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____________________________________________________________________________________________________ Consulting Services Agreement between City of San Leandro and Last revised 3/23/21 CivicPlus, LLC for Website Update Project Exhibit B – Page 9 of 10 Definitions • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). • “Unavailable” and “Unavailability” mean: • The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. • The Main page of the site returns a status other than 200 or 302 3 times in a row. • A “Service Credit” is a dollar credit, calculated as set forth below, that Consultant will credit back to City. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by City (excluding one-time payments such as upfront payments) for the month (beginning with the first full month of service) in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.9% 1% of one month’s fee We will apply any Service Credits only against future payments otherwise due from City. Service Credits will not entitle City to any refund or other payment from Consultant. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided , City’s sole and exclusive remedy for any unavailability, non-performance, or other failure by Consultant to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, City must submit a claim by opening a case with Support. To be eligible, the credit request must be received by Consultant by the end of the second billing cycle after which the incident occurred and must include: 1. the words “SLA Credit Request” in the subject line; 2. the dates and times of each Unavailability incident that City claims; 3. the affected Site domains; and 4. Any documentation that corroborate City’s claimed outage. If the Monthly Uptime Percentage of such request is confirmed by Consultant and is less than the Service Commitment, then Consultant will issue the Service Credit to City within one billing cycle following the month in which City’s request is confirmed. City’s failure to provide the request and other information as required above will disqualify City from receiving a Service Credit DocuSign Envelope ID: E99D2A46-2E56-4E25-BA13-EFF4879851FC