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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-001Temp Reso# 10587 December 28, 2004 Page 1 Revision 1 — 01-04-05 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPIATE CITY OFFICIALS TO EXECUTE A MASTER AGREEMENT TO ALLOW THE CITY TO USE THE SERVICES OF THE STATE OF FLORIDA STATE TECHNOLOGY OFFICE AND A SERVICE LEVEL AGREEMENT THAT SPECIFICALLY COVERS THE PROVISION OF DISASTER RECOVERY SERVICES BY AND BETWEEN THE STATE OF FLORIDA STATE TECHNOLOGY OFFICE AND THE CITY OF TAMARAC; AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF $11,820 ANNUALLY, FOR A FIVE YEAR PERIOD EFFECTIVE FEBRUARY 1, 2005 THROUGH JANUARY 31, 2010; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is critical that the City continue certain operations in the event of a disaster including network operation, Internet access, e-mail and AS400/HTE applications for payroll, financial systems and permitting; and WHEREAS, the State of Florida State Technology Office provides support and back- up services to various political subdivisions within the State; and WHEREAS, Section 6-155 of the City code permits purchases from contracts with other governmental agencies; and 1 Temp Reso# 10587 December 28, 2004 Page 2 Revision 1 — 01-04-05 WHEREAS, in order to use the services of the State of Florida State Technology Office, each political subdivision within the State must sign a State Technology Office Master Agreement, attached hereto as Exhibit 1; and WHEREAS, the State of Florida State Technology Office offers disaster recovery services as one of the services available to local governments; and WHEREAS, the State has sub -contracted for disaster recovery services with Sungard Recovery Services LP; and WHEREAS, Sungard Recovery Services LP, as the subcontractor, provides services that include technical staff, shipping hardware to an existing City location or in a mobile data center or having remote data center locations available to City staff; and WHEREAS, in order to use the disaster recovery services offered by the State of Florida State Technology Office, the City must sign a Service Level Agreement for these services, attached hereto as Exhibit 2; and WHEREAS, the specific scope of disaster recovery services to be provided to the City of Tamarac through the Service Level Agreement is enumerated in Attachment E to Exhibit 2 referenced in the Service Level Agreement as "Schedule U; and WHEREAS, the monthly cost for disaster recovery services as enumerated in Attachment E to Exhibit 2 will be $985 per month for a total of $11,820 annually for a period of five (5) years; and WHEREAS, Section 4.2 of the Master Agreement, Exhibit 1, provides the City with an option for cancellation of the entire agreement for convenience at any time during the five (5) year term; and Temp Reso# 10587 December 28, 2004 Page 3 Revision 1 — 01-04-05 WHEREAS, The Director of Information Technology and the Purchasing and Contracts Manager recommend that the appropriate City officials execute a Master Agreement and Service Level Agreement, in the amount of $11,280 annually, effective February 1, 2005 through January 31, 2010; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Master Agreement and Service Level Agreement to provide for disaster recovery services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute a Master Agreement with the State of Florida to use the services provided by the State Technology Office as well as a Service Level Agreement that specifically covers the provision of disaster recovery services by the State Technology Office, both effective February 1, 2005. SECTION 3: An expenditure in an amount not to exceed $11,820 annually for a period of five (5) years effective February 1, 2005 through January 31, 2010, is hereby authorized. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso# 10587 December 28, 2004 Page 4 Revision 1 — 01-04-05 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12t" day of January, 2005. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION cMENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: V/M SULTANOF I DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. k0FT CITY ATTORNEY JED BUSH Governor TONI JENNINGS Lieutenant Governor SIMONE MARSTILLER State Chief Information Officer • • State Technology Office January 11, 2005 The Honorable Joe Schreiber Mayor City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 Dear Mayor Schreiber: I would like to express my sincere appreciation for your continued support of the relationship between your agency and the State Technology Office. You are a valued customer, and STO is committed to continually improving the quality and cost effectiveness of our services to ensure the success of your organization. I look forward to working with your team to determine and implement the information technology services that make the most sense for your organization, the state enterprise, and ultimately, the citizens of Florida. Simone Marstiller State Chief Information Officer 4030 Esplanade Way Suite 115 Tallahassee, Florida 32399-0950 Phone 850.410,4777 Fax 850.922.51 Fit http://www. MyFlorida.com I Paize 1 of 18 STO Master A eement with City of Tamarac December 21 2004 • MyFlofida. com TM State Technology office MASTER AGREEMENT Between the City of Tamarac and State Technology Office Fiscal Year 2005 -- 2010 Page 2 of 18 STO Master A eement with City of Tamarac December 21 2004 • • • Master Agreement Signature Authorization City of Tamarac: oe Schreiber, Mayor City of Tamarac Service Provider: Simone Marstiller, State Chief Information Officer State Technology Office Date Date Page 3 of 18 STO Master AgLeement with City of Tamarac December 21 2004 Glossary of Terms Business Day Monday through Friday excluding State holidays Business Hours 7:00 a.m. EST through 6:00 p.m. each Business Day Change A Change is defined as any changes, hardware, software network, environmental etc., which directly affect the production environment, must be reviewed and approved by the CCB during the weekly Change Control meeting prior to scheduling or implementation. Change Management The STO has established change management procedures and information necessary for the STO to work collaboratively and effectively with the Executive Office of the Governor. Change A change is defined as any changes, hardware, software, network environmental etc., which directly effects the production environment within the Shared Resource Center. Change — Scheduled Planned changes scheduled greater than 07 days in advance. Change — Emergency Change to application, needed in less than 24 hours. An emergency change is performed in order to return a production environment to normal operation. Emergency changes are those problems, due to Customer impact, must be corrected immediately and cannot wait for normal change control, review and approval process. Change -- Pre -approved Advance notification of changes, participation in change control reviews and other related follow-up activities as defined in the detailed change control process for each service level agreement. Customer As defined by F.S. 282 which means a state agency or other eligible entity authorized to utilize the SUNCOM and Information Technology Center Services. Customer Relationship Manager A member of the State Technology Office (STO) Customer Services Organization whose responsibilities are 1) First Point of Contact for Executive Office of the Governors; Service Request Coordination, Problem Resolution and Invoicing Discrepancies, 2) Management of all signed Service Agreements: Conduct quarterly service reviews with each customer, provide Customer feedback for service delivery C/P 3) IT planning and budgeting: new services planning and financial management of accounts. End Users End Users are any member of any group that uses supported products, services or applications outlined in Service Agreements Page 4 of 18 STO Master A cement wit&i h of Tamarac December 21 2004 EPMO The EPMO is responsible for the monitoring of major outsourced services and the management of major projects within the STO. This includes serving as the communications conduit for all contract governance functions, providing continuity and open communications between contractors and service delivery teams. The EPMO provides coordination of the STO business processes through the setting and enforcement of consistent processes and policies for all functions. The ITIB (IT Investment Board) review process is coordinated through the EPMO. This includes review of agency IT feasibility studies, business cases, and budget amendments as needed ETSD Enterprise Technology Services Desk (ETSD) is a cumulative knowledge center that provides automated management of IT resources and services to its Executive Office of the Governor; and tier supports professionals in support of the IT services provided by the STO to STO Executive Office of the Governors Master Agreement Defines the general terms and conditions and sets a baseline of expectations for both the STO and the Customer in delivering and receiving STO services. Master Agreement Coordinator The parties responsible for the coordination of the maintenance of the Master Agreement. MyFlorida Alliance Florida's State Technology Office (STO), Accenture, BearingPoint and numerous information technology (IT) companies have formed an alliance to provide seamless, cost-effective IT solutions to Florida's citizens, businesses and state government. The initiative, MyFlorida Alliance (MFA), creates a new culture of extended enterprise collaboration and a model for other states to follow. This public/private alliance allows the STO to continue to focus on defining, developing, and delivering the enterprise IT products required by Florida and its customers, while Accenture and BearingPoint will undertake responsibility for operating day-to-day core services. MyFlorida Services Refers to all services offered by the STO to include services offered by the MFA and SUNCOM services. Parties Authorized representative of both the STO and the Executive Office of the Governor. Provider The State Technology Office Service Level Agreement (SLA) A Service Level Agreement is a document that outlines the description of a service, the service level guarantees, performance metrics, reporting metrics and both the STO and Customer responsibilities in delivering and receiving service from the STO. Page 5 of 18 STO Master A eement with City of Tamarac December 21 2004 Service Level Agreement The parties responsible for the coordination of the maintenance of Coordinator the Service Level Agreement. Termination of Services Termination of Service consists of all formal communication related to the STO services to stop delivery of said service. is 0 Pa e 6 of 18 STO Master A eement with City of Tamarac December 21 2004 Table of Contents: Master Agreement 2 Glossary of Terms 3 Section 1: Introduction 7 Section 2: Services 7 2.1 Shared Resource Center Statement of Services 7 2.2 SUNCOM Services 7 2.3 Rates for Services g Section 3: Service Level Objectives and Performance Measurement 8 3.1 Service Level Objectives 8 3.2 Service Level Commitment 9 3.3 Policies and Standards 9 Section 4: Dispute Resolution: Termination 9 4.1 Escalation Procedures 9 4.2 Termination of Service 9 4.3 Termination of Agreement 10 Section 5: Change Management 10 Section 6: IT Security Management 10 6.1: Disaster Recovery 11 6.2: Continuity of Operations Planning (COOP) 11 Section 7: Roles and Responsibilities 11 Section 8: Operational Hours/Emergency Services/Contact Information 12 8.1 Hours of Operation 12 8.2 Emergency Services 12 8.3 ETSD Established Severity Levels 12 Section 9: Recovery of Costs 13 LIST OF ATTACHMENTS: 15 Attachment 1: Agreement Change Procedures 16 Attachment 2: List of Services Received by the Customer. 17 Attachment 3: Customer Contact List by Service_ 18 9 Pa e 7 of 18 STO Master Agreement with G11 of Tamarac December 21 2004 • Section 1: Introduction 1.1 Statement of Purpose The Master Agreement is entered into by and between the State Technology Office (STO) and the City of Tamarac. The STO is the State's information technology organization, administratively a part of the Department of Management Services, and includes the Shared Resource Center and SUNCOM services as defined by and in accordance with Section 282.005(5), Florida Statutes. This Master Agreement defines general terms and conditions and communicates the commitment of the provider (STO) to furnish quality and prompt service to the City of Tamarac in a manner that contributes to their successful mission accomplishments. Procedures and required documentation for changes in the Master Agreement are contained in Attachment 1: Agreement Change Procedures. Service Level Agreements (SLA) will be independent documents, by service, provided to the City of Tamarac and may reference portions of this Master Agreement. The STO will render services pursuant to the terms and conditions contained in each SLA which upon mutual agreement will form a separate binding agreement. Additional services or IS project details may be developed through additional service level agreements, and be accompanied by supporting documentation agreed to by both the STO and City of Tamarac. The services under the SLA are subject to the terms and conditions set forth in the Master Agreement unless the SLA expressly provides otherwise Section 2: Services 2.1 Shared Resource Center Statement of Services • Computer operations and support services, including platform access, usage, support, and consulting services required in conducting business with platform business applications, data, and resources. • Application development and support services, including development, maintenance, support, and consulting services for applications Enterprise Technology Services Desk services that respond to user -reported problems and requests for assistance and questions. • Network operations and support services, including network circuit and related access availability for resources owned and /or managed by the STO. 2.2 SUNCOM Services All state customers are required to use the SUNCOM Network for agency