ESBD_443357_1754488120949_Attachment 2 - Service Level Agreement Final.pdf

RFO 212-25-0959

ATTACHMENT 2: SERVICE LEVEL AGREEMENT

Texas Office of Court Administration Public Safety Report System

RFO No. 212-25-0959 Service Level Agreement

EXHIBIT 3: SERVICE LEVEL AGREEMENT

1 Overview This Service Level Agreement (the SLA) documents certain service levels required under the Statement of Work (SOW) (Exhibit 2 to the Master Services Agreement) including Service Level Requirements (SLRs), attached hereto as Attachment 3-1. If Contractor does not meet certain SLRs, Contractor shall reimburse OCA as set forth herein.

2 Definitions

2.1 Defined Terms

For those terms not otherwise defined in this SLA, such terms shall have the definitions set forth in the Master Services Agreement (MSA or Agreement). Consistent with the Agreement, in the event of a conflict between the terms and conditions of this SLA and the terms and conditions of the Agreement, the terms and conditions of the Agreement shall control.

Term Definition

Defect Any bug, error, malfunction, adverse data condition, or other performance interruption that causes the System to fail to operate in conformance with Contractor’s then current publicized specifications.

Defect Level 1 A Defect that causes one or more of the following:

a) partial or complete System failure for more than one Node;

b) partial or complete System unavailability for more than one Node;

c) loss of multiple Essential Functions; or

d) corruption, loss or inaccessibility of data required for performance of Essential Functions.

Defect Level 2 A Defect that causes one or more of the following:

a) partial or complete System failure for one [Node];

b) partial or complete System unavailability for one [Node]; or

c) loss of a single Essential Function.

Defect Level 3 A Defect Level 2 with a workaround acceptable to OCA.

Defect Level 4 Any issues with the System, other than a Defect, that OCA notifies Contractor or Contractor discovers during the Agreement that has a negative effect on the System or the Authorized User’s use of the System.

Essential Functions Any of the following functions: (1) real-time access to complete and accurate System data, (2) entering bail information, (3) accessing and summarizing complete information from NLETS and TLETS, or (4) notification/alert emails.

Node Collection of Authorized Users as designated by OCA.

Service Desk Agent A human being employed or contracted by the Contractor (or its subcontractors) to provide live support or assistance to Authorized Users via telephone, email, chat, or other communication channels. This expressly excludes any form of automated system, artificial intelligence, chatbot, or other non-human interface.

Scheduled Downtime Either:

(a) a planned outage of the System (in whole or in part) where the downtime will occur between 1 am and 6 am Central Time and Contractor has notified OCA and the impacted Authorized Users of the downtime more than 7 days in advance of the commencement of such outage; or

(b) an emergency maintenance that is required to patch a critical security vulnerability within the System; or maintenance that is required to prevent an imminent outage of System availability where Contractor notifies OCA and impacted Authorized Users of the downtime more than two (2) hours in advance of the commencement of such outage.

SLR Failure The failure to meet a designated performance target for any SLR.

2.2 Measurement Period

If the “Measurement Period” is designated as “monthly,” it shall mean the period commencing 12:00 a.m. on the first day of each month and ending 12:00 a.m. on the first day of the following month; if the “Measurement Period” is designated as “quarterly,” it shall mean the period commencing 12:00 a.m. on the first day of each Fiscal Quarter and ending 12:00 a.m. on the first day of the following Fiscal Quarter; and if the “Measurement Period” is designated as “annually”, it shall mean the period commencing 12:00 a.m. on the first day of each Fiscal Year and ending 12:00 a.m. on the first day of the following Fiscal Year.

2.3 Service Level Exceptions

In addition to Scheduled Downtime, Contractor shall not be responsible for a failure to meet any SLR to the extent that such failure is not caused in whole or in part by the Contractor.

2.4 Changed Service Level Requirements

Changes to the SLR will occur upon mutual agreement of the parties.

At OCA’s request, the Contractor will provide to OCA the performance data recorded by the Contractor in connection with the Services for the purpose of informing OCA regarding the implementation of any such changes.

3 Service Level Monitoring and Measurement Reporting The Contractor will continuously monitor the System and the Services to identify, report, and correct SLR Failures and to ensure that the Contractor is meeting or exceeding the SLRs as required herein. The Contractor will notify OCA immediately upon Knowledge of an actual or anticipated SLR Failure. “Knowledge” means facts known by any Contractor personnel performing Services under the Agreement.

The Contractor will measure all data reasonably required by OCA to determine the Contractor’s performance of the measured Services against the applicable SLRs. Contractor will retain complete and accurate logs of all such data for the duration of the Agreement and for 24 months following expiration or termination of the Agreement.

The Contractor will provide OCA with real-time performance monitoring reports in a web-based dashboard format that depict the current conditions across the System and access to historical data and trends. Performance monitoring reports shall provide both top-level views and contextual drilldowns, as well as intuitive navigation and search mechanisms and raw data access for a broad spectrum of Authorized Users and transactions.

On or before the 10th calendar day of each calendar month or as otherwise requested by OCA, Contractor will deliver a performance measurement report to OCA containing:

• For each measured SLR and with respect to the immediately preceding calendar month, all data relating to the provision of the Services during the applicable month;

• For each measured SLR during the immediately preceding calendar month, details of the Contractor’s performance as measured against the SLRs for such Services during the applicable month;

• Details of any Scheduled Downtime which the Contractor believes has impacted the measured Services during the applicable month; and

• Any other information reasonably requested by OCA from time to time.

For any SLRs with a measurement period of longer than a month, the provision of the second item listed above shall apply for the calendar month on which the final date of the measurement period for such SLR falls.

Upon OCA’s request, the Contractor will provide OCA data and details for measured SLRs in an OCA-approved form and format containing:

• All data relating to the provision of the measured SLR during the applicable day;

• Details of the Contractor’s performance as measured against the SLRs during the applicable day;

• Details of any measured SLRs that were supposed to be performed during the applicable day that were not fully performed as required; and

• Details of any measured SLRs that were supposed to have been performed during a previous day but were not fully performed as required on that day, and the status of such measured Services.

4 Notification of Problems If Contractor becomes aware of any Problem, Contractor will:

(i) provide OCA with prompt notice of such Problem (no later than 2 days after discovery), including a description of the Problem and its potential impacts to the System and Services;

(ii) meet with OCA (no later than 4 days after discovery) to formulate and implement an action plan to resolve such Problem;

(iii) immediately take steps to resolve the Problem; and

(iv) perform a Root Cause Analysis (no later than 30 days after discovery).

4.1 Reimbursement

For each failure to meet an SLR that is categorized as critical during a Measurement Period, Contractor shall remit reimbursements to OCA in the amount of 8% of the then-current quarterly Charges within 30 days from such quarter.

The maximum amount of SLR reimbursements in any rolling 12-month period during the SOW shall not exceed 18% of the Charges applicable to such Contract Year. If Contractor fails to achieve Critical SLRs more than three times in any rolling 6-month period, Contractor shall be deemed to be in default of the Agreement.

If Contractor fails to achieve the performance target of any Monitored SLR in any two out of six Measurement Periods, such Monitored SLR shall automatically convert to a Critical SLR and shall remain a Critical SLR until Contractor has achieved the Performance Targets for such SLR for four consecutive Measurement Periods, then such Critical SLR shall automatically revert to a Monitored SLR.

Following Contractor’s failure to meet an SLR, Contractor shall perform a Root Cause Analysis.