACT NO. 03C A 4
Attachment C -Appropriate Use Policy
IMPORTANT: TANT: The County's a ra ents with Comcast Corporation mohlbits the +noun
from buildinaor _running a cable television network or any commemial for-12rofit +endeavor
over the fiber optic cable, The restrictions in the franchises flow down and 8RRIV, to the
Customer. I
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
I -Net rust 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 . 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 [-Net.
No laser or customer should hold an expectation of privacy with respect to any matter transmitted
over or by the 1 -Net. By entering into this Contract with ding County, Customer acknowledges and
accepts the absence of pdvarcy in transmitting or using the i -Net. The County r ay monitor the l -
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 resentes 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. Th(: County
further reserves the right to cooperate with cable system representatives, legal authoritkak 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 perm ittel under the
County's franchise Contracts, permits, or other Contracts with or grants to cable televi iO n 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,
P. 15 CONTRACT NO. 03COA04
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 risers, Shall not
use rnaterial 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 s h.crets 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 part r.
Customers ers 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 lasers.
Third Party Rules; Usenet.
Customers and lasers may have access through 1 -Net to search engines, subscription Web
services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate
rales, guidelines or contracts to govern their use. Users must adhere to any such rules,
guidelines, or Contracts. Users who pest 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, scam or test
the vulnerability of a system or network or to breach security or authentication measures; without
proper authorization, d attempting to interfere with, disrupt or disable service to any User, host or
network, including, without limitation, via means of overloading, "flooding", "mailbombing,", "denial
of service" attacks or 'crashing", a forging any TCPAP packet header or any part of than header
information in any e-mail or news group posting, f taking any action in order to obtain services to
which such User is not entitled, or g attempting to utilize another customer's or User's account
name or persona without that Person's authorization. customers and Users are also prohibited
from attempting any action designed to circumvent or alter any method of measuring or billing for
I -Net services. Security violations may result in civil or criminal liability. Time County will investigate
occurrences which may include such violations and may involve, and cooperate with, lay/
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 gill b effective when the Customer receives notice from the County.
P. 16 CONTRACT N. CM O
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. ATI is a high
bandwidth, low -delay Connection -oriented packet -like switching and multiplexing technique.
Usable capacity is segmented into 53 -byte faced -size cells, consisting of header and information
fields, allocated to services on demand.
Ail P
Acceptable Use Policy:
The rales for running on the network.
Broadband
A WAN terra, A transmission facility providing' bandwidth greater than 45 Mbps J3). 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 i
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
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 lager 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 ATS! Layer links in order to provide an end-to-
end information transfer capability to access points. In switched virtual Connection (SVC)
environments the LAIC 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 e.g., at the source UNI) and the corresponding cell entry event at
measurement point e.g.# the destination UNI) for a particular Connection. The cell transfer
delay between two measurement points is the sura of the total inter -ATNF node transmission dela
and the total ATM nodeprocessing.delay.
y
Customer or Customer Agency
P. 17CONTRACT NO. 03COA04
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 this Contract and Site Access Confect 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 1,ci or 1b 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
ATTAC H M E N T ,—SITE L CATI ONS C E R E D BY THIS CONTRACT, AND SITE +CSS
CONTACT FOR EACH SITE before the County begins any work to provide Dark Fiber Acce s.
Day
Calendar Day unless otherwise e specified.
Demarcation Point
The point of interconnection between the County's I -I et fibers or Hardware and the Customer's
fibers or Hardware.
DNS or Domain Mame Services
Services which convert domain names into IP addresses.
DS -0
Digital Signal, Level o: The 64 kbps rate that is the basic building block for both the North
American and European digital hierarchies; a woddvwride standard.
DS -1l
Digital Signal, Level 1 The North American Digital Hierarchy signaling standard for transimi sion
at I.W I.4Mbp . This standard supports 24 simultaneous DS -0 signals. The terra 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-NetCustomer
has requested Connection to via the I -Net VAP.
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 -I et 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- et.
Hardware
The actual physical computing machinery, including the Firmware which is combination
Hardware/Software that i "burred into a Programmable Read Only Memory chip or chips a
opposed to Software. An integrated Access Device is an example of Hardware.
Hub
switching location on Do c st's primary ring or one of its secondary rings.
