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Attachment 1 <br />Service Level Agreement Appendix <br />This Service Level Agreement (SLA) is a policy governing the use of Axon Evidence (“Service Offerings”) under the <br />Agreement. <br />1 Definitions. <br />“Downtime” is time, measured in minutes, in which the Service Offering is Unavailable to City. Downtime does <br />not include Scheduled Downtime and does not include Unavailability of the Service Offering due to limitations <br />described in Exclusions. <br />“Incident” a period in which City experiences Downtime. <br />“Maximum Available Minutes” is the total accumulated minutes during a Service Month for the Service Offering. <br />“Monthly Uptime Percentage” is (Maximum Available Minutes - Downtime) / Maximum Available Minutes * <br />100. <br />“Scheduled Downtime” is time, measured in minutes, in which the Service Offering is unavailable to City and falls <br />within scheduled routine maintenance or planned maintenance timeframes. <br />“Service Month” is a calendar month at Coordinated Universal Time (UTC). <br />“Unavailable” and “Unavailability” is when the Service Offering does not allow for the upload of evidence files, <br />viewing of evidence files or interactive login by an end-user. <br />2 Service Level Objective. Vendor will use commercially reasonable efforts to make the Service Offerings available <br />99.99% of the time. <br />3 Guaranteed Service Level and Credits. If Vendor fails to make the Service Offering available to the defined <br />Monthly Uptime Percentage availability levels, City may be entitled to Service Credits. Service Credits are awarded <br />as days of Service Offering usage added to the end of the Service Offerings subscription term at no charge to City. <br />Monthly Uptime Percentage Service Credit in Days <br />Less than 99.9%3 <br />Less than 99.0%7 <br />4 Requesting Service Credits. In order for Vendor to consider a claim for Service Credits, City must submit the claim <br />to Vendor’s customer support, including all information necessary for Vendor to validate the claim, including (i) a <br />detailed description of the Incident; (ii) information regarding the time and duration of the Incident; (iii) the number <br />and location(s) of affected users (if applicable); and (iv) descriptions of City’s attempts to resolve the Incident at the <br />time of occurrence. <br />4.1 Vendor must receive the claim within one month of the end of the month in which the Incident that is the <br />subject of the claim occurred. For example, if the Incident occurred on February 12, Vendor must receive <br />the claim and all required information by March 31. <br />4.2 Vendor will evaluate all information reasonably available to Vendor and make a good faith determination <br />of whether a Service Credit is owed. Vendor will use commercially reasonable efforts to process claims <br />during the subsequent month and within 45 days of receipt. City must be in compliance with all Vendor <br />agreements to be eligible for a Service Credit. If Vendor determines that a Service Credit is owed to City, <br />Vendor will apply the Service Credit to the end of City’s Service Offering subscription term. Service Credits <br />may not be exchanged for or converted to monetary amounts. <br />ATTY/AGR.2022.299/Axon Enterprises, Inc. (RCPD Axon Fleet Cameras) (Page 16 of 32)