communications services. All state customers shall cooperate and assist in the Pa e 8 of 18 STO Master A eement with City of Tamarac December 21 2004 development and joint use of communications systems and services in accordance with Section 282.103, Florida Statutes. The STO encourages all of its customers to use SUNCOM services to the fullest extent possible as increased volume results in reduced prices for all as well as the addition of value-added services such as more flexible terms, protection from technological obsolescence, termination penalties and 24 X 7 support from the SUNCOM Network Operations Center. Each Customer needs to have a SUNCOM Network Services Agreement on file with the STO. This document will be keep on file as part of the Master Agreement with the STO, additionally copies will be kept with the SUNCOM invoicing department for future reference. Find out more about registering at the STO website: hftp://sto.myflorida.com/customers/registration.htm 2.3 Rates for Services All rates for specific STO services shall be set forth in each SLA and City of Tamarac shall pay the STO all recurring and non -recurring fees and other charges for services rendered in the amounts and in the manner specified therein and in the STO Master Agreement as mutually agreed upon by the STO and City of Tamarac. Rates for the STO services can be found on the STO website at http://sto.myflorida.com/products Section 3: Service Level Objectives and Performance Measurement 3.1 Service Level Objectives Service Level Commitment shall be set forth with respect to each individual service in the Service Level Agreement. ETSD: Tier One STO services support will be provided by the Enterprise Technology Services Desk (ETSD) unless otherwise specified in the individual service SLA. When a Customer signs an SLA for STO services the Customer is responsible to provide the ETSD with all of the necessary contact and organizational support information to ensure that the ETSD is able to meet its service level guarantees. • Tier One Services Desk Support: 96% of calls resolved within 24-hour notification. Number of Tier One desktop support calls resolved within 24 hours divided by total number of calls. Specific service levels based on severity and impact are defined in section 7.3 of this agreement. • STO Management will provide monthly Status Reports regarding problem tickets and resolution. Page 9 of 18 STO Master AffSement with City of Tamarac December 21, 2004 0 3.2 Service Level Commitment The Service Level Commitment, measurement and reporting objectives shall be defined by service in each respective Service Level Agreement and attached here under to be governed as a part of the STO Master Agreement. 3.3 Policies and Standards To ensure that the STO keeps necessary standards, policies have been developed for assurances to quality. Policies relating to the portal, enterprise security, Americans with Disabilities Act (ADA), as well as software development can be found at: hftp://sto.myflorida.com/standards/ Section 4: Dispute Resolution: Termination If a problem or issue is not resolved to City of Tamarac's satisfaction, the Customer may escalate the problem or issue to the appropriate contact. There are four levels of escalation: 4.1 Escalation Procedures Disputes in services, invoicing or complaints will be given to the STO or City of Tamarac in writing stating any issues and must include evidentiary detail supporting the correspondence. Should service problems still exist after escalation to level three (3), a corrective plan of action will be developed by STO Managed Services and a timeline for resolution will be mutually agreed upon by the STO and City of Tamarac. Level City of Tamarac STO 1 City of Tamarac MA Coordinator Customer Services Representative 2 City of Tamarac Chief Technology Officer or authorized delegate. STO Chief Technology Officer / STO Chief Operations Officer 3 City of Tamarac authorized delegate State Chief Information Officer 4.2 Termination of Service To terminate a service the Customer shall contact the ETSD at 850.487.1746 to make this request. Customer shall also notify the STO in writing of a request to terminate a service. Until such time the STO receives the written request for termination of a service the STO will continue to invoice the Customer for said service. If the STO cancels a service, the Customer will be contacted either by mail or email (for services offered to numerous Executive Office of the Governors, like subscription services), or by the STO Customer Relationship Manager if a service is agency -specific. Ninety days notice is Page 10 of 18 STO Master A eement with Cily of Tamarac December 21 2004 required for normal termination of a service; however, in emergency situations, 48 hours is required for the service to cease. If a master agreement is terminated by the customer all associated SLA shall also be terminated. 4.3 Termination of Agreement Customer may withdraw, in writing, its notice of intent to terminate if STO cures the service problem(s) within the 30 day period. Otherwise, the master agreement and all services rendered by the STO hereunder will terminate as of the last day of the 90-day period. Section 5: Change Management The STO has established change management procedures and information necessary for the STO to work collaboratively and effectively with the Executive Office of the Governor. City of Tamarac and other Executive Office of the Governors of the STO are required to use the STO change management procedures. This includes advance notification of changes, participation in change control reviews and other related follow- up activities as defined in the detailed change control process for each service level agreement. City of Tamarac agrees to provide contact information for emergency change approval and notification as well as scheduled changes. It is the Executive Office of the Governor's responsibility to use the change procedures for all scheduled and emergency changes to establish communication and alerts for the STO and other STO Executive Office of the Governors through the Enterprise Technology Services Desk (ETSD). The ETSD charges will not be applied to change order requests or notifications of problems and outages for services provided to City of Tamarac. A change management procedure will be attached to the Service Level Agreement for each STO service provided to the Executive Office of the Governor. Section 6: IT Security Management To ensure the integrity of the State of Florida network and all associated information technology systems, City of Tamarac agrees to cooperate where reasonable and applicable with the STO Information Security Office to: • Report any network security violations to the STO Technology Services Desk as soon as possible. • Familiarizes itself with STO's Security Plan and Policies, and bring any security issues not included to the attention of the STO Information Security Office. • Participate in STO security exercises • Participate in STO sponsored monthly security managers meeting. • Suggest improvements to security and security policies and forward such suggestion to the STO Information Security Office. • Communicate security rules and policies to appropriate EOG staff and established a communication plan to distribute security policies, and such policies are followed, without exception Page 11 of 18 STO Master Ajueetnent with City of Tamarac December 21 2004 • Maintain appropriate number of security administrators to perform business • functions such as resetting passwords and connecting/disconnecting to security groups. The Information Security Office is responsible for the integrity of the State of Florida Network and all associated information technology systems. The STO agrees to, at a minimum, the following: • Development of policies and procedures in accordance with Section 282.318, Florida Statutes. Provide for distribution of these policies and procedures to City of Tamarac. • Solicits City of Tamarac input on security issues, measures and improvements. • Maintain all security measures to protect the security of the Data Center and the City of Tamarac information and information systems. 6.1: Disaster Recovery Customers are responsible for their own disaster recovery planning. The STO offers a Disaster Recovery Service through which customers can meet their statutory requirements for the disaster recovery of their mission critical business functions in serving the needs of Florida's citizens. The STO will work with Executive Office of the Governors who receive STO Data Center Services to ensure that the City of Tamarac understands how to include STO services in their Disaster Recovery planning. The City of Tamarac disaster recovery plan will be updated and make reference to the STO Data Center Services Disaster Recovery plan for those Data Center Services that include backup, storage and restore services. 6.2: Continuity of Operations Planning (COOP) Customers are responsible for their own COOP planning. The STO offers a Disaster Recovery Service to include a Continuity Planning Management Office that offers consulting services for COOP planning. It is the responsibility of the City of Tamarac to maintain an up-to-date COOP plan and to provide COOP information to the STO with regard to any service the STO provides in support of mission critical business functions. Section 7: Roles and Responsibilities Mutually agreed to baseline responsibilities, roles and commitments for information technology services will be established in the Service Level Agreements specific to the STO services provided to City of Tamarac. Based on current Federal guidelines the City of Tamarac will retain the ownership and access to the Customer data, applications and hardware. Further, City of Tamarac retains the right to make changes, based on STO change management procedures, to its data, applications and hardware. Changes and modifications to City of Tamarac data, applications and hardware by will only be made after coordination with City of Tamarac. If applicable Federal guidelines change, this agreement will be reviewed and modified by both parties based on the new guidelines. Page 12 of 18. _ _ STO Master AMement with -City of Tamarac ._December 21, 2004 Roles and responsibilities within any of the attached Service Level Agreements will only relate to the services provided by the State Technology Office and its vendors, on resources owned and or managed by the State Technology Office, and would not relate to services that are performed Executive Office of the Governor's internal IT section or other designated City of Tamarac staff on City of Tamarac property. This Master Agreement is an exclusive and individual agreement for services and may not be assigned in whole or in part by STO without prior consultation with City of Tamarac Section 8: Operational Hours/Emergency Services/Contact Information 8.1 Hours of Operation Hours of operation and support availability vary depending on the service. General Support hours of operation are from 7:00 A.M. to 6:00 P.M. EST/EDT, Monday through Friday, excluding holidays. 8.2 Emergency Services Emergency services are available through the Enterprise Technology Services Desk (ETSD) seven (7) days per week, twenty-four (24) hours per day, including holidays. • The main ETSD number (850-487-1746 (Tallahassee) or 866-693-5873 (long distance)) is available on a 24 x 7 basis. If problems or issues persist, a list of contact names and numbers are contained in each service level agreement. 8.3 ETSD Established Severity Levels All ETSD requests entered will be assigned a case number and a severity level based on the following table. Note the examples listed are not exclusive. The ETSD professional will assist the Customer in determining the proper severity to assign to the case based on the detailed description provided. ETSD management may direct a change to the severity assignment as the status of the pending resolution changes or as legislative mandate defines. It must be noted that current legislative mandate defines the maximum Customer response time for State Government entities cannot exceed 24 hours from the last business day. The case will be escalated and prioritized based on these severity definitions. 0 Pa a 13 of 18 STO Master Agreement with Qfty of Tamarac December 21 2004 a Customer©ef First Contact Severity . ined Severity Service Description Level* Critical 15 minutes The majority of customers are experiencing a complete failure of a mission critical application, platform or connection that is interrupting the Executive Office of the Governor's business function. Or there is a non -life threatening issue that is causing financial loss to the Customer or agency. 2 High 30 minutes A Customer is experiencing a partial failure of a supported application, platform, connection or environment that is disrupting the Executive Office of the Governor's business function. 3 Medium 4 hours A Customer is experiencing a reduced level of efficiency and performance of a supported application, platform, connection or environment that is impacting the Executive Office of the Governor's business productivity. 