-Net
Pg. 19 CONTRACT INTO. 03COA04
The Ding 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 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 ire 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 Ding County
government.
ming 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 campuis.
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.
by
Million bits per second.
F
Multimode Fiber optic Cable: Fiber optic cable in which the signal or light propagates in in urlti ple
nodes 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 lim its the distance over which a MM F 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 M u ltipoint-to-M ultipoint Connection is a collection of associated ATM VC or VP Iinks, and their
associated nodes, with the following properties:
All Nodes in the Connection, called endpoints, serge as a Foot Node in a Point-to-Multip+pint
Connection to all of the N-1 remaining endpoints.
P. 19 CONTRACT NO. l C
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., Nigher layer) information.
NAP
Network Access Point. The County's NAP is in the Westin Building in Downtown Seattle.
NIBS 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 NNIS 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.
BI
Open Systems Interconnect. A network model developed by the International Standards
Organization.
PBC
Private Branch a change; PBC is the terra given to a device which provides private local voice
switching and voice -related services within the private network. . A PBC could have an ATM API to
utilize ATM services, for example ple 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 1 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 MbItts (DS1 - North America,
,Japan, et al or 2.048 Mbitts E1 - Europe) ISDN services. DS1 is 2 "B" charnels of 64 l bias
each and one signaling "D" channel of 64 kbit/s/ E1 is 30 "B" channels of 64 kbids each and one
signaling "D" channel of 64 kbitts.
Provider
King County Institutional Network(I-Net), as managed and operated by King County Information
and Telecommunication Services I -Net operations Section.
PC or Permanent Virtual Circuit
A link wlth a static route defined in advance, usually by manual setup.
oB
Quality of Service: Quality of Bernice is defined on an end -trend basis in tens of the f allowing
attributes of the end-to-end ATM Connection:
Dell Loss Ratio
Cell Transfer Delay
Cell Delany Variation
Rate Card
The list of rates and charges for the provision of I -Net services.
Router
Pg. 20 CONTRACT NO. 0 A 4
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.
Stull 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.
Illi or Single Mode Fiber
Fiber optic cable in which the signal or light propagates in a Single Node or path. Since all light,
follows the salve path or travels the same distance, a transmitted pulse is not dispersed and does
not interfere with adjacent pulses. SIS fibers can support longer distances and are limited mainly
by the amount of attenuation. Refer to 11IIMF.
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.
Sc
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 lire actually
consists of 24 individual or DSO's, each of which supports 64l bits per second. Each
4Kbitlsecond channel can be configured to carry voice or data traffic. Most telephone companies
aIlow you to buy just some of these iindi ideal channels, known as fractional T- I access. T- 1 lures
are sometimes referred to as DS1 lines.
Testing
The process of ensuring the fiber, in the case of Dart 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 MVI 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
Pg. 21 CONTRACT NO. 03C
Wide Area Network- rk- This is a network which spars a large geographic area relative to office and
campus environment of LAV (Local Area Network). WAN is characterized by having r Uch greater
transfer delays due to laws of physics.
P. 22 CONTRACT NO. 0
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 1 -Net agencies or external
agencies and to add, delete or modify services and Sites, including both cost and no -cost
charges.
The Backup Contact is granted complete authority in the absence of the Primary Contact. All
change requests must cone from and be signed by either the Pri ma ry Contact or the Bac up
Contact listed below, and no changes can be rade to the Customer's Circuit configuration without
a prior written request approval. The Customer Shall provide updated written information to the
County within five business days should this contact charge.
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 ars individual Site.
These contacts are listed in Attachment -Site locations covered by this Contract and
Site Access Contact for each Site. The Customer Shall provide updated information to the
Cour within five business days should this contact information change.
