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SERVICE LEVEL AGREEMENT (SLA) – EXHIBIT H This Service Level Agreement (“SLA”) is part of the Contract between County and Businessolver. Each year, Businessolver agrees to put at risk the fees listed in this Exhibit for failure to meet the agreed-upon service level metrics. Service level metrics may be reviewed annually by the parties for continuing applicability and may be revised periodically upon mutual agreement by both parties. A separate Service Level Agreement may be put in place for Contract Implementation and for the ACA Compliance process (1095-C forms). PERFORMANCE STANDARDS - MINIMUM REQUIREMENTS AND FEE CREDITS I. Performance Standards and Terms A. Each month, Businessolver is responsible for reporting actual results versus the agreed- upon service level metrics. In the event Businessolver fails to meet a service level metric, as set forth in this Exhibit, as a result of the acts or omissions of Businessolver, the service level credit shall be equal to the designated fees at risk for the applicable service for the month in which said service level was not met, and shall be credited at the end of the relevant quarter to the next month’s fees. For the avoidance of doubt, such service levels metrics shall not apply to the extent errors or delays are attributable to errors or delays by County personnel or their designee. B. The first ninety (90) calendar days of operation from the Go-Live date of the Services will be considered a settling in period in which the Performance Standards will not apply. C. Table 1-1 Ongoing Performance Standards Service Level Measurement Service Level Target Percentage of Monthly Administration Fee at Risk System Response Performance is measured The system will 10% of Businessolver’s Time using the following respond in three (3) monthly administration fee formula. The formula = seconds or less for at (Server Requests > 3 least 95% of the seconds/total number of member page Server Requests) – 10% = requests excluding Credit Percentage requests during Scheduled System Maintenance Down- Time. County will have access to logs measuring this standard. Any month in which the response time does not meet this metric will result in a service penalty. System Availability Performance is based on The Benefitsolver 5% of Businessolver’s the Businessolver site system will be monthly administration fee availability. Site available no less than availability shall be 99.5% of the time per calculated by multiplying month 100 times the quotient of (i) total number of minutes the Benefitsolver system is available (other than Service Level Measurement Service Level Target Percentage of Monthly Administration Fee at Risk unavailability due to exclusions to the definition of Server Downtime (as defined below)) in the applicable calendar month divided by (ii) the total number of minutes in the month, excluding Scheduled System Maintenance Down-Time. Transaction Performance is measured 100% of files on the 3% of monthly enrollment Processing by dividing the number of scheduled day. and eligibility fees for each Turnaround files sent within one day beyond the service business day of the level target up to a scheduled run time by the maximum of 5%. total number of files scheduled during the month. Case Resolution Performance is measured 99% of cases reported 1% of Businessolver’s based on resolution of to Businessolver monthly administration fee open tickets involving should be resolved employee cases. within 5 business days. Any month where 99% of cases reported to Businessolver are not resolved within 5 business days will result in a service penalty. COBRA Performance is measured 100% of COBRA 1% of Businessolver’s Administration based on compliance with notices should be sent monthly administration fee. COBRA regulations. within 5 business days Performance is calculated of Businessolver on the percentage of receiving a file COBRA Initial Rights indicating a COBRA and/or Qualifying Event notice is required. notices sent to participants Any month where within allowable timeframe 100% of COBRA based upon current COBRA notices are not issued regulations. on time will result in a service penalty. Annual/Open Performance is measured Businessolver will 5% of Businessolver’s Enrollment by whether a target date is complete all monthly administration fee missed due to annual/open Businessolver’s non- enrollment performance. County must deliverables by the meet its target dates or due date. Each the credit is waived. month, any deliverable that is not completed by the due date will result in a service penalty. Customer County will be asked to Achieve a satisfaction 5% of Businessolver’s Satisfaction report their satisfaction average of 90% or monthly administration fee with the Services team on better each month. a monthly basis through Any month where the their pulse in the average satisfaction Benefitsolver system. score falls below 90% Failure to report by County will result in a service during any month of the penalty. quarter will result in this Service Level Measurement Service Level Target Percentage of Monthly Administration Fee at Risk performance measure being forfeit. D. Terms of Performance Standards: "Performance Standards" outlined are for missed deliverables during the Contract period for services provided to the County. Fees for out of scope projects and custom programming are not subject to performance standard penalties. Performance will be measured on a monthly basis and reported to the County quarterly. Any penalty amounts will be assessed on a monthly basis unless noted otherwise and will be shown as a credit against the amount due from the County during the month after the end of the quarter in which the penalty is assessed. Should the penalty amount exceed the amount due during the month after the end of the quarter in which the penalty is assessed, the credit will be applied to amounts due in subsequent months until the full penalty credit is exhausted. Alternatively, the amount may be paid by check to the County, at the County’s request. Businessolver will not be responsible for any failure to meet Performance Standards due to: The failure of the County to deliver accurate data in a timely manner (as defined by a mutually agreed upon timeline). Any delay or failure excused by the terms of these Performance Standards. Any change in plan design or the County’s operations, that are at the request or controlled by the County (but not changes by Businessolver), that significantly impact Businessolver operations for which a 30-day notice is not provided, or unforeseeable fluctuations in employee volume from month to month exceeding 10%. The fee credits described in the table above are cumulative. The maximum monthly fees at risk for any one month shall not exceed 20% of total fees due. For the System Availability and System Response Time Service Levels, a credit will only be given for one or the other in a given month, but not for both Service Levels. Businessolver shall monitor its performance against the Service Levels set forth above, and provide to the County monthly reports that describe Businessolver’s performance against the service levels set forth above. Such reports shall include documentation that describes the basis for the information contained in the report. Upon the County’s reasonable request, Businessolver shall provide additional information requested by the County to demonstrate Businessolver’s compliance with the service levels set forth above. Definitions: "Business Day" means any day except a Saturday, Sunday, or national (U.S.) holiday. When a holiday falls on a Saturday or Sunday, the alternate day off that is generally observed will not be considered a “Business Day” for purposes of this Agreement. “Business Hours” means the County’s normal hours of operation, which are 8:00 a.m. MST to 5:00 p.m. MST (Arizona time) on Business Days. “Server Downtime.” For purposes of determining system availability, “Server Downtime” means any interruption of ten (10) minutes or more in the availability of the Benefitsolver system; provided, however, that Server Downtime shall