4 Low 24 hours . A Customer has a functional (how to) question that they cannot answer through the knowledge base or wants to submit a request for installation, moving, adding or changing something in their technical or physical environment. * The maximum time period allowed for a Tier 1 Professional to attempt to contact the Customer after the ETSD has been contacted and the case has been put into an "ASSIGNED" status. Section 9: Recovery of Costs Recovery of costs by the STO will be executed in accordance with a federally approved state indirect cost rate proposal, based on the requirements of Attachment E to Federal OMB Circular No. A-87. The direct service costs will be those rates charged to the STO by the entities with which the STO has contracted to provide the applicable service or services, while the indirect service costs shall be a portion of the STO's total estimated administrative/overhead costs. The allocation of indirect service costs to a given service will be based on a distribution methodology designed to ensure that no Customer entity or program is charged more than an equitable share of the indirect costs that the STO must recover from its Executive Office of the Governors. Meeting the requirements of OMB Circular No. A-87, Attachment E, indirect service cost charges shall be based on a percentage rate of total direct service costs. When combined, the direct and indirect service charges constitute the total cost to the Customer for the service being provided. Once submitted for approval, the STO will provide Executive Office of the Governors with copies of the indirect cost rate proposal upon request. The STO will invoice the Customer on a monthly basis for the service or services provided as listed in this agreement. The Customer agrees to pay the STO for these Pa a 14 of 18 STO Master A eement with City of Tamarac December 21 2004 services according to the current published STO rates. The Customer agrees to pay for services provided as required that are outside those listed in this agreement at the current published STO rates. If for any reason an amount that the STO has invoiced a Customer is ultimately shown to be incorrect, the appropriate credits and/or debits will be included on a subsequent invoice based on the invoicing dispute and resolution process laid out in this agreement. Invoice corrections that span fiscal years will be handled as a service fee credit if the STO is overpaid and a debit for service fees if the STO is underpaid for services. In the case where a debit or credit for service is issued to the Customer, the STO shall clearly identify the charge as an Exceptional Event to be included within the first billing cycle of the new fiscal year. Credits for downtime or inaccessibility in production, beta or development regions will be issued against charges incurred based on Section 3: (3.2) Service Level Commitment. Credits will not be issued in cases involving Customer action resulting in the downtime or inaccessibility. The Customer agrees to pay for services provided within 40 days of invoice receipt. Invoice amounts in question by the Customer may be placed in dispute and handled according to the process outlined in the Escalation Procedures on page 4. The Customer may withhold payment only on the disputed portion of the invoice until the problem or issue is resolved by the STO and the Customer or through mediation. The Customer will have 15 days after receipt of an invoice to file with the STO a written dispute of any charges. If a written dispute is not filed with the STO within 15 days, the Customer will be held responsible for payment of the amount invoiced for services provided. The Customer acknowledges that it is in the best interests of the state for the STO to meet its financial obligations to the entities with which the STO has contracted to provide these services, and that prompt Customer payment of undisputed amounts on STO invoices is a necessary component of satisfying these obligations. Therefore, failure to pay undisputed amounts promptly may subject the Customer to any necessary remedial actions, including the possibility of interest charges and limitation or discontinuation of services. Invoice payments will be made via journal transfer whenever possible. If making your payment by check, please include the invoice number on the check and make the check payable to: Department of Management Services PO Box 5438 Tallahassee, FL 32399-5438 The cost recovery rates for service are subject to change as circumstances warrant; however, the STO will make every effort to work with its Executive Office of the Governors and provide sufficient advance notice of any service rate increases that become necessary. Page 15 of 18 STO Master Agreement with City of Tamarac December 21, 2004 LIST OF ATTACHMENTS: • Attachment 1: Agreement Change Procedures Attachment 2: List of Services Received by the Customer Attachment 3: Customer Contact List by Services r] 0 PaXe 16 of 18 _ _.__. STO Master Agreement with, City of Tamarac December 21, 2004 0 Attachment 1: Agreement Change Procedures This Master Agreement will remain in effect unless replaced with an updated version. The STO and the City of Tamarac will review the document annually for accuracy, completeness and relevancy. To make any modifications to this agreement, the City of Tamarac will notify their Master Agreement Coordinator. Modifications to the Master Agreement will be made in writing with the mutual agreement by both parties. To make any modifications to this agreement, the Master Agreement Coordinators listed below must be contacted and modifications jointly approved by the City of Tamarac and STO representatives or their designees. Master Agreement Coordinator Name Phone STO MA Coordinator Ra hib Qureshi 850 413-0319 Cit of Tamarac MA Coordinator Levent Sucuo lu 954 724-1300 Document Change Management If changes to the Master Agreement are necessary prior to the annual review period: 1) Either agency needing to modify the master agreement contacts its Master Agreement (MA) Coordinator to review the needed changes; 2) The Coordinator contacts the designated MA Coordinator of the other agency to set up a meeting; 3) The meeting is held with the appropriate staff from both customers to discuss the necessary changes; 4) After the modifications are accepted by both customers, the MA Coordinators from both customers document the modification. Revision Log Any revisions or amendments to this agreement shall be documented in the Revision Log and initialed by the City of Tamarac and the State Technology Office (STO) representatives or their designee. Date Revision # Brief Description of Change Master agreement Coordinator's (or designee) nitials STO City of Tamarac Page 17 of 18 ST4 Master A eement with Cily of Tamarac December 21 2004 Attachment 2: List of Services Received by the Customer. Disaster Recovery Services • 0 Page 18 of 18 STO Master A eement with City of Tamarac December 21 2004 0 Attachment 3: Customer Contact List by Service The Customer is asked to complete the table with the appropriate contact name(s) for each application / service provided. The contact(s) should have ample knowledge and experience with the application / service to provide an educated assessment for the agency. Billing Account Name Account # Contact Name E-mail Address Disaster Recove • • Pame 1 of 40 STO Service Level A eement with City of Tamarac December 21 2004 C1 J C, MyFloddaxom State Technology Office SERVICE LEVEL AGREEMENT Between the City of Tamarac and State Technology Office Service: Disaster Recovery Services Fiscal Year 2005 — 2010 I Page 2of 40 STO Service Level A eement with City of Tamarac December 21 2004 0 Account Title: DISASTER RECOVERY SERVICES Signature Authorization Customer Jo Schreiber, Mayor Date ity of Tamarac State Technology Office ffA c Amt& I-11-XD5 Simone Marstiller, State Chief Information Officer Date . State Technology Office 1-1 Pale 3of 40 STO Service Level A Bement with fily of Tamarac December 21 2004 TABLE OF CONTENTS Section 1: introduction 1.1 Introduction 1.2 Statement of Purpose 1.3 Document Change Procedure 1.4 Term of the Agreement 1.5 Hierarchy of Agreements Section 2: Continuity Program Management Services _ 2.1 Continuity Program Management Service Description 2.2 Continuity Program Management Office 2.3 Continuity Program Management Deliverables — 2.4 Continuity Program Management Responsibilities 2.4.1 STO Responsibilities 2.4.2 Customer Responsibilities 2.4.3 Service Provider Responsibilities 6 6 _6 _6 _7 _7 8 _8 _8 _8 12 12 13 13 is 2.5 Continuity Program Management Performance Metrics 14 Section 3: Information Availability Consulting Services 15 3.1 Information Availability Consulting Services Description 15 3.2 Information Availability Consulting Services Deliverable 15 3.3 Information Availability Consulting Services Responsibilities 15 3.4 Information Availability Consulting Services Performance Metrics 15 Section 4: Planning Software 16 4.1 Planning Software Description 16 4.2 Planning Software Deliverable 16 4.3 Planning Software Responsibilities 16 4.3.1 Customer Responsibilities 16 4.3.2 STO Responsibilities 17 4.4 Planning Software Performance Metrics 17 Section 5: Recovery Services 19 5.1 Recovery Services Description 19 5.1.2 DISASTER 19 5.2 Selected Recovery Services 19 Page 4of 40_ STO Service Level Agreement with City of Tamarac December 21 s 2004 rI • • 5.2.1 Center -Based Recovery Services 5.2.2 Mobile Recovery Services 5.2.3 Extended Use 5.3 Network Services 5.3.1 Redirect Services 5.3.2 Web ReDirect Services 5.3.3 Internet Access Services 5.4 Recovery Services Terms and Conditions 5.4.1 Test Time 5.4.2 Facility and Mobile Work Group Space 5.4.3 Technology Exchange 5.4.4 Equipment Growth 5.5 Recovery Services Deliverables 5.6 Recovery Services Responsibilities 5.6.1 Customer Responsibilities 5.6.2 Service Provider Responsibilities 5.7 Multiple Disaster Protection 5.7.1 Multiple Disasters 5.7.2 Access and Use Procedures 5.7.3 Crisis Management Section 6: Rates for Services 6.2 Invoicing 6.3 Recovery of Costs Section 7: Dispute, Escalation and Termination of Service 7.1 Disputes or Complaints 7.2 SLA Escalation Procedures 7.3 Terminations Network Services Termination Section 8: Change Management Section 9: Operational Hours/Emergency Services/Contact Information 9.1 Hours of Operation 9.2 Emergency Services 9.3 Contact Information _19 _ 20 _21 21 _21 21 22 .22 .22 23 .23 .23 .24 .24 _24 .26 .28 .28 .29 .29 29 30 30 30 30 30 31 31 31 31 31 32 32 Page 5of 40 STO Service Level A2reement with Cily of Tamarac December 21 2004 0 LIST OF ATTACHMENTS pitj Attachment A: Service Level Agreement (SLA) Document Change Procedure— 34 Attachment B: Rates for Services 35 Attachment C: Continuity Program Management Services Attachment D: Information Availability Consulting Services Attachment G: Contact Names and Nummbers 38 39 40 Page 6of 40 STO Service Level Agreement with CAY of Tamarac December 21 2004 Section 1: Introduction 1.1 Introduction The State Technology Office employs two types of agreements to promote customer satisfaction and Service Provider accountability: 1. A Master Agreement for each customer; and 2. A Service Level Agreement for each major producttservice area. Master Agreements facilitate service delivery to individual customers, and Service Level Agreements facilitate the management of individual product/service offerings for each customer. The State Technology Office provides a Master Agreement as a general service delivery agreement between the Customer and the State Technology Office. For each product/service area, the State Technology Office provides a Service Level Agreement to the Customer, defining the services specific to individual product/service areas. The Service Level Agreement (hereinafter referred to as the "SLA") for Disaster Recovery Services is entered into by and between the State Technology Office (hereinafter referred to as "STO") and the City of Tamarac (referred to in the STO Disaster Recovery Statement of Work (SOW) as "Eligible User" and herein after referred to as "Customer"). For purposes of this agreement and as used herein, Customer shall mean those "state parties" or "parties" as defined in Section 282.0041(a) and Section 216.011(1)(gg) of the Florida Statutes and those "public bodies" or "political subdivisions" as defined in Section 1.01(8) and Section 252.34(8) of the Florida Statutes. The STO is the State's information technology organization, • administratively a part of the Department of Management Services, and includes the Shared Resource Center and SUNCOM services as defined by and in accordance with Section 282.005(5), Florida Statutes. For the purposes of this agreement "Service Provider" referred to in the Disaster Recovery SOW as "Service Provider", used herein after shall mean SunGard Availability Services LP located at 680 East Swedesford Road, Wayne, Pennsylvania 19087. 1.2 Statement of Purpose The purpose of the SLA is to define the Disaster Recovery Services and deliverables to be provided by the STO and Service Provider, the roles & responsibilities of the parties related to delivery of services, the performance metrics for the services, the rates for services to be paid by the Customer to the STO for such services, and any special terms and conditions applicable to such services. Additionally, this SLA communicates the commitment of the STO and Service Provider to furnish quality and prompt service to the Customer in a manner that contributes to their successful mission accomplishment. Under this agreement the STO will provide Information Availability Consulting Services as defined in Attachment D: The SunGard SOW for COOP. 1.3 Document Change Procedure If changes to the SLA are necessary prior to the annual review period, reference Attachment A: SLA Document Change Procedure for the appropriate procedure. Page 7of 40 STO Service Level Agreement with Cily of Tamarac December 21 2004 • 1.4 Term of the Agreement The agreement commences on DATE and will continue in force without interruption unless terminated pursuant to the terms and conditions defined in the Master Agreement Section 4: Dispute Resolution; Termination or ends based upon the maximum allowable time remaining in the contracted term of the SOW with the Service Provider defined as February 4, 2009 plus 2 one year renewals at the discretion of the STO. 1.5 Hierarchy of Agreements All conditions and stipulations contained in the STO/Customer Master Agreement and its attachments apply to this SLA, unless expressly superceded herein. 0 Pale 8of 40 STO Service Level Aareement with Cily of Tamarac December 21 2004 • Section 2: Continuity Program Management Services 2.1 Continuity Program Management Service Description The STO and Service Provider will perform Continuity Program Management Services according to the terms of this agreement. The STO's continuity objective is to implement an effective continuity program for critical business functions, and the data, applications, and technology infrastructure that support each function. To achieve this objective, in a consistent and measurable way, requires Continuity Program Management Disaster Recovery Plan Enhancement and Maintenance Services as defined in Section 2.2 and the execution of various Continuity Life Cycle activities coordinated through a Continuity Program Management Office (CPMO). 