COUNTY The City f Auburn
Primary Contact Name: Betty Richardson Primary Contact Name: Lorrie Rempher
Title: Network and Systems Manager Title: Information Systems Administrator
Address: Address:
700 Fifth Avenue, Suite 2300 26 vest blain Street
Seattle, WA 98104 City Auburn, State WA Zip 98001
Phone: 206-296-0608 Phone: (253) 288-3160
E-mail: a .1 ichardson mer c. o E-mail: Lren her ci.auburn.wa.0
Back up Contact Name* Walt Yeager Back up Contact Warne: Baan Garbarino
Title. Marketing Manager Title. Network Engineer
Address: Address:
700 Fifth Avenue, Suite 2300 same
Seattle, WA 98104 City Auburn, State WA Zip 98001
Phone: (253) 804-5025
Phone: 206-263-4814 E-mail:
E-mail: walt.yeageL@metrokc.gov
Technical Contact [Verne: Karen Mark Technical Contact Larne: Joey Martine
Phone: 206-399-7465 Title: [Network Engineer
E-mail: Karen. mark a@r etrokc. ov Address:
Same
City Auburn, State INA Zip 98001
Phone: (253) 288-3149
E-mail:
Site Access Corntact Name: Lorrie l ernpher
Title:
Address:
city , State Zip
Phone: }
E-mail:
P. 23 CONTRACT NO. 01 C A 4
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 d pursuant to this paragraph 1: 1 the Customer will be liable
only for payment in accordance with the teras 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 3 Days
advance written notice in the event. 1 a corrective action plan has not been accepted by
the non -breaching Party within thirty o Days, the other Party materially breaches
any duty, obligation, or services required pursuant to this Contract which can not be
cured; the duties, obligations, or services required herein become 'impossible., illegal,
or not feasible or the Parties have agreed to a corrective action plan and the:
breaching Pavy 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 wri ten 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 g 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 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 which ends on December 31 to
. Nothing herein Shall limit, waive, or extinguish any right or remedy provided by tills
Contract or fav 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.
Pg. 24 CONTRACT NO. 03C 04
Attachment G -Service List
i. Basic I -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 -Vet Basic Service package; Customer may select either Option 1 or Option 2 as
described in Section 18. Services to be provided by I -filet. 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.., T-1 t TLS) per year at no cost. See
Section 7.7 No Cost Changes for further details.
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 Customers Sites. Typically the device installed at a Site will be an
I ntegrarted Access Device providing a 10/100 M bps Ethernet Connection; T- I' interfaces will be
available on the same Integrated Tess Device. All installed Equipment remains the sole
property of the County.
In some cases a Customer will prefer to connect to the I -filet 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 interrne liate
reach interface in its equipment e.g., PBX, Router) if not already available.
La Basic Bernice Option I
The following table describes Basic Service Option 1 available from I- et.
SERVICE
NAME
INCLUDED IN
BASIC
SERVICE
SERVICE
DESCRIPTION
BANDWIDTH
COMMITTED D
(Mbps)
BURST
(Mops)
USAGE
TLS
2 Circuit ends
Bridged Ethernet
6
20
Between any two I -I et
Circuits
Sites within single
Customer Nency
T1 Circuits
2 Circuit ends
DS1 point o-
1.
N/A
Initially may be used to
point, or point -to-
rep ace existing T1
multi -point
voice or data) lines
(structured)
b t teen I -I et Sites.
An example would be
tying central PBX
systems to key
. ste rn s at r rn ote
. 25 CONTRACT NO. 03COA04
Lb. Basic Service Option
The following table describes Basic Service Option 2 available from I -Net.
SERVICE
-INCLUDED IN
SERVICE
BANDI IDTHco
BURST
Sites.
IIAP
1 Connection
IP Network
1.5
per participant,
Access Point, for
Mtn
ATM UNI
1 more per
interchange
-
20
At a central Hub for
each
among I -Net
larger I -Net
additional 5 I-
Customers and
participating agencies
Net Saes.
between ]-Net and
` as the Connection
Dark fibe is
ASP/ISP, etc.
pont between I -Net
not included in
Counts as a
and the internal data
this count.
Circuit end.
(arid voce) networks.
Basic Internet
1 connection
Data, DNS, no
Service
plus backup
PP3 service
(via I NAP
equipment must provide
Connections in
an OC3 Single Mode
previous
intermediate reach fiber
Section) per
Interface, and must
Customer
support the ATM U N I
Agency
standard.
Lb. Basic Service Option
The following table describes Basic Service Option 2 available from I -Net.
SERVICE
-INCLUDED IN
SERVICE
BANDI IDTHco
BURST
IJS
NAME
BASIC
DESCRIPTION
MMITTED(Mbps)
SERVICE
Mtn
ATM UNI
Alternate
ATM OC3 delivered on
6
20
At a central Hub for
Basic
SM Fiber may be used in
larger I -Net
place of the basic
participating agencies
TLS 2 CTI Package. I-
` as the Connection
Net will support
pont between I -Net
bandwidth and Circuits
and the internal data
equivalent to the Basic
(arid voce) networks.
package on this
interface. The ATM
equipment must provide
an OC3 Single Mode
intermediate reach fiber
Interface, and must
support the ATM U N I
standard.
