Website Availability

Service Level A: The Offeror’s Cardholder website shall be unavailable for no more than a total of eight (8) hours during any month for normal maintenance.

Service Level B: The Offeror’s Cardholder website shall be unavailable for no more than three (3) consecutive hours in any 24-hour period for normal maintenance.

Normal maintenance is defined as routine anticipated maintenance that is performed according to a schedule that is provided to Treasury and Cardholders no less than five business days in advance. Unavailability associated with normal, scheduled maintenance is hereafter called “Website Planned Interruptions.”

Service Level C: The Offeror’s Cardholder website shall be unavailable no more than a total of thirty (30) minutes in any calendar month other than as associated with normal maintenance. Unavailability not associated with normal, scheduled maintenance is hereafter called “Website Unplanned Interruptions.”

For purposes of these Service Levels, the website shall be considered unavailable if any Cardholder account-accessing website function is unavailable. In calculating the period of website unavailability in a calendar month for purposes of determining Service Level compliance, the lengths of each period of time that one or more website Cardholder functions is unavailable in that month shall be added together to determine total unavailability.

Website Planned Interruptions

1. If the Offeror fails to meet any Service Level for Website Planned Interruptions on its Cardholder website when measured over any particular calendar month, but the website is unavailable for not more than ten (10) total hours due to Website Planned Interruptions during the month, or is unavailable for not more than four (4) consecutive hours in any 24-hour period due to Website Planned Interruptions, the Offeror will be required to notify Treasury and to implement corrective measures of its own design. The Offeror shall provide a written description of its corrective

Offeror fails to meet all of the Service Level(s) for Website Planned Interruptions for a second consecutive month, it will be required to submit an acceptable written corrective action plan to Treasury within seven (7) business days of identification of the failure to meet the Service Level(s), and then to implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level(s) when measured over a calendar month.

2. If the Cardholder website is unavailable for more than ten (10) total hours during the month, or is unavailable for more than four (4) consecutive hours in any 24-hour period due to Website Planned Interruptions, the Offeror will be required to submit an acceptable written corrective action plan to Treasury within seven (7) business days of identification of the failure to meet the Service Level(s), and to then implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level(s) when measured over a calendar month.

3. Notwithstanding the provisions of subsection 2 of this section, above, if the website is unavailable more than twenty (20) total hours during the month, or is unavailable for more than eight (8) consecutive hours in any 24-hour period, due to Website Planned Interruptions, the Offeror shall be liable, upon demand, for liquidated damages in the amount of Five Thousand Dollars ($5,000) for every hour (or lesser number thereof) that the Offeror fails to meet the Service Level(s) in the month that liquidated damages can be assessed. The Offeror shall also be responsible to submit an acceptable written corrective action plan to Treasury within seven business days of identification of the failure to meet the Service Level(s), and to then implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level(s) when measured over a calendar month.

For example, the website is unavailable for ten (10) consecutive hours in a 24-hour period from Website Planned Interruptions during the month. The Offeror has failed to meet the Service Level by seven hours, and is liable for Thirty-Five Thousand Dollars ($35,000) for that month.

4. Notwithstanding its obligation to continue implementing corrective measures until it meets all the Service Levels for Website Planned Interruptions, the Offeror shall be liable, upon demand, for liquidated damages starting in the third consecutive month it fails to meet any Service Level, and every consecutive month thereafter, if it is not already liable for liquidated damages pursuant to subsection 3, above. Liquidated damages shall be in the amount of Five Thousand Dollars ($5,000) for each hour (or lesser part thereof) of unavailability by which the Offeror exceeds the Service Level(s) in the month that liquidated damages can be assessed.

For example, after two (2) consecutive months of sub-Service Level performance regarding Website Planned Interruptions, the website is unavailable for ten (10) hours from Website Planned Interruptions during the third month. The Offeror has failed to meet the Service Level by two (2) hours or less, and is liable for Ten Thousand Dollars ($10,000). In the fourth month, the website is unavailable for two hundred (200) consecutive minutes for causes related to Planned Interruptions; the Offeror would be liable for Five Thousand Dollars ($5,000) for that month (failure to meet for less than one hour.)

5. After two (2) consecutive months in which liquidated damages are assessed, the liquidated damages for succeeding consecutive months of not meeting any Service Level double, to Ten Thousand Dollars ($10,000) for every hour (or lesser part) of unavailability in violation of the Service Level.