2.2 Continuity Program Management Office The STO Executive Sponsor, in coordination with the STO Product Manager and Service Provider, will provide a CPMO, in addition to the Continuity Program Management Services being provided to the individual Customer. The CPMO will perform the following functions for the various customer continuity projects: Project Management Reporting Awareness Training Preparation Change Management Recommendations Continuous Improvement Coordination The CPMO will receive a monthly status report on the STO and Customer's continuity efforts supported in the agreement. The CPMO will be operational October 1, 2004. 2.3 Continuity Program Management Deliverables The scope of the Continuity Program Management Services for Disaster Recovery Plan Enhancement and Maintenance includes the initiation, planning, execution, control/coordination, and closure of continuity related projects. For the purposes of the Continuity Program Management Services, the Customer must have an IT disaster recovery plan for their main data center pre -audited by the Service Provider. 2.3.1 Initiation Phase During the Initiation phase of the project, the CPMO will work with the Customer to define the following Continuity Program Management deliverables. Pale 9of 40 STO Service Level Agreement with Cily of Tamarac December 21 2004 • C, 0 , +` :r 40 yi,i .1"I,1+,k !, r, ; Due Date Deliverable High Level Work Breakdown Structure and Project Schedule (30) days from the Customer's Acceptance and Signature of the SLA Draft Program/Project Scope Statement (30) days from the Customer's Acce tance and Signature of the SLA Draft Program/Project Charter (30) days from the Customer's Acceptance and Signature of the SLA 2.3.2 Planning Phase During the Planning phase of the project, the CPMO will work with the Customer to define the following Continuity Program Management deliverables. 'E '� I�'E��4. .s % i.�• `X �i r. ,'�+« �4 9i'xP. ?"I bT4'�:6' (% 3,`�v§•+ :: .}"Pxi Deliverable d,,, Y Due Date Work Breakdown Structure and Schedule (60) days from the Customer's Acce tance and Signature of the SLA Communications and Reporting Plan (60) days from the Customer's Acce tance and Signature of the SLA Contract Change Management Structure (60) days from the Customer's Acce tance and Signature of the SLA Deliverable Acceptance Criteria (60) days from the Customer's Acceptance and Signature of the SLA Quality Control Plan Structure (60) days from the Customer's Acceptance and Si nature of the SLA 2.3.3 Execution Phase During the Execution phase of the project, the CPMO will perform the following minimum activities and provide the following deliverables required to maintain the Customer's Recovery Plan. RecoveEy Plan Conversion The Service Provider will enter and update the existing technology recovery plan for their main data center into the STO provided recovery planning software tool. Continuity of Operations Plans Conversion The Service Provider will assist the Customer with the conversion of the Customer's existing Continuity of Operations Plans (COOP) into the STO provided recovery planning software through the initial and annual ongoing software training program. Page l0of 40 STO Service Level Ajereement with City of Tamarac December 21 2004 • Deliverable Due Date Updated IT Disaster Recovery Plan in Recovery TBD based on Work Breakdown Planning Software Structure and Schedule defined in the Planning_Phase 2.3.4 Control/Coordination Phase During the Control/Coordination phase of the project, the CPMO will perform the following minimum activities and provide the following deliverables required to support the Customer Recovery Plan. Test Programs The Service Provider will review and coordinate the ongoing test programs to provide an independent assessment on the effectiveness of the test program. Test plans and results will be reviewed and any deficiencies identified. Findings and recommendations, along with suggestions for future tests, will be documented for management review and action. Walk -Through The Service Provider will schedule and lead a walk-through exercise. The purpose of this activity is to help ensure that recovery personnel are trained and prepared to respond to a disaster. The Service Provider will work with Customer's Project Coordinators to: - Design realistic test scenarios - Establish test goals, checkpoints, milestones and evaluation criteria - Develop a summary report following the exercise Technology Recovery Plan t Enhancement and Maintenance _., , ce Project Schedule The Service Provider will update the work breakdown structure and project schedule. - The year's activities, current business environment and expected changes are reviewed. - Required changes to Plan strategies and recovery timing objectives are discussed. - Changes to recovery team membership and functional responsibilities are identified, plus any other issues that may impact maintenance requirements. The Customer and Service Provider will mutually agree to a set of enhancement and maintenance activities for the coming year. Dates will be scheduled so that both parties can effectively manage and schedule their resources. The Service Provider will document the is results in the Plan Enhancement and Maintenance Project Schedule. Page 11 of 40 STO Service Level Aareeinent with Cily of Tamarac December 21 2004 • Deliverable Due Date Updated Test Programs TBD by Service Provider and Customer Test Scenarios TBD by Service Provider and Customer Test Summary Report Upon completion of Walk -Through Updated Work Breakdown Structure and Schedule TBD by Service Provider and Customer 2.3.5 Closure Phase At the conclusion of each year's Continuity Program Management Service, the Service Provider will develop and present a Project Status Report to each Customer. The report will contain information on: — Project accomplishments -- Outstanding concerns — Recommended actions for the next maintenance contract year � P I"" y, ""' $ 4�mR e�� ', r¢ Y ` �.a rp• . ���«;.. '" � s yt� ,3,y«' ,-d Deliverable Due Date Project Status Report Year End from the commencement of this agreement 2.3.6 Annually Annually, the CPMO will perform the following minimum activities and provide the following deliverables required to maintain the Customer's Recovery Plan. The CPMO will provide assistance in enhancing and maintaining the Customer's technology recovery plans to help ensure the viability of their continuity program while minimizing the effort of the Customer's own staff. The Service Provider will address the maintenance requirements by providing periodic on -site maintenance visits to guide and assist the Customer with their plan enhancement and maintenance program. These on -site visits will be used to conduct a set of annual maintenance activities and/or certain optionally selected enhancement activities. Annual Technology Recovery Plan Review and Update The Service Provider will schedule and conduct plan review sessions, according to the Project Schedule, as applicable. The primary deliverable is an updated Plan. Page 12of 40 STO Service Level Ajereement with Cily of Tamarac December 21 2004 Individual team meetings and/or training sessions will be conducted to review and verify the actions and tasks that an individual would perform during a recovery. During these sessions, the recovery personnel will refresh their knowledge of their recovery assignments and how they will be performed. The Service Provider will review, update and republish the Plan procedure documentation following the plan review sessions, reflecting the identified required changes. The Service Provider will interview Customer's personnel to review existing support requirements and preparedness. Plan updates will be developed and published to reflect any required revisions. Administrative updates to the Plan (e.g., name changes, minor procedure corrections) will be made by the Service Provider and Customer's personnel as appropriate, using the STO recovery planning software. Annual Walk -Through The Service Provider will schedule and lead an annual walk-through exercise, similar in nature and scope to that performed during the Continuity Program Management Service. The purpose of this activity is to continue to ensure that recovery personnel are trained and prepared to respond to a disaster. The test scenario will be modified from year to year to help add variety to the training program. The Service Provider will work with Customer's Project Coordinators to: - Design and modify realistic test scenarios - Establish test goals, checkpoints, milestones and evaluation criteria Develop a summary report following the exercise 2.4 Continuity Program Management Responsibilities 2.4.1 STO Responsibilities The STO shall define the Executive Sponsor. The Executive Sponsor shall have the authority to make decisions and engage the necessary individuals to carry out the objectives and responsibilities of the agreement. The Disaster Recovery Product Manager (PM) is responsible for strategic planning and quality assurance. The Disaster Recovery PM will assure that the STO Disaster Recovery Product is based on current industry standards ensuring reliable and feasible COOP and Recovery Service provision for the Customer. The Disaster Recovery PM will work with the Service Provider and the STO Disaster Recovery end user community to mutually amend the Disaster Recovery Statement of Work (SOW) to reflect industry changes and improvements in providing comprehensive recovery services. A Customer Relationship Manager (CRM) is assigned to each customer and is responsible to coordinate with the STO Disaster Recovery Product Manager and the Service Provider to facilitate a smooth transition and implementation of the Disaster Recovery Service for the 16 Customer's organization. The CRM will coordinate with the CPMO, the DR PM and the Customer to ensure that the Customer's COOP and Disaster Recovery plan and the STO's Disaster Recovery plan for Shared Resource Center Services provide the appropriate recovery Pa&e 13of 40 STO Service Level AgLeement with Cily of Tamarac December 21 2004 • services to meet the Customer's critical business needs. The CRM will also serve as a liaison between the customer, STO and the Service Provider to ensure customer satisfaction with the Disaster recovery Service as defined in this Agreement. The STO shall provide dedicated office space for the CPMO personnel 2.4.2 Customer Responsibilities The Customer shall provide to the Service Provider, as and when necessary, all information, data and other materials concerning Customer personnel, operations and facilities and other relevant aspects of the Customer's business, to the extent required by the Service Provider to properly perform the services to be provided to the Customer hereunder. The Customer shall be responsible for preparing and maintaining backup or duplicate copies of all such information, data and materials, and the Service Provider shall have no liability for any loss or damage resulting from the Customer's failure to do so. The Customer shall provide the Service Provider access to the Customer's offices / facilities at mutually agreeable times, make available to the Service Provider personnel having knowledge of the Customer's operations and other relevant aspects of the Customer's business, and cooperate with the Service Provider in all respects necessary to allow the Service Provider to perform the services to be provided to the Customer. The Customer shall define a Program Manager as the focal point for delivery of the services and for directing the efforts of all personnel participating in the project. The Program Manager will provide monthly status reports to the CPMO on the Customer's continuity efforts supported in the agreement. The Customer shall ensure executive -level support and sponsorship throughout the life of the engagement. The Customer shall retain overall control for the continuity capabilities and operations. The Customer shall make all information relating to its business and technical operations available. The 'Customer shall participate in the planning and execution of continuity tests. The Customer shall make all interim and final decisions regarding its continuity program in a timely manner. The Customer shall provide reasonable access to executive, business and technical resources familiar with the Agency's business and technical operation environment and procedures. 2.4.3 Service Provider Responsibilities The Service Provider shall integrate and manage the critical dependencies that exist between multiple inter -dependent projects. Project teams must work in conjunction with the CPMO to help ensure timely and coordinated accomplishment of tasks, deliverables, and projects. Page 14of 40 STO Service Level Azreernent wiflLOty of Tamarac December 21 2004 The Service Provider is responsible for scheduling annual planning sessions and briefings with the Customer executives to review program status, establish priorities, and approve recommended solutions. The Service Provider is responsible for assigning appropriate personnel, as required, to produce the deliverables outlined in the SLA. 2.5 Continuity Program Management Performance Metrics 2.5.1 Monthly The STO will review the Monthly Status Report, Team Meeting Minutes and Updated Project Plans provided by the Service Provider. 