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Reso 2013-2051
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Reso 2013-2051
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Last modified
5/22/2013 11:15:55 AM
Creation date
5/2/2013 3:52:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2051
Date (mm/dd/yyyy)
04/18/2013
Description
Agmt w/Paladin Data Systems (SmartGov) for Bldg & Comm. Dev. Systems
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1.11 "System Accessibility" will mean the ability for end users to gain access to System features and <br />functionality. System Accessibility is not the same as System Availability. The System can be available <br />without being accessible due to CLIENT network or local system issues. System Accessibility is only <br />contemplated in the context of this document when accessibility limitations are due to the System being <br />unavailable. <br />1.12 "System Availability" will mean, with respect to any Service Year, the ratio obtained by <br />subtracting Unscheduled Downtime during such Service Year from the total time during such Service <br />Year (525,600 minutes), and thereafter dividing the difference so obtained by the total time during such <br />Service Year. If CLIENT has been using the Application Service for less than 365 days, Service Year is <br />still the preceding 365 days but any days prior to CLIENT use of the service vrill be deemed to have had <br />100% availability. Represented mathematically, System Availability for any particular Service Year is <br />determined as follows: <br />System Availability = (Total Service Year Time (525,600 minutes) - Unscheduled Downtime) I <br />Total Service Year Time (525,600 minutes). <br />NOTE: "Total Service Year Time" is deemed to include all minutes in the relevant Service Year <br />period as described above (525,600 minutes). <br />1.13 "System Uptime" will mean the total amount of time during any Service Year during which the <br />Application Service's core features and functions are available for CLIENT use according to the Access <br />Protocols. <br />1.14 "Unscheduled Downtime" will mean the total amount of time during any Service Year during <br />which the Application Service core features and functions are unavailable for CLIENT's access according <br />to Access Protocols, other than Scheduled Downtime, as defined above. See section 4.1 for details on <br />detection of "Unscheduled Downtime." <br />2. SYSTEM PERFORMANCE <br />2.1.1 System Availability: PALADIN will undertake commercially reasonable measures to make sure <br />System Availability equals or exceeds ninety-nine percent (99%) during each Service Year (the 'Service <br />Standard'), provided that any Unscheduled Downtime occurring as a result of circumstances beyond <br />PALADIN's reasonable control including, without limitation, (i) CLIENT's breach of any provision of this <br />Agreement; (ii) non - compliance by CLIENT with any provision of this Agreement; (iii) incompatibility of <br />CLIENT's equipment or software with the Application Service; (iv) poor or inadequate performance of <br />CLIENT's systems; (v) CLIENT's equipment failures; (vi) CLIENT's network and internet service provider, <br />(vii) public internal, (viii) security exposure, or (ix) force majeure (as contemplated in the Amendment), <br />shall not be considered toward any reduction in System Availability measurements. In the event of a <br />"Disaster," System Availability service levels defined herein do not apply. <br />3. SYSTEM SUPPORT <br />CLIENT may report Unscheduled Downtime by calling 866 - 367 -4572 or emailing <br />support@paladindata.com during PALADIN's normal business hours (Monday thru Friday, 5:00 am to <br />S:OOpm PST). PALADIN will exercise commercially reasonable efforts to respond to reports of <br />Unscheduled Downtime by telephone or email acknowledgement within thirty (30) minutes of such report. <br />The report will be assigned a case number for tracking purposes. <br />14 <br />Initials — Paladin .9 Client, <br />
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