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<br /> <br />Consulting Services Agreement between City of San Leandro and Last revised 3/23/21 <br />CivicPLus, LLC for Website Update Project Exhibit B – Page 10 of 10 <br /> <br /> <br />SLA Exclusions <br />The Service Commitment does not apply to any unavailability, suspension or termination of <br />CivicEngage, or any other CivicEngage performance issues: (i) that result from a <br />suspension; (ii) caused by factors outside of Consultant’ reasonable control, including any <br />force majeure event or Internet access or related problems beyond the demarcation point of <br />Consultant; (iii) that result from any actions or inactions of City or any third party; (iv) that <br />result from City equipment, software or other technology and/or third party equipment, <br />software or other technology (other than third party equipment within Consultant’ direct <br />control); (v) that result from any maintenance as provided for pursuant to the City <br />Agreement; or (vi) arising from Consultant’ suspension and termination of City’s right to <br />use CivicEngage in accordance with the City Agreement (collectively, the “SLA <br />Exclusions”). If availability is impacted by factors other than those used in Consultant’ <br />Monthly Uptime Percentage calculation, then Consultant will issue a Service Credit <br />considering such factors. <br /> <br /> <br />Disaster Recovery Feature Service Commitment <br />Consultant will use commercially reasonable efforts to insure that in the event of a disaster <br />that make the Primary data center unavailable (defined below) City site will be brought back <br />online at a secondary data center (the “Service Commitment”). In the event Consultant does <br />not meet the Service Commitment, City will receive a Service Credit as described below. <br />Definitions <br />• “Datacenter availability” is determined by inability to provide or restore functions necessary to <br />support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, <br />Sufficient Internet Access, Physical space, and Physical access. <br />• A “Service Credit” is a dollar credit, calculated as set forth below, that Consultant will credit back to an eligible <br />account. <br />• Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online <br />in the event of a data center event. <br />• Recovery Point Objective (RPO) is the amount of data lost that is considered acceptable. <br /> <br />Service Commitments and Service Credits <br />Service Credits are calculated as a percentage of the total charges paid by City <br />(excluding one-time payments such as upfront payments) for the month in accordance <br />with the schedule below. <br /> <br />Recovery Time Objective Service Credit Percentage <br />4 Hours 10% of one month’s fee <br />DocuSign Envelope ID: E99D2A46-2E56-4E25-BA13-EFF4879851FC