2.5.2 Quarterly The Service Provider will provide the STO a Quarterly Status Report including the following: Executive summary — Baseline from previous quarter Key scorecards — Issues and ninety -day action plan — Exception -based event reporting • 2.5.3 Annually Additionally, the Service Provider will provide the STO an Annual Strategic Plan outlining the next year's objectives, budgets, goals & projects, and priorities. Any deficiencies with the Continuity Program Management Services deliverables shall be reported in writing to STO Customer Services within (15) days after receiving deliverables. The Service Provider shall correct identified deficiencies in the deliverables within a mutually agreed upon time period. Page 15of 40STO _Service Level Agreement with City „of Tamarac December 21, 2004 0 Section 3: Information Availability Consulting Services 3.1 Information Availability Consulting Services Description Customers have the ability to add related Information Availability Consulting Services as needed. Examples of Information Availability Consulting Services include, but are not limited to: • Disaster Recovery Plan • Business Continuity Plan • Business Impact Analysis • Risk Assessment • Information Availability Assessment • High Availability Needs Assessment 3.2 Information Availability Consulting Services Deliverable Individual requirements will be consolidated into a custom SOW for each requested consulting engagement. 3.3 Information Availability Consulting Services Responsibilities The Service Provider will execute the agreed upon responsibilities outlined in the custom SOW. 3.4 Information Availability Consulting Services Performance Metrics The Service Provider will complete the Information Availability Consulting Services as defined in the SOW within the mutually agreed upon time period and add the Consulting Services SOW to the List of Attachments under this agreement. 0 Page 1 bof 40_... STO Service Level Agreement with City of Tamarac December 21, 2004 0 Section 4: Planning Software 4.1 Planning Software Description Service Provider's web -based recovery planning software will be used to develop and maintain the Disaster Recovery Plan. Standard Hosting Services for the recovery planning software include: • System monitoring: Performance and reporting on critical system metrics. • Hardened Facility: Physical security levels protected with keycard and biometric procedures in place to ensure only authorized personnel access the facilities. Additionally, the building is architecturally secure against natural disasters. • Redundancy: Provides continuous availability of service. • 24x7 staffing, maintenance, and operations. • System Security: Strong control including system scanning and audits. • Redundant Power: Provided for the hosted environment to maintain 24x7 availability. • Backups: Daily and weekly backups of files are performed on hosted systems. • Firewall and Host Security: Includes comprehensive security mechanisms to ensure the integrity of each hosted service. • Intrusion Detection System (IDS) scanning: Ensures protection against computer hackers and unauthorized access to hosted systems from external sources. • 4.2 Planning Software Deliverable The STO will grant use of the software to the Customer within (30) days from Acceptance and Signature of the SLA. 4.3 Planning Software Responsibilities 4.3.1 Customer Responsibilities (a) License Terms and Conditions Software and related documentation must be used for internal business purposes only and strictly in accordance with this agreement. (b) Disclosure and Use Restrictions The Software and Documentation, and the related object code, source code, design features, visual expressions, screen formats, report formats, trademarks and copyrights, and the ideas, methods and concepts used in the Software or Documentation, and all modifications of the foregoing, are Service Provider's valuable, confidential property. Customer will not (a) sell, license, distribute, transfer, communicate or disclose any of those items to any third party; (b) copy, except for a reasonable number of backup or archive copies Page 17of 40 STO Servicc Level A „eement with City of Tamarac December 21, 2004 M and backup copies for disaster recovery purposes or as expressly provided herein; (c) modify any of those items, or decompile, reverse engineer, create or recreate any Software source code; (d) use any of those items to provide services to, or to otherwise benefit, any third party; (e) use any of those items to create a program having features or functions substantially similar to those of the Software; (f) remove or modify any copyright or other proprietary notice contained in any of those items; (g) use or possess any of those items in any foreign jurisdiction in violation of any trade laws or regulations; or (h) allow others to do any of the foregoing. 4.3.2 STO Responsibilities Remedies The STO may immediately terminate Customer's use of the software if Customer violates responsibilities defined in Section 4.3 Planning Software Responsibilities and fails to cure the violation within (5) days after receiving written notice, if the violation is susceptible to a cure. 4.4 Planning Software Performance Metrics Service Level — The disaster recovery planning software will be available 99.5% of scheduled uptime 24x7, 365 days a year. This service level agreement will apply only to the Shared Resource Center (SRC) infrastructure where the service is being hosted. The State Technology Office will not be responsible for any internal local area network (LAN) and/or external network service related outages outside the scope of the Shared Resource Center. Measurement — actual uptime for the period, plus excused/planned downtime divided by scheduled uptime for the period. Scheduled uptime is all time included in the measurement period, scheduled outages are not considered a violation of this service agreement. STO requested Green Zone for maintenance Normal Service Hours: Production systems available 24x7 except for pre -defined maintenance windows of Saturday and Sunday 12 AM to 6 AM, or otherwise predetermined by the client. Tracking Mechanisms — The STO will use industry standard system monitoring tools and techniques to monitor and report uptime. Measurement Period — Monthly. Performance Credit — Performance credit for this service level when in violation will be calculated as follows: (Service level goal minus actual Service Level for the period) multiplied by the base service fees for the month. Example: Availability Requirement: 99.5% availability (less actual availability) -97.5% % of availability goal not met: 2.0% (multiplied by monthly base fee): x $15,025 Service Credit Amount: $300.50 Service levels and performance credits shall apply beginning with the third full calendar month after services begin. The maximum performance credits provided by the STO in any month will Page 18of 40 STO Service Level Aereement with Cily of Tamarac December 21 2004 not exceed 10% of the base fees paid for the month. Unless requested otherwise by the customer, all performance credits will be offset by the STO against future base fees for services. Performance credits under this SLA will not be issued for service level violations attributable to application user administration or third party software products that deploy problematic code affecting service level performance (non-performance of the customer's application) or declared disasters. Page 19of 40 STO Service Level A eement with City of Tamarac December 21 2004 0 Section 5: Recovery Services 5.1 Recovery Services Description Recovery Services provides for the Customer to recover operations allowing for the resumption of day-to-day business critical operations in the event of a disaster. X "11--js141.= 7 A "Disaster" is any unplanned event or condition that renders the customer unable to use a Location for its intended computer processing and related purposes. By signing a Schedule or any Addendum to a Schedule, Customer warrants that the Location specified in that Schedule is not at that time experiencing a Disaster. Customer may declare a Disaster by having one of its designated representatives (as set forth in Customer's Disaster Declaration Authority form) give notice to the Service Provider stating that a Disaster occurred, identifying the affected Location, and specifying which Recovery Services Customer believes will be required. The Service Provider will then follow customer's reasonable declaration procedures as provided to the Service Provider in the Disaster Declaration Authority form. Each Customer will have their own schedule of Recovery Services and/or Network Services. The Customer will have the ability to update their contracted -for services defined herein at any time over the term of the contract, except when such Customer is experiencing a disaster. Such updates shall be handled in accordance with the terms and conditions defined herein. The Customer's Recovery Services and/or Network Services Schedules are defined in the applicable attachment and listed in the List of Attachments. The STO acknowledges and agrees that the Customer retains the right to both control their ongoing service requirements as well as rights for Disaster declaration and test scheduling. Each Schedule attached to this SLA specifies a Customer location ("Location"), the recovery services to be provided by the Service Provider to the Customer for that Location ("Recovery Services"), the fees to be paid by the Customer to the STO for those services, and any other applicable terms. Each Schedule will be signed by the Service Provider and the Customer. Each Schedule represents a separate contract under this agreement that incorporates and is governed by all of the terms of the agreement. 5.2 Selected Recovery Services Whenever the Customer declares a Disaster, the Recovery Services to be provided by the Service Provider to the customer shall be the following services that were selected by the Customer in the applicable Schedule: 5.2.1 Center -Based Recovery Services Immediate and exclusive use of the services described below ("Center -Based Recovery Services"), which the customer may use during the period of time stated below, provided at a Service Provider facility: P_ aae20of 40 STO Service Level Ajereement with City of Tamarac December 2 22004 0(i) Hotsite: An installed, fully operational computer system and networking capability ("Hotsite") equal to or better than (in all material respects including equipment quality and processing capacity) the Hotsite Configuration described in the Schedule, which the Customer may use for six weeks. (ii) Coldsite: Environmentally prepared computer space ("Coldsite"), properly equipped to facilitate the installation of a computer system comparable to the Hotsite Configuration, which the Customer may use for six months. (iii) Office Space: An adequate and reasonable amount of office space in the same facility where the Hotsite or Coldsite is located, properly equipped to facilitate the installation of terminals, which the Customer may use to operate that Hotsite or Coldsite. (iv) Work Group Space: An adequate and reasonable amount of office space, properly equipped to accommodate the Work Group Configuration described in the Schedule, which the Customer may use for six weeks. (v) MegaVoice": Service Provider's voice communications backup service for the number of communications ports stated in the Schedule, which the Customer may use for six weeks. 5.2.2 Mobile Recovery Services Immediate and exclusive use of the services described below ("Mobile Recovery Services"), which the Customer may use for the duration of a Disaster: (i) Replacement Recovery System: A fully operational, relocatable computer system and networking capability ("Replacement Recovery System"), equal to or better than (in all material respects including equipment quality and processing capacity) the Mobile Configuration described in the Schedule, to be provided to Customer by one of the following methods at Customer's option: (a) Primary Recovery Facility: Access to the Replacement Recovery System at a Service Provider facility where it is then installed. (b) Alternate Recovery Facility: Delivery of the Replacement Recovery System to a Service Provider facility where it may be accommodated, within 48 hours after Service Provider receives the Disaster declaration notice. (c) Mobile Data Center: Delivery of a properly equipped vehicle housing the Replacement Recovery System to a destination in the continental United States requested by the customer, within 48 hours after Service Provider receives the Disaster declaration notice. (d) State Facility: Delivery of the Replacement Recovery System to a properly equipped facility located in the continental United States requested by the customer, within 48 hours after Service Provider receives the Disaster declaration notice. (ii) Computer Space: Environmentally prepared computer space ("Computer Space"), properly equipped to facilitate the installation of a computer system comparable to the Mobile Configuration, to be provided to the Customer by one of the following methods at the Customer's option: Page 21 of 40 STO Service Level A2reement with Cily of Tamarac December 21 2004 (a) Service Provider Facility: Access to the Computer Space at a Service Provider 0 facility where the Replacement Recovery System may be accommodated. (b) Mobile Coldsite: Delivery of a properly equipped vehicle housing the Computer Space to a destination in the continental United States requested by Customer, within 48 hours after Service Provider receives the Disaster declaration notice. (iii) Supplemental Office Space: An adequate and reasonable amount of office space in the same Service Provider facility where the Replacement Recovery System or Computer Space is located, properly equipped to facilitate the installation of terminals, which the Customer may use to operate that Replacement Recovery System or Computer Space. (iv) Mobile Work Group Space: Service Provider will commence the delivery of a vehicle properly equipped to accommodate the Mobile Work Group Configuration described in the Schedule, to a destination in the continental United States requested by the Customer, within 24 hours after Service Provider receives the Disaster declaration notice. (v) Quick Ship Equipment: Delivery of equipment equal to or better than (in all material respects including equipment quality and processing capacity) the Quick Ship Equipment described in the Schedule, to a properly equipped facility in the continental United States requested by the Customer, within 48 hours after Service Provider receives the Disaster declaration notice. 5.2.3 Extended Use During a Disaster, the Customer may continue to use the Center -Based Recovery Services beyond the periods stated above, provided that this extended use shall be subject to immediate termination if and when any other Customer declares a disaster. 