Exhibit M - Service Level Agreement.pdf
PDF 194 KB Posted
- Solicitation number
- EMLAS-25-001
- Issued by
- Atlantic County, New Jersey
About this file
This is Exhibit M: Service Level Agreement establishing performance standards and monitoring requirements for hosting services provided by a Firm/Vendor to NJEdge members. The agreement outlines a 99.9% uptime commitment measured monthly on a 24x7 basis, excluding up to 16 hours of scheduled maintenance per month and disruptions beyond the vendor's control. The vendor must provide continuous monitoring and maintenance of systems, including proactive management of application server hardware and software, operating system monitoring, and automated event notifications. Scheduled maintenance outages must be conducted to minimize service impacts, with three days' advance notice required for non-routine maintenance that may materially affect services.
The agreement establishes a tiered service credit structure as the exclusive remedy for uptime failures, ranging from 15% credit for 97-99.9% uptime down to 100% credit for performance below 90% uptime, with credits capped at monthly service fees paid by NJEdge members. The vendor's responsibilities include installing necessary upgrades, patches, and fixes to maintain industry standards, with on-site coverage during normal business hours Monday through Friday excluding holidays, supplemented by on-call support staff and automated monitoring technology. The agreement specifies that application of these remedies does not constitute a breach of the main contract, and includes provisions for change control processes and proactive information gathering from equipment and software vendors regarding necessary updates.
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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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