6. The Offeror will be liable for cumulative (not concurrent) liquidated damages for violations of both Service Levels for Website Planned Interruptions in any particular month.

Website Unplanned Interruptions

1. If the Offeror fails to meet any Service Level for Website Unplanned Interruptions on its Cardholder website when measured over any particular calendar month, but the website is unavailable for not more than sixty (60) total minutes due to Website Unplanned Interruptions during that month, the Offeror will be required to notify Treasury and to implement corrective measures of its own design. The Offeror shall provide a written description of its corrective measures to Treasury and L&I as soon as practical after implementation. If the Offeror fails to meet the Service Level for Website Unplanned Interruptions for a second consecutive month, it will be required to submit an acceptable written corrective action plan to Treasury within seven (7) business days of identification of the failure to meet the Service Level, and then to implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level when measured over a calendar month.

2. If the Cardholder website is unavailable for more than sixty (60) total minutes due to Website Unplanned Interruptions during the month, the Offeror will be required to submit an acceptable written corrective action plan to Treasury within seven (7) business days of identification of the failure to meet the Service Level, and to then implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level when measured over a calendar month.

3. Notwithstanding the provisions of subsection 2 of this section, above, if the website is unavailable more than two hundred ten (210) total minutes during the month due to Website Unplanned Interruptions, the Offeror shall be liable, upon demand, for liquidated damages in the amount of Five Thousand Dollars ($5,000) for each thirty (30) minutes of unavailability (or lesser number thereof) that the Offeror fails to meet the Service Level in the month that liquidated damages can be assessed. The Offeror shall also be responsible to submit an acceptable written corrective action plan to Treasury within seven business days of identification of the failure to meet the Service Level, and to then implement its provisions. The Offeror will be required to continue to submit acceptable written corrective action plans until it achieves the Service Level when measured over a calendar month.

For example, the website is unavailable for two hundred forty (240) minutes due to Website Unplanned Interruptions during the month. The Offeror has failed to meet the Service Level by seven periods of thirty-minutes or less, and is liable for Thirty-Five Thousand Dollars ($35,000) for that month.

4. Notwithstanding its obligation to continue implementing corrective measures until it meets the Service Level for Website Unplanned Interruptions, the Offeror shall be liable, upon demand, for liquidated damages starting in the third consecutive month it fails to meet the Service Level, and every consecutive month thereafter, if it is not already liable for liquidated damages pursuant to subsection 3, above. Liquidated damages shall be in the amount of Five Thousand Dollars ($5,000) for each thirty (30) minutes (or lesser part thereof) of unavailability by which the Offeror exceeds the Service Level in the month that liquidated damages can be assessed.

For example, after two (2) consecutive months of sub-Service Level performance regarding Website Unplanned Interruptions, the website is unavailable for fifty (50) minutes due to Website Unplanned Interruptions during the third month. The Offeror has failed to meet the Service Level by one period of thirty minutes or less, and is liable for Five Thousand Dollars ($5,000). In the fourth month, the website is unavailable for seventy-five (75) minutes due to Website Unplanned Interruptions; it would be liable for Ten Thousand Dollars ($10,000) for that month (failure to meet for all or any part of two 30-minute periods).

5. After two (2) consecutive months in which liquidated damages are assessed, the liquidated damages for succeeding consecutive months of not meeting the Service Level double, to Ten Thousand Dollars ($10,000) for every thirty minute period (or lesser part) of unavailability due to Website Unplanned Interruptions in violation of the Service Level.

Miscellaneous

1. Damages for Website Unplanned Interruptions and Website Planned Interruptions in the same month are not cumulative only when unavailability is caused simultaneously by both kinds of Interruptions (e.g., certain user account functions are rendered unavailable due to Website Planned Interruptions and other functions become unavailable at the same time due to Website Unplanned Interruptions), in which case the period of time of simultaneous unavailability shall be counted only towards the total monthly unavailability due to Planned Interruptions.

2. For purposes of calculating whether liquidated damages should be assessed based upon consecutive months of failing to meet an Service Level or whether the amount of liquidated damages doubles in any month based upon two immediately preceding months of liquidated damages having been assessed, Website Unplanned Interruptions and Website Planned Interruptions shall be considered to be fungible.

That is, any combination of Website Unplanned Interruptions and Website Planned Interruptions in consecutive months shall be sufficient to result in the a) imposition of liquidated damages or b) the doubling of the amount of liquidated damages, as applicable.