5.3 Network Services 5.3.1 Redirect Services The Network Services identified as "Net ReDirect" on the applicable Network Attachment shall be made available to Customer within two (2) hours after receipt of a Disaster declaration, based on then current availability on Service Provider's Global Network, in accordance with the Multiple Disaster Procedures. All Net ReDirect circuits will be connected between the Service Provider's Global Network (SunGard Network - SGN) point, as designated and coordinated by Service Provider ("point of presence"), and the Destination Point or between Service Provider Recovery Centers. Once Customer has been switched onto a circuit on the SGN, the Services will be available on a 24 hour, 7 days per week basis (excluding downtime attributable to routine and preventative maintenance). SunGard represents that routine and preventative maintenance will not be conducted at such time as when Customer is experiencing a Disaster. 5.3.2 Web ReDirect Services The Network Services identified as "Web ReDirect" in Attachment F offers the Customer access to the Internet from the SunGard Recovery Center designated in the Attachment for Disaster Recovery Purposes. The Web ReDirect Services shall be made available to the PPa a 22of40 STO Service Level Agreement with City of Tamarac _December 21, 2004 • Customer within two (2) hours after receipt of a Customer Disaster declaration, based on then current availability on the SunGard Network (SGN) in accordance with the Multiple Disaster Procedures defined herein. The Customer recognizes that these Web ReDirect Services are not provider specific; therefore the Customer is responsible for setting up any necessary domain(s) in order to facilitate effective use of the Web ReDirect Services. Once the Customer has been switched onto the SGN, the Web Redirect Services will be available on a 24-hour, 7- day per week basis (excluding downtime attributable to routine and preventative maintenance). 5.3.3 Internet Access Services Service Provider's Internet Access Services will provide the Customer with connectivity to the Internet through Internet Access Services subject to the terms and conditions of the agreement and fully licensed Internet software, if applicable. The Internet is not owned, operated, or managed by, or in any way affiliated with Service Provider or any of Service Provider's affiliates. The Internet is an international computer network of both Federal and non -Federal inter -operable packet switched data networks. Service Provider cannot and will not guarantee that the Internet Access Services will provide Internet access that is sufficient to meet the Customer's needs. The Customer agrees that its use of the Internet Access Service and the Internet is solely at its own risk and is subject to all applicable local, state, national and international laws and regulations. The Customer hereby acknowledges receipt of Service Provider's and/or its underlying carriers' policies and/or rules and regulations ("Policies") and agrees to comply with such Policies at all times while utilizing the Internet Access Services. The Customer also acknowledges that a breach of any of the Policies may result in the immediate termination of the Internet Access Services without prior notice and Service Provider shall have no liability to the Customer for any restriction or termination of the Internet Access Services pursuant to the Customer's violation of the Policies. The Policies may be revised from time to time by Service Provider, which revisions will be communicated to Customer in writing, by posting on Service Provider's website at the following address: http://www.esourcing.sungard.com/usepolicy.cfm. The Customer agrees that the Access Service is provided on an "as is", "as available" basis without warranties of any kind, either express or implied. The Customer agrees that SunGard has the right, but not the obligation, to remove content from Service Provider's computer servers which Service Provider, in its sole discretion, determines to be in violation of this agreement or Service Provider's underlying carrier(s)' on-line policy. 5.4 Recovery Services Terms and Conditions 5.4.1 Test Time Service Provider will provide test time as defined in the Recovery Services Schedule. The Customer may use certain Recovery Services to test its disaster recovery capability ("Test") for the number of Test Periods stated in the applicable Schedule. Each Test Period entitles Customer to eight (8) hours of consecutive test time per contract year at a designated Service Provider facility, on a non -cumulative basis. Page 23of 40 STO Service Level Agreement with Qi1y of Tamarac Deccrnber 21 2004 • Tests shall be scheduled at least four (4) months in advance and availability is on a 24-hour-a- day, 7-day-a-week basis. All Tests shall be subject to immediate cancellation or termination, and shall be rescheduled as soon as possible, if and when any other Customer declares a disaster and requests use of the Recovery Services being tested. Additional test periods can be purchased, subject to availability. Customers that have state- wide field offices will have the ability to add individual Recovery Services and Network Services Schedules, governed under the master Customer's schedule. 5.4.2 Facility and Mobile Work Group Space Service Provider will provide fully furnished work positions as defined in the Recovery Services and Network Services. Schedules. Additional test time can be purchased, subject to availability. Customers that have state-wide field offices will have the ability to add individual Recovery Services and Network Services Schedules, governed under the master Customer's schedule. 5.4.3 Technology Exchange Upon the Customer's request, Service Provider will provide a list of computer and communications equipment that is then currently available to enhance the Hotsite Configuration or Mobile Configuration. The Customer may exchange certain components of its configuration for hardware representing newer technology, by giving written notice to Service Provider and signing an appropriate Addendum to the applicable Schedule. Upon the effective date of this exchange, the Monthly or Annual Fees due under that Schedule may increase by an amount reasonably determined by Service Provider, based upon the difference between (a) Service Provider's then prevailing Monthly or Annual Fees for the new hardware selected, and (b) an allocated portion of the prior Monthly or Annual Fees covering the components that were replaced. 5.4.4 Equipment Growth Upon the anniversary of each contract year, during the term of this contract, upon the applicable Customer's request, Service Provider will prepare an amendment to the applicable Recovery Services Schedule, increasing the contracted -for MIPS, memory and or disk capacity contracted for on the applicable Recovery Services Schedule as of its Commencement Date, by up to ten percent (10%), at no additional Monthly Fee. Such increase in contracted capacity shall be cumulative, if capacity is not utilized in a prior contract year(s), but is subject to availability in Service Provider's then installed inventory, and shall become effective upon the execution amendment to the applicable Recovery Service Schedule. If an Customer's requested increase is above their available growth percentage, Service Provider will guarantee any applicable price increase is not greater in overall percentage than that of the difference (i.e. 10% free growth available, need 15%, the applicable overall monthly price increase will not exceed 5%). Page 24of 40 STO Service Level A eement with Cily of Tamarac December 21 2004 • • 5.5 Recovery Services Deliverables The following are the deliverables for the Recovery Services. Deliverable Due Date Recovery Services Equipment Schedule Agreed upon between the Customer and Service Provider; Schedule to be attached to the SLA upon acceptance and si nature Test Time Annually based on the total time defined in the schedule Recovery Services Schedule Amendment At any point except at such time when Customer is experiencina a disaster Deliverable Due Date Network Services Schedule Agreed upon between the Customer and Service Provider; Schedule to be attached to the SLA upon acceptance and si nature Network Services Schedule Amendment At any point except at such time when Customer is experiencing a disaster 5.6 Recovery Services Responsibilities 5.6.1 Customer Responsibilities By signing a Schedule or any Addendum to a Schedule, the Customer warrants that the Location specified in that Schedule is not at that time experiencing a Disaster. The Customer may declare a Disaster by having one of its designated representatives give notice to the Service Provider stating that a Disaster occurred, identifying the affected Location as defined in the Recovery Services Schedule, and specifying which Recovery Services the Customer believes will be required. In order for Service Provider to provide support to Customer for a scheduled Test, all Test plans must be provided to Service Provider at least three (3) weeks prior to the Test date. (a) Significant Changes Service Provider may change the Recovery Resources and shall give written notice to Customer at least 60 days before making any significant change that might substantially and adversely impact the Customer. The customer shall then have an adequate and reasonable number of free additional Test Periods to test the affected Recovery Services. If, in the customer's reasonable judgment, any such change substantially and adversely impacts the Faee_25of 40 STO Service Level A-greeinent with Cijy of Tamarac December 21 2004 Customer to the extent that Customer cannot use the affected Recovery Services, then Customer may terminate the affected Recovery Services by giving written notice to Service Provider within ten (10) days after the Customer first uses the affected Recovery Services for either a Disaster or Test. (b) Standard Procedures Both Service Provider and .Customer shall comply with these Service Provider policies in all material respects and shall use all Recovery Resources in accordance with manufacturer specifications. Customer must notify Service Provider of Test Period cancellation within 45 days before the scheduled date. Otherwise, time will be applied against Customer's annual allotment of Test Periods unless Service Provider is able to reschedule the cancelled Test Period(s) with another Customer. (c) Special Procedures Customer shall be responsible for any additional expenses reasonably incurred by Service Provider in implementing Customer's special procedures for any special data protection or other security procedures. (d) Mobile Resources iTitle to all of the Recovery Resources used to provide Mobile Recovery Services ("Mobile Resources"), wherever located, shall remain in Service Provider or its supplier, except for any Quick Ship Equipment as to which Customer properly exercises its purchase option, if any, described in the applicable Schedule. With respect to any Mobile Resources for which the destination is not a Service Provider facility, (a) the Customer shall obtain or provide, at the Customer's expense, all permits, landlord consents and other authorizations, and all communications, power and other utility lines and equipment, needed to possess, locate or use the Mobile Resources at that destination, (b) Customer shall be responsible for the security of the Mobile Resources at that destination, (c) Customer shall not relocate the Mobile Resources without Service Provider's prior written consent which will not be unreasonably withheld, (d) when Customer's use or right to use the Mobile Resources during a Disaster or Test ends, Customer shall comply with Service Provider's return delivery or shipment instructions, and (e) if the Mobile Resources do not include a Service Provider vehicle, then Customer shall provide a proper operating environment for the Mobile Resources. (e) Access and Use Procedures Customers shall have priority rights of access to and use of applicable Priority Resources that are not then being used by other affected Customers who previously declared disasters. Use of such Priority Resources is exclusive for as long as State is entitled to use them as defined in both the Schedule for Network and Disaster Recovery Selected Services. Page 26of 40STO Service Level Agreement with City of Tamarac December 21,,, 2004 The Customer and all other affected customers shall have equal rights of access to and use of applicable Shared Resources, irrespective of the order in which disasters occur or are declared. Use of Shared Resources may be exclusive at times, but remains subject to the possible need for shared or allocated use with other affected Customers. If applicable Priority Resources and applicable Shared Resources are both available, the Customer may choose which type to use. The Customer shall cooperate with Service Provider and all other affected customers as reasonably required under the circumstances, including coordinating the efficient use of Recovery Resources, to avoid or minimize the need for shared or allocated use of Shared Resources, and to implement any necessary plans for shared or allocated use of Shared Resources. 