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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 <br />ABAG/City Innovate <br />PROVIDER Bench Management Software <br />Page 38 <br /> <br /> <br />System Service Level Agreement <br /> <br />1. Service Level Agreement Overview <br /> <br />1.1. The following describes the Service Level Agreement (SLA) for the production <br />environment of Solicitation Builder. For purposes of this SLA, business hours are <br />defined as Monday through Friday (8:00 am to 5:00 pm Pacific Time); however, <br />the response times described below are based on a 24/7 clock. That is, if the <br />response time for resolution is 24 hours, the resolution is required by the next day, <br />not in 3 business days. <br />1.2. City Innovate will not be liable for any failure to meet SLAs resulting in whole or <br />in part from events, causes, or responsibilities that are outside of City Innovate’s <br />direct control, including, but not limited to a result of events of force majeure. <br />1.3. City Innovate is not accountable for the availability of hardware and software <br />licensed and managed by MTC or MTC authorized vendor staff or other MTC <br />partners <br />1.4. All Service Levels will be suspended on the occurrence of a disaster that requires <br />execution of MTC’s Disaster Recovery Plan. Following such a disaster, Service <br />level-based support as described in this section will only be resumed by mutual <br />agreement of MTC and City Innovate. <br />1.5. Recovery Point Objective (RPO) . RPO is defined as the point in time to which <br />Data can be recovered and/or systems restored when service is restored after an <br />interruption. The Recovery Point Objective is expressed as a length of time <br />between the interruption and the most proximate backup of Data immediately <br />preceding the interruption. <br />1.6. Recovery Time Objective (RTO). RTO is defined as the period of time within <br />which information technology services, systems, applications and functions must <br />be recovered following an unplanned interruption. We will ensure that Recovery <br />Point Objective and Recovery Time Objective of environments are 24 hours. <br />1.7. Uptime Service Level. We will use commercially reasonable efforts maintain the <br />online availability of the SaaS Service for a minimum of availability in any given <br />month as provided in the chart below (excluding maintenance scheduled <br />downtime, outages beyond our reasonable control, and outages that result from <br />any issues caused by you, your technology or your suppliers or contractors, <br />Service is not in the production environment, you are in breach of this Agreement, <br />or you have not pre-paid for SaaS Fees for the Software as a Service in the month <br />in which the failure occurred). <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575