II AP
1 connection
IP Network Access
1.5
8
per participant;
Point; for interchange
1 more per
among [-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 count.
Banc
1 Connection
Data, DNS
Internet
plus backup
Pg. 26 CONTRACT NO. 03COA04
Service(via I NAP
Connections in
reviours
Section) per
Customer
enc
Dark Fiber Access
In some cases, Customer may be offered Lark Fiber Access for Sites that connect
to a single Hub. Only Customers with at least one Basic Service Site (service
under paragraphs I a or 1 b of Attachment Gthrough a Comcast Hub will be
eligible to acquire a right to access Dark Fiber through that Hub. A desiEp will be
developed for each Hub and the Dark Fiber Access requested. Both the Customer
and County $hall approve this design in writing and it must be included on
ATTACHMENT A—SITE LOCATIONS C VERS Y THIS CONTRACT,
T:E ACT,
AND SITE ACCESS CONTACT FOR EACH SITE before the County begins any
work to provide Dark Fiber Access.
Pg. 27 CONTRACT ACT N . 03COA04
Attachment H -Service Levels
in NLatency
The end-to-end network latency will not be greater than 3 milliseconds.
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 .o .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
Co- ntact, will be maintained for this purpose. The County will notify Customer of schedule
outages at least seventy-two hours in advance. The county will endeavor to notify Gu tomer
of emergency outages as soon as possible.
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 seconds under worst case conditions, with
detection and rerouting typically occurring ire approximately one 1 second.
51 Problem Reporting rting and Escalation Procedure
• End Users will initially report problems to their agency's Information Technology IT
organizations per their existing internal policies.
0 The Cu tomees IT personnel Shall troubleshoot the problem to eliminate application,
User platform or other potential problem sources within its internal network.
0 If customer then believes it is an I -Diet Circuit problem, the Customer's designated
Technical Contact(s) Shall contact the I -Net Network Operations center.
0 A work order trouble ticket) will be created based on the trouble call, and the I -Net
troubleshooting process and time clock will begin.
0 I -t et Operations will provide a Problem Deporting and Escalation Procedure to the
Customer, and provide the Customer vwrith progress and status information on trouble
calls. The Customer should receive an initial callback regarding the status of the problem
within thirty minutes of the initial trouble report.
Problem Escalation
I -I et Operations will attempt to resolve most problems within 2 hours of the problern
report initially being logged and a trouble ticket being generated. The N C 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 -I et
Pg. 28 CONTRACT NO. 03 A04
Operations Manager to escalate the problem priority. At this pent, 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 ars i -Vet 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 i
caused by the County. In. all other situations, Customer will be charged for the visit. The charge
for this service will b $160 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- et service, the County will add new services requiring only a
Software change with in ten 10 Days from the receipt of a written request for the
additional service from the Customer and I -filet engineering approval of the change.
Services requiring Hardware changes vwriII be scheduled. with the Customer.
For locations not receiving i -filet 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 �ustor er's
other existing Sites on the l -filet. 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 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 b
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.
Circuit charges
All requests for circuit additions or oranges Shall be in writing from the Customer. A connectivity
Charge bequest Form is provided in Attachment B — Connectivity Change Request
Foray, and will be available on-line at the I- et'Web Site as well, The Change Request t nrwrill 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, K must be
approved in writing by the Customer and the cost will be added to the invoiced bill. The I�ounty will
provision new ATMA Circuits within tern (1 0) Days of receipt of a signed change request order and 11 -
Net engineering approval of the change. See also Section 7.5 Circuits: Types and
Approvals.
Pg. 29 CONTRACT NO. 03COA04
Attachment I — IP Address Space
IMPORTANT: TANT: IP ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE
PROPERTY TY F KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDF E;3B
SPACE ONLY WHILE THIS CONTRACT IS IN PLACE.
. 30 CONTRACT NO. 03COA04
Attachment J - Evidence of Insurance Coverage
. 31 CONTRACT N. 0 C A 4