5.6.2 Service Provider Responsibilities (a) Test Promptly after execution of this agreement, Service Provider shall either notify the Customer of available times to schedule a training workshop at a Service Provider facility or provide instructions to the Customer to conduct a computer based training workshop. During each Test, Service Provider's Support Staff shall provide reasonable supplies and support to Customer as needed, subject to availability. Upon receipt of Customer's Test plan, Service Provider will then assign a Service Provider istechnical coordinator to review the Customer's Test plan and act as project manager to coordinate Test support activities. Service Provider shall provide Customer access to the Network Services to conduct Test(s) in conjunction with Test(s) of the Recovery Services as defined on the applicable Recovery Services/Network Schedule. (b) Disaster When a Disaster has been declared, Service Provider will follow the Customer's reasonable declaration procedures as provided to Service Provider in the Disaster Declaration Authority form. Service Provider will provide the Selected Recovery Services to the Customer as defined by the State in Attachment E. Whenever the Customer uses Recovery Services during a Disaster, Service Provider's Support Staff (consisting of operations, communications, security, transportation, systems software and customer support personnel, as appropriate) shall provide comprehensive support to the State on a 24-hour-a-day, i-day-a-week basis, as needed. To facilitate the Customer's use of the Recovery Services during a Disaster, Service Provider's Support Staff shall assist the Customer in pre -testing State's operating systems, network control programs and communications circuits. During a Disaster, Service Provider's Support Staff also shall assist the Customer in contacting vendors and in obtaining and installing additional or replacement equipment. PPa e 27of 40 STO Service Level AgTeement with City of Tamarac December 21 2004 isCustomer shall have access to the Network Services for Disaster Recovery Purposes, in accordance with Service Provider's obligations as defined in the agreement, and as further delineated in Attachment F. "Disaster Recovery Purposes" means any use of the Network Services by Customer: (i) while Customer is experiencing a Disaster; (ii) which connectivity facilitates Customer's recovery during a Disaster; or (iii) to conduct a Test(s). Any other use of the Network Services by Customer shall constitute a material breach of the Contract for which Service Provider may terminate the Contract by providing five (5) days written notice. Customer shall have access to the Services for the period of no more than six (6) weeks during a Disaster. (c) Maintenance and Use of Recovery Resources Service Provider is responsible for ensuring the facilities and equipment used by Service Provider to provide the Recovery Services ("Recovery Resources") are properly maintained and used, and to protect the respective interests of the parties in using the Recovery Resources. (d) Maintenance Service Provider shall maintain vendor -specified proper operating environments at its facilities and in its vehicles used to provide the Recovery Services. Service Provider shall adhere to vendor -recommended procedures and policies for proper maintenance of the Recovery Resources, including necessary remedial maintenance and regularly scheduled preventive maintenance. Service Provider warrants to the Customer that the Recovery Resources shall be maintained in a state of readiness at all times, consistent with Service Provider's obligations under this Contract. (e) Significant Changes Service Provider may change the Recovery Resources and shall give written notice to Customer at least 60 days before making any significant change that might substantially and adversely impact Customer. Customer shall then have an adequate and reasonable number of free additional Test Periods to test the affected Recovery Services. If, in Customer's reasonable judgment, any such change substantially and adversely impacts Customer to the extent that Customer cannot use the affected Recovery Services, then Customer may terminate the affected Recovery Services by giving written notice to Service Provider within ten (10) days after Customer first uses the affected Recovery Services for either a Disaster or Test. (f) Standard Procedures Service Provider shall maintain reasonable and uniform policies regarding security, safety, scheduling, operations and other procedures for accessing and using the Recovery Resources during disasters and tests. These policies may appear in Service Provider's User's Guides and in other written documents provided by Service Provider to the Customers from time to time. Policies for tests include advance scheduling and cancellation requirements. Page 28of 40 STO Service Level A Bement with City of Tamarac December 21 2004 Both Service Provider and Customer shall comply with these policies in all material respects and shall use all Recovery Resources in accordance with manufacturer specifications. (9) Special Procedures If Customer gives written notice to Service Provider describing any special data protection or other security procedures used by Customer, then Service Provider shall use commercially reasonable efforts to help implement those procedures whenever Customer is using the Recovery Resources. Customer shall be responsible for any additional expenses reasonably incurred by Service Provider in implementing Customer's special procedures as specified in a written agreement and attached here under in the List of Attachments. (h) Mobile Resources Title to all of the Recovery Resources used to provide Mobile Recovery Services ("Mobile Resources"), wherever located, shall remain in Service Provider or its supplier, except for any Quick Ship Equipment as to which Customer properly exercises its purchase option, if any, described in the applicable Schedule. If any Mobile Resources are provided by a third party under contract with Service Provider and . that contract is terminated, then Service Provider will use commercially reasonable efforts to replace the Mobile Resources. If the Service Provider is unable to replace the Mobile Resources, then the Service Provider may terminate the applicable Recovery Services upon 90 days prior notice to the Customer. In the event the Customer is experiencing a Disaster and utilizing such Mobile Resources at such time as when the Service Provider receives notice of termination from such third party vendor, the Service Provider will arrange for Customer's continued use of the affected Mobile Resources for the duration of the Disaster, or if such continued usage can not be arranged, Service Provider will arrange for suitable replacement equipment to be provided to the Customer at no additional cost. Q) Priority Resources and Shared Resources All Recovery Resources shall be available on a priority use basis ("Priority Resources") except for those designated by Service Provider as available on a shared use basis ("Shared Resources"). Service Provider's designations of Shared Resources shall be made in its reasonable discretion and shall be subject to change without notice. 5.7 Multiple Disaster Protection 5.7.1 Multiple Disasters Customer's rights of immediate and exclusive use of the Recovery Services, as provided in this agreement hereunder in the Schedule for Network and Selected Recovery Services, shall be subject to the possibility that one or more other Customer ("other affected Customer") could Page 29of 40 STO Service Level Ajereement wiflLfilly of Tamarac December 21 2004 declare a disaster at the same time as (or before or after) the Customer and require use of the same Recovery Resources at the same time as the Customer ("Multiple Disaster"). The following provisions are intended to avoid or minimize contention for Recovery Resources during Multiple Disasters. 5.7.2 Access and Use Procedures Access to and use of Recovery Resources during multiple disasters shall depend upon whether the Recovery Resources are Priority Resources or Shared Resources and, with respect to Priority Resources, in the order in which disasters are declared. Service Provider shall maintain records of its receipt of disaster declarations, which shall be the exclusive basis for determining the order in which disasters are declared. If a Multiple Disaster is widespread or extreme, then, notwithstanding the foregoing provisions, Service Provider may implement emergency procedures that are necessary, in Service Provider's reasonable judgment, to allocate Recovery Resources in order to satisfy the critical needs of affected Customers, applicable national security interests and comparable concerns. (a) To lower the probability of a Multiple Disaster, Service Provider shall comply with the following terms: No other Customer shall be granted any greater rights of access to or use of the Recovery Resources than are granted to the State under this Contract. • No Contract to provide use of any Recovery Resources shall be entered into at a time when the State location to be serviced is then currently experiencing a disaster. (b) For Center -Based Recovery Services, Service Provider also shall comply with the following: To discourage unnecessary disaster declarations, Disaster Declaration Fees, .as provided in the Schedules, shall be charged whenever a Customer declares a disaster. To discourage unnecessary use of the Recovery Resources, Daily Usage Fees, as provided in the Schedules, shall be charged for use of the Recovery Resources other than for tests. 5.7.3 Crisis Management Whenever Service Provider learns of an approaching storm or other situation that might cause a Multiple Disaster, Service Provider shall monitor the situation and use commercially reasonable efforts to coordinate contingency plans with all potentially affected Customers. Section 6: Rates for Services All rates for services are defined in Attachment B: Rates for Services. All other fees, and any out-of-pocket expenses reasonably incurred by SunGard on behalf of the Customer and with prior authorization, shall be invoiced by Service Provider as and when incurred. Page0of 40 STO Service Level Agreement wifl&iV of Tamarac December 21 2004 • Refer to the Section 9: Recovery of Costs of the Master Agreement for terms and conditions related to the Recovery of Costs. 6.2 Invoicing Invoicing will begin in the first applicable billing cycle following the commencement date outlined on the applicable schedule and/or consulting engagement delivery, installation and implementation of the services. 6.3 Recovery of Costs Refer to Section 9: Recovery of Costs of the Master Agreement for terms and conditions related to the Recovery of Costs. Section 7: Dispute, Escalation and Termination of Service Disputes, escalations and termination of services shall be handled as referenced in the Master Agreement Section 4: Dispute Resolution; Termination. 7.1 Disputes or Complaints The STO will work with the Service Provider to warrant that all services performed by Service Provider or its approved agents under this agreement will be performed diligently and in a good and workmanlike manner, in accordance with the standard of skill and care normally exercised by a professional person in the applicable field of endeavor. All services, documents, and reports delivered by STO or the Service Provider shall conform to the requirements of this agreement. Any deficiencies, as determined by generally accepted professional standards, shall be promptly reported by the Customer in writing to the STO or Service Provider and, in any event, within 30 days after Customer receives the deliverable involved, STO or Service Provider shall correct such deficiencies in its deliverables within a mutually agreeable time period. Refer to the Section: 4 of the Master Agreement for terms and conditions related to Service or Invoice Disputes or Complaints, and Service Termination. 7.2 SLA Escalation Procedures If a problem or issue is not resolved by the Customer or STO, the Customer or STO may escalate the problem or issue to the appropriate contact. There are three levels of escalation: Level Customer STO 1 Customer SLA Coordinator Customer Service Representative 2 Customer MIS Director STO Chief Technology Officer/STO Chief O erations Officer 3 Customer Agency Head or Delegated Representative State Chief Information Officer Page 31 of 40 STO Service Level Agreement with 01yof Tamarac December 21 2004 7.3 Terminations The Disaster Recovery Services Schedule is based on a 5-year commitment, plus two one-year options for renewal at the STO's discretion, to use the service or the allowable maximum time remaining, which ever is greater, as defined in the SOW with the Service Provider. Refer to the Section 4: Section 4: Dispute Resolution; Termination of the Master Agreement for terms and conditions related to Service or Invoice Disputes or Complaints, and Service Termination. Network Services Termination The Network Services are provided subject to the availability of the necessary services by Service Provider's underlying carrier(s). Service Provider may, without penalty, and by providing the State with thirty (30) days prior written notice, terminate the Network Services (or any portion thereof), or may withhold the provision of the Network Services if: (a) Service Provider's underlying carrier(s) withdraw or substantially alter any underlying tariff(s) resulting in a material, adverse effect on Service Provider's operational or financial ability to provide the Network Service(s); or (b) any public utility commission or other regulatory authority asserts jurisdiction over the Network Services, such that Service Provider would be required to submit to common carrier, public utility or other regulation to which Service Provider is not now subject. 0 Section 8: Change Management A change management procedure to include both contacts for the STO and the Customer shall be established and attached to this agreement within 30 days of the execution of this agreement as referenced in the Master Agreement Section 5: Change Management. Section 9: Operational Hours/Emergency Services/Contact Information 9.1 Hours of Operation STO Hours of operation and support are from 7:00 A.M. to 7:00 P.M. EST/EDT, Monday through Friday, excluding holidays. Service Provider's hours of operation are 7X24X365 with a customer service number of 1-88- 541-TEST • Page 32of 40 STO Service Level Agleement with City of Tamarac December 21 2004 0 9.2 Emergency Services Assistance is available through the Enterprise Technology Services Desk (ETSD) seven (7) days per week, twenty-four (24) hours per day, including holidays. The main ETSD number is 850-487-1746 (Tallahassee) or 866-693-5873 (long distance). Service Provider's Alert and Declaration number 1-866-722-1313. Available 7X24X365 9.3 Contact Information Reference Attachment G: Contacts Names & Numbers. 0 Page 33of 40 STO Service Level A eement with City of Tamarac December 21 2004 El 40 LIST OF ATTACHMENTS Attachment A: SLA Document Change Procedure Attachment B: Rates for Services Attachment C: Continuity Program Management Services Attachment D: Information Availability Consulting Service Agreement Attachment E: Schedule L of Selected Recovery Services Attachment G: Contact Names and Numbers Page 34of 40 STO Service Level A eement with QiW of Tamarac December 21 2004 Attachment A: Service Level Agreement (SLA) Document Change Procedure This Service Level Agreement (SLA) will remain in effect through September 2009, unless amended or replaced with an updated version. To make modifications to this agreement, the SLA Coordinators listed below must be contacted and modifications jointly approved by Customer and State Technology Office (STO) representatives or their designees. Service Level Agreement Coordinator Name Phone STO SLA Coordinator Ra hib Qureshi 850 413-0319 Customer SLA Coordinator Levent Sucuo lu 954 724-1300 Document Change Management If changes to the SLA are necessary prior to the annual review period: 1. Either party needing to amend or modify the SLA shall contact its SLA Coordinator to review the requested changes. 2. The coordinator shall contact the designated SLA coordinator of the other party to set up a meeting. 3. A meeting shall be held with the appropriate staff from both parties to discuss the necessary changes. 4. After the modifications are accepted by both parties, the SLA coordinators from both parties shall document the modification. Revision Log Any revisions or amendments to this SLA shall be documented in the Revision Log and initialed by the Customer and the STO SLA Coordinator or their designee. Date Revision # Brief Description of Change SLA Coordinator (or designee) Initials STO City of Tamarac 0 Page 35of 40 STO Service Level Agreement with City of Tamarac December 21, 2004 • • 0 Attachment B: Rates for Services jr I '�Et yi N�,I��{y a'v4I1Y,}I :{+�15'tl l pnR �V wa$1 i9i �Ef h� � i� tr C WS Continuity Program Management $1800.00 Monthly Recurring Fee per CPMO Services engagement based on the locations defined in Attachment C: Continuity Program Management Services. Service Provider's expenses for travel in the greater Tallahassee area are included in the monthly service fee. Not included in the monthly service fee is travel out side of the greater Tallahassee area, travel expenses will be limited to airfare and car rental. Information Availability As defined in an additional SOW Consulting Services Planning Software Included at no charge for all customers who sign up for CPMO services. Recovery Services Refer to Attachment E: Recovery Services and Attachment F: Network Recovery Services Any requested and authorized changes to the above - mentioned schedules, including pricing, will be quoted and reflected on the schedules. Changes shall become effective upon execution of the amendment to the applicable Recovery Service and Network Schedule. Other fees and expenses may be incurred by the Customer related to the above services. A list of potential known fees and expenses follows: • Any applicable Disaster Fees as indicated on the Customer's Schedule • All communications and similar third party charges resulting from the Customer's use of the Recovery Resources • All power, fuel, and other utility charges resulting from the Customer's use of the Recovery Resources; except the initial six weeks of Hotsite use and except for Tests • All costs associated with the transportation, delivery, operation, and ongoing support of Mobile Resources used by the Customer • All costs associated with the installation and de -installation of Mobile Resources used by the Customer at non -Service Provider locations Page 36of 40 STO Service Leve_1Agxeement with City of Tamarac December 21, 2004 Declaration Fees $2,000 for all center based equipment (as denoted on the individual hardware schedules). In the event that a Customer declares a Disaster a maximum of twenty-five percent (25%) of the Disaster Declaration Fee shall be applied toward each of the first four (4) days of the Daily Usage Fee(s), provided that the total amount applied does not exceed the Disaster Declaration Fee, as provided in the Schedule. Daily Usage Fees $500 per day, starting on day 1, for all center based hardware configurations (as denoted on the individual hardware schedules). $1,250 per day, starting on day 31, for all mobile hardware configurations (as denoted on the individual hardware schedules). $500 per day, starting on day 1, for all facility and mobile work group space .(as denoted on the individual hardware schedules). $100 per day, starting on day 1, for DS1 circuit $500 per day, starting on day 1, for DS3 circuit $750 per day, starting on day 1, for OC3 circuit $100 per day, starting on day 1, for 512 Kbps-1.5Mbps web $250 per day, starting on day 1, for 1.6-10Mbps web $500 per day, starting on day 1, for 10.1-45Mbps web $750 per day, starting on day 1, for 45.1-100Mbps web El Page 37of 40 STO Service Level Agreement with City of Tamarac December_21 2004 • Aggregate Discount Schedule 1) The STO will provide a nineteen percent (19%) discount less any applicable STO service fees, to the customer's current or final quoted Monthly Fee for Recovery Services/Network Services. In order for Customers to receive the discounted rate, the STO must generate a net new aggregate monthly billing of $40,000 associated with the STO Disaster Recovery Services. If at any time this net new business aggregate monthly billing amount drops below $40,000, then the STO reserves the right to rescind all or part of the aforementioned 19% discount. 2) The STO will also offer a nineteen percent (19%) discount, less any applicable STO services fees, to any additional current customers who elect to subscribe for STO Disaster Recovery Services, provided that such Customer is able to commit to a minimum thirty-six (36) month extension to the then remaining term under the applicable customer's Recovery Services/Network Schedule based upon the remaining term of this agreement (i.e. 60 months remaining on this contract — current Customer has 12 months remaining on current Service Provider contract — Customer can commit to a 48 month extension). 3) For all first-time Customers, the STO will provide pricing for Recovery Services at Monthly Fees that Service Provider represents will be at least eighty-five percent (85%) below Service Provider's then current component list price (excluding pass -through charges, remarketed equipment, network, consulting and/or planning services, vaulting, funded equipment and disaster related charges). 4) If / when the net new business monthly billing increases to $90,000, and for each additional $50,000 increase thereafter, the STO will provide an additional one percent (1%) discount to all Customers currently receiving services under this SLA, for every year remaining on the original committed term (i.e. 3 original guaranteed years remaining on the contract at the time of achieving $90,000 would equal an additional 3% to the original 19% discount, from then forward). If at any time this net new business monthly billing amount drops back below $90,000, then the STO reserves the right to rescind all or part of the aforementioned additional 1 % discount. 5) At any time other than during a Disaster, based on Service Provider's then installed capacity, the applicable Customer may elect to upgrade its current contracted Recovery Services set forth on the Recovery Service Schedule(s) at Monthly Fees that Service Provider represents will be at least eight - five percent (85%) below Service Provider's then current component list price (excluding pass -through charges, remarketed equipment, network, consulting and/or planning services, vaulting, funded equipment, and disaster related charges). Such increase in capacity will be effective upon execution of an addendum to the applicable Recovery Service Schedule by the STO and the applicable Customer. PageW38of 40 STO Service Level Agreement with City of Tamarac December 21-2004 0 Attachment C: Continuity Program Management Services • The Continuity Program Managed Services Agreement between SunGard Recovery Services LP ("SunGard") and Customer dated ("Agreement"), is attached to specify the locations under this agreement for provision of the Continuity Program Management Services as defined in Section 2: Continuity Program Management Services. Each location listed below will be charged the monthly recurring subscription fee for service of $1800.00 based on the location as defined below. LOCATION #1 Street Address: LOCATION #2 Facility; Street Address: City: City: Zip Code: Zip Code: Comments: By the signatures of their duly authorized representatives below, SunGard and Customer, intending to be legally bound, agree to all of the provisions of this Attachment. SUNGARD RECOVERY SERVICES LP Customer Print Name: Print Title: Print Name: Print Title: Date Signed: Date By: Print Title: 0 Print Name: Date Signed: Page 39of 40 STO Service Level Agreement with City of TamaracDecember 21, 2004 0 Attachment D: Information Availability Consulting Services The Information Availability Consulting Services Agreement between SunGard Recovery Services LP ("SunGard") and Customer dated ("Agreement") is attached to specify the Scope of Work (SOW) under this agreement for provision of but not limited to: • Disaster Recovery Planning • Business Continuity Planning • Business Impact Analysis • Risk Assessment • Information Availability Assessment • High Availability Needs Assessment The payment schedule for services is as follows: By the signatures of their duly authorized representatives below, SunGard and Customer, intending to be legally bound, agree to all of the provisions of this Attachment. SUNGARD RECOVERY SERVICES LP Customer • Print Name: Print Title: By: Print Name: Print Title: Date Signed • Print Name: Print Title: Date Signed: Page 40of 40 STO Service Level A eement with QM of Tamarac December 212004 0 Attachment G: Contact Names and Numbers Raghib Qureshi, Sr. IT Business Consultant - Manager State Technology Office Office: 850.413.0319 Mobile:850.294.0322 Fax: 850.922.5162 Email: Raahib.Qureshi(&mvflorida.com Linda Myers, Regional Consultant State Technology Office Office: 305.470.5098 Mobile: 786.385.7244 Fax: 305.470.6749 Email: Linda. Mvers(&mvflorida.com Bill Horton, Disaster Recovery Product Manager State Technology Office Office: 850.414.2949 Mobile: 850.766.2904 Fax: 850.488.9837 Email: Bill.HortonCc-Dmvflorida.com Tim Cecconi, Account Manager SunGard Availability Services Office: 407.833.4446 Mobile: 407.312.3535 Fax: 407.833.4452 Email: Tim. Cecconi(ftungard.com 0 SCHEDULE L GOVERNED BY RECOVERY SERVICES AGREEMENT DATED 02/01/2004 BETWEEN SUNGARD AVAILABILITY SERVICES LP and FLORIDA STATE TECHNOLOGY OFFICE Page 1 of 2 Included Disaster Fees (only during a Disaster) Selected Services: Yes/No Test Periods Declaration Daily Usage (a) Center -Based Recovery Services: $0 (i) Hotsite: No N/A $0 (ii) Coldsite: No N/A $0 (iii) Office Space: No N/A (iv) Work Group Space: No N/A $0 $0 (v) MegaVoice (sm): No N/A $0 $0 (b) Mobile Recovery Services: (i) Replacement Recovery System: Yes Three (3) $0 $1,250 Delivery Method(s) Selected: Primary Recovery Facility/Alternate Recovery Facility/Mobile Data Center/Subscriber Facility (ii) Computer Space: No N/A .. $0 $0 Delivery Method(s) Selected: N/A (iii) Supplemental Office Space: Yes N/A (iv) Mobile Work Group Space: Yes N/A _ See Config. See Confi . (v) Quick Ship Equipment No N/A $0 $0 (c) Network Services: No N/A $0 $0 ' Initial 30 days of Daily Usage Fees during a Disaster will not be charged. Agreed Term: 60 month(s) Commencement Date: 02/01/2005 Monthly Fee: Effective 02/01/2005 $985 Subscriber's Location: 7525 NW 88 AVE. TAMARAC, _FL 33321 Send Subscriber Notices to: 7525 NW 88 AVE. TAMARAC FL 33321 ATTN: GARY FEINSTEIN Send Subscriber Invoices to: AY, ATTN: DATA CENTER PROCESSING ASSEE, FL 32399 4030 ESPLANADE W ,TAL LAH..,,_,..,,_,...., ,_.. ..._—,.� ATTN: DATA CENTER INVOICING By the signatures of their duly authorized representatives below, SunGard and Subscriber, intending to be legally bound, agree to all of the provisions of this Schedule 50xqtify the terms of the Recovery Services Agreement. $UNGARD AVAILAB E /I -ES. LP SUBSCRIBER: CITY.AF-TAMARAC BY: r JZ•°" BY:%��,.a�� PRINT NAME PRINT NAME: �j-F-FPZEy L , f**1 IL,LrEtq PRINT TITL HP1'1'IiPARE PRINT TITLE: Ge Tj-- GEO' DATE SIGNED: Z7Z6h� DATE SIGNED: pS THE TERMS OF THIS SCHEDULE ARE CONFIDENTIAL. Quote ID 54302 L, Last Modified 12/16/2004 SCHEDULE L GOVERNED BY RECOVERY SERVICES AGREEMENT DATED 02/01/2004 BETWEEN SUNGARD AVAILABILITY SERVICES LIB and FLORIDA STATE TECHNOLOGY OFFICE Page 2 of 2 Mobile Configuration: guantit Description (Cust Ref: AS-400) 1 AS1400 7XX SERIES SYSTEM (NO CPU, NO MEMORY, NO FEATURES) 1 configured as follows: 2395 BATCH CPW 1523 INTERACTIVE CPW 1536 MB OF 7XX MEMORY 1 AS/400 CONSOLE LINK REMOTE PC 1 MOBILE ACTIVATION MANUAL 1 configured as follows: 1 INCLUDED 86 GS OF AS/400 DASD (RAW - 100% USEABLE) 1 3570-001 MAGSTAR MP TAPE UNIT 1 4245-T12 LINE PRINTER, 1200 LPM Mobile Work Group Quantity Des ri tlon Configuration: 10 MOBILE WORK GROUP SEATS (Gust Ref: People) 10 PANASONIC TELEPHONE HANDSETS 10 DESKTOP PC W/ CD-RW/DVD DRIVE, 1.44 MB DISKETTE DRIVE, KEYBOARD, MOUSE' NON -TESTABLE " 10 configured as follows: 1 PENTIUM 4 2.53 GHZ PROCESSOR 512 MB RAM 40 GB DISK 1 10110011000 ETHERNET NETWORK INTERFACE CARD 1 18" FLAT PANEL DISPLAY 1 HP LASERJET 815ON PRINTER 1 CISCO 3660 ROUTER, 64MB DRAM, 64MB FLASH, 108 2 1 configured as follows: 1 101100 ETHERNET PORT 1 CISCO CATALYST 2912 ETHERNET SWITCH, (4) MB 2 FLASH, (8) MB DRAM 1 configured as follows: 12 100MB ETHERNET PORT 1 CISCO PIX 515 FIREWALL, V.60 SW, PIX-515-R-BUN, 2 1 configured as follows: 2 10/100 ETHERNET PORT Declaration Fee: $2,500 per configuration Daily Usage Fee: $500 per configuration per day 3 Daily Usage fee $25 Per PC Starting Day 31 2 This equipment is testable at the Primary Recovery Facility only. 3 Daily Usage Fees during a Disaster will begin on day 1. __..__..... - - .- ... ... ........ . THE TERMS OF THIS SCHEDULE ARE CONFIDENTIAL. Quote 10 54302 L, Last Modified 12/16/2004