Attachment C Service Level Agreement for WAN and Internet Overview The Vendor SLA for Owner shall apply to all data transmission and reception on all Vendor provided Owner Wide Area Network (WAN) connectivity, Owner Internet Access circuits, and Vendor backbone for Owner WAN and Internet Access through Vendor s Internet Service Provider peering connections. This SLA is not applicable to service degradation or disruption related to: permitted maintenance windows/downtime; (b) acts or omissions of the Customer or its Authorized Agents; (c) result of malicious actions by a third party against the Customer or its Authorized Agents; (d) adverse behavior of Customer equipment, facilities or applications; (e) Acts of God, civil disorders or other acts beyond the reasonable control of Vendor, such as acts of terrorism. Network Uptime Uptime SLA for Owner circuit connections is 99.99%, for the Owner core backbone 99.999%, and for the Owner Internet Access circuits 99.999%. Owner circuit connections are defined as those connections from each circuit location to Vendor s core switch which resides on the Vendor backbone for Owner core backbone network. The Owner circuit connections, core backbone network, and Owner Internet Access circuits are defined by the network diagram attached as a part of this contract. Owner circuit downtime shall not exceed 0.01% in any given month (4.32 minutes), exclusive of permitted downtime. The basis for measuring network availability shall be based upon 30 days per month x 24 hours per day (720 hours), and shall be measured on a per-connection basis. Downtime shall be defined for purposes of the Owner circuit connections and Owner core network, as the network unavailability for use by an Owner circuit, and shall be measured on a per-circuit daily basis. Downtime shall be defined for purposes of Internet Access circuits as the network unavailability for use by Owner and shall be measured on a per circuit basis daily. Uptime is continuously monitored and Vendor will provide monthly Uptime reports to confirm uptime for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. Permitted Network Downtime Scheduled outages and scheduled maintenance on the Facilities used to provide service to Owner (all circuit connections, core backbone, and Internet access circuits) may not exceed 4 hours in a given calendar month and must be pre-announced to the Owner Project Manager or designated Owner representative with a minimum of five (5) days advance notice required. Outages in excess of this limit will be treated as downtime and will incur the associated payments and/or credits. Maintenance shall be done after hours or on weekends but always scheduled and coordinated with Owner. Circuit-specific maintenance (as opposed to Facilities used to provide service to Owner wide maintenance) must be coordinated and scheduled in advance with the circuit contact person in addition to the Owner Project Manager. Vendor shall provide monthly summary downtime reports to confirm downtime for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. There may be some situations where network unavailability may due to some other cause not attributable to Vendor s facilities. This situation may arise whenever Vendor may confirm network availability of its facilities upon receiving a circuit trouble report. These circumstances will not be used in calculating network downtime.
Network Bandwidth Availability and Throughput Performance Vendor shall provide 100% availability of the contracted bandwidth for each Owner circuit connection and each Vendor provided Internet Access circuit. Vendor shall guarantee that the dedicated bandwidth for the Owner backbone is of sufficient capacity to support the aggregate traffic on Owner. Throughput on each Owner circuit connection and Internet Access circuit shall be 95% of the contracted bandwidth on a per-circuit daily basis. Vendor shall monitor bandwidth utilization on a per circuit basis at 5 minute intervals. Vendor shall provide a secure online portal that Owner and its designees can access the real time data as well as historical information (e.g. daily, weekly, monthly, and yearly summary data). Vendor shall provide monthly summary bandwidth utilization reports to confirm utilization for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. Network Latency Vendor shall guarantee that latency will be 20ms, measured on a per circuit connection basis for wide area network service and per-circuit for Internet Access service on a daily basis. Vendor shall monitor latency on a per circuit connection basis for wide area network service and per-circuit for Internet Access service at 5 minute intervals. A circuit connection or Internet access service circuit is defined as customer end point to a designated monthly summary latency reports to confirm latency for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. Packet Transmission/Packet Loss Levels Vendor shall guarantee that packet loss will be 0.1%, measured on a per circuit connection basis for wide area network service and per-circuit for Internet Access service on a daily basis. Vendor shall monitor packet loss on a per circuit connection basis for wide area network service and per-circuit for Internet Access service at 5 minute intervals. A circuit connection or Internet access service circuit is defined as customer end point to a designated Packet transmission is based upon successful delivery of packets through the Vendor Facilities used to provide service to Owner infrastructure. Packet loss is defined as those packets dropped due to transmission errors and/or congestion/overloading within the Vendor network. monthly summary packet transmission/ packet loss reports to confirm packet transmission/packet loss for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. Jitter Vendor shall guarantee that jitter will be 2 msec, measured on a per circuit connection basis for wide area network service and per-circuit for Internet Access service on a daily basis. Vendor shall monitor jitter on a per circuit connection basis for wide area network service and per-circuit for Internet Access service at 5 minute intervals.
A circuit connection or Internet access service circuit is defined as customer end point to a designated Jitter is defined as the variation in delay for packets traversing the Vendor Facilities used to provide service to Owner. monthly summary jitter reports to confirm jitter for Owner circuit connections, Owner core backbone, and Owner Internet Access circuits. Service and Network Management Overview Vendor shall proactively monitor the Facilities used to provide service to Owner via one or more Network Operations Centers (NOCs). Vendor will contact the appropriate Owner contact when service degradation or service outages are identified. NOC services shall be available 24x7x365. The target response time to notify/acknowledge problems is thirty (30) minutes and resolution time or Mean Time to Repair (MTTR) is four (4) hours. Vendor Field Technicians are available for dispatch to work with NOC technicians to troubleshoot, diagnose and remediate anomalies and/or network issues. Current processes call for network anomalies reported by Owner or circuit to have a call back to Owner or circuit within thirty (30) minutes to, (a) acknowledge issue has been logged and, (b) provide current status. If no call back is received, the escalation process is to be engaged by Owner or circuit. Major outages are defined as those where the circuit performance/throughput is 50%, as averaged over a two (2) hour period. Minor outages are those where the circuit performance/throughput is >50%. In extreme situations however, minor outages, defined as issues with no or little impact on performance or operations, take a lower priority in the Service queue. Standard Service Interval(s) Service response intervals, minor outage, are: Maximum of thirty (30) minutes response/call back to reported issues or anomalies Maximum of two (2) hours to identify problem and report resolution. Maximum of four (4) hours to implement resolution after reported. Major Outage/Emergency Service Interval(s) In the unlikely event of a critical outage, service intervals are escalated to: Maximum of fifteen (15) minute response/call back to reported issues or anomalies. Maximum of one (1) hours to identify problem and report resolution. Maximum of two (2) hours to implement resolution after reported. Service Outage and Service Credits Service Outage: Outage Time is defined as the total time in a month that a circuit is unable to transmit or receive data due to Vendor transport failure. Outages due to a core Internet Access service circuit failure will only be assessed against that circuit. Outage Time is measured from the time Vendor opens a trouble ticket to the time a problem is resolved. Outage Time does not include outages of less than 60 seconds in duration, time attributed to Owner s or circuit s (as applicable) delay in responding to a Vendor request for assistance
to repair an outage, or the following exclusions: failure of any components beyond the core routers/switches maintained by Vendor; failure of any components Vendor cannot correct because Owner or circuit (as applicable) is inaccessible; force majeure events; Owner s or circuit s (as applicable) negligence or willful misconduct or the negligence or willful misconduct of others authorized by Owner or circuit (as applicable) to use the data services, including without limitation, work repair or maintenance performed on Equipment located on Owner s or circuit s (as applicable) premises by persons other than Vendor or Vendor authorized technicians; outages due to Scheduled Maintenance. If the Outage Time is between 5 minutes and 60 minutes (1 hour), Owner will receive a 1- Hour Service Credit for the affected circuit. For each additional time period lasting up to an additional hour, an additional 1-Hour of Service Credit. For example, if an outage lasts 75 minutes, the Service Credit is for two hours. Three (3) or more outages on a given circuit of any duration of five minutes or greater in any 30 day period will result in service escalation and a Customer review meeting. Vendor must provide a dedicated Point of Contact for all technical support issues. RCPS must be notified within 15 minutes when there is an outage or interruption. All maintenance must be approved by RCPS prior to being performed by Vendor. Vendor must have locally available technicians to provide prompt troubleshooting and begin on-site repairs within 2 hours. Vendor must provide usage and speed test reports regularly by email and when requested. Maximum Service Credit Monthly Maximum - Service Credits issued in any month under this SLA will not exceed Eligible Customer s total monthly recurring charge for the affected circuit. Yearly Maximum - The combined cumulative total of Service Credits issued during a contract year under this SLA will not exceed 100% of Customer s annual contract for Vendor Services. Events Excepted from Credit Notwithstanding the foregoing, Licensee shall not receive any credit for a Service Outage or inadequate performance of Services arising from or caused by the following events: (i) Licensee s negligence or the negligence of End-Users or others affiliated with Licensee; (ii) Failure of electrical power to Licensee equipment when power is not provided by Vendor pursuant to this Agreement; (iii) Licensee rejection of a Vendor request to release the Service for testing and repair; (iv) Vendor s inability, due to the action or inaction of Licensee or an End-User, to obtain access required to remedy a defect in Service; (v) Scheduled system maintenance coordinated with Licensee and performed by Vendor NETWORK within the agreed upon time period; (vi) Scheduled upgrade of Service at Licensee s request; (vii) Malfunction of non-vendor equipment or systems. Credit Claim Deadline Licensee must submit a written request to claim a credit allowance for a Service Outage or inadequate performance of Services within thirty (30) days after the service affecting incident. Failure to request an allowance within such period shall constitute a waiver of any claim for a credit. Calculation of Credits
Vendor is responsible for computing and applying service credits that may arise under this section, on the next monthly bill issued to Owner. The Service Credits shall be identified by circuit location or Internet Access Service circuit, as applicable.