Exhibit M - Service Level Agreement.pdf

194 KB Posted

Attached to
Unified Communication as a Service RFP (UCaaS)
Solicitation number
269EMCPS-25-002
Issued by
Atlantic County, New Jersey

About this file

Written by GovTribe AI ·

Exhibit M is a Service Level Agreement (SLA) between NJEdge and an unnamed Firm/Vendor/Vendor for hosting services provided to NJEdge members. The SLA outlines specific performance commitments, including a 99.9% uptime guarantee measured monthly, with detailed provisions for service credits if performance targets are not met. The vendor will provide 24x7 monitoring and maintenance of systems, with on-site support during normal business hours (Monday through Friday, excluding holidays) and proactive management of server hardware, software, and network infrastructure.

The agreement includes a structured service credit mechanism where performance below 99.9% uptime results in escalating credits against monthly fees, ranging from 15% (for 97-99.9% uptime) to 100% (for below 90% uptime). The vendor is required to provide three days' notice for non-routine maintenance actions and will proactively monitor system performance, including tracking CPU, disk I/O, memory, and critical application processes. The service credits are explicitly capped at the monthly fees paid by NJEdge members, and the agreement stipulates that failure to meet performance targets does not constitute a breach of the overall agreement.

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Exhibit M: Service Level Agreement

This Service Level Agreement ("SLA") sets forth the service level and performance objectives of the

Firm/Vendor/Vendor in providing hosting services (the

"Services") to NJEdge members. The Firm/Vendor/Vendor will use commercially reasonable efforts to meet the following service level and performance objectives to support the operation of the facilities, server(s), computer equipment, operating software and connectivity used to provide the Services to NJEdge members.

1. Uptime Commitment.

The Firm/Vendor/Vendor will use commercially reasonable efforts to ensure the Firm/Vendor/Vendor's Systems are available 99.9% of the time (the "Uptime Commitment").

All Uptime Commitment will be measured within the

Firm/Vendor/Vendor’s System on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance

(which will not exceed in the aggregate sixteen (16) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond

Firm/Vendor/Vendor's reasonable control. The

Firm/Vendor/Vendor agrees to notify the Group promptly of any factor, occurrence, or event coming to its attention that may affect the Firm/Vendor/Vendor’s ability to meet the Uptime Commitment, or that is likely to cause any material interruption in the Services.

2. Exclusive Remedy.

The Firm/Vendor/Vendor will use commercially reasonable efforts to correct any material problems in the Services, including any failure to satisfy the Uptime Commitment. In the event that the Firm/Vendor/Vendor fails to satisfy the

Uptime Commitment for a given month, the Group’s sole and exclusive remedy will be to receive a service credit equal to the following percentage of the monthly fees for the

Services for the stated uptime:

97% to 99.9% 15%

94% to 96.9% 25%

92% to 93.9% 50%

90% to 91.9 75%

Below 90% 100%

In no event will the service credit exceed the monthly fees paid by NJEdge members for the Services. NJEdge members acknowledge and agree that if the remedies set forth in this section are applied, any failure of the

Firm/Vendor/Vendor to meet the requirements in this SLA will not constitute a breach of the Agreement.

3. Monitoring.

Firm/Vendor/Vendor will monitor and maintain

Firm/Vendor/Vendor's Systems in working order each day

(24 x 7). Firm/Vendor/Vendor will proactively manage and monitor all application server hardware devices and software to ensure optimal performance and reliability as well as to detect abnormal events or exceeded utilization or performance thresholds. Firm/Vendor/Vendor will proactively monitor the status of the operating systems (e.g., CPU, disk I/O, memory, processes, etc.), critical application layer daemons and processes and trigger appropriate event notification alarms caused by errors, exceeded thresholds, etc.

3.1 Maintenance.

Firm/Vendor/Vendor will operate, monitor and administer all servers, applications and networks supporting the Services. In order to provide such coverage, Firm/Vendor/Vendor may utilize a mixture of on-site and on-call support staff, automated server monitoring and automated paging technology.

Contactor’s on-site coverage is during Firm/Vendor/Vendor’s normal business hours, Monday through Friday, excluding holidays recognized by Firm/Vendor/Vendor.

3.2 Scheduled Outages.

Maintenance outages, if necessary, will be conducted at a time and in a manner to minimize adverse impacts on the Services.

Maintenance outages will include, but are not limited to the installation of upgrades, service packs and routine server or application configuration changes.

Other maintenance outages may be necessary from time to time.

3.3 Change Control.

Firm/Vendor/Vendor will install new equipment, software, releases, upgrades, fixes, patches and other items necessary to maintain Firm/Vendor/Vendor's Systems to industry standards.

Firm/Vendor/Vendor will proactively gather information from appropriate server, peripheral, operating system or database vendors regarding upgrades, defect patches or fixes.

3.4 Notice.

Firm/Vendor/Vendor will use commercially reasonable efforts to give the Group three (3) days’ notice prior to all non-routine management, maintenance, change control or other actions by

Firm/Vendor/Vendor that may material impact the Service adversely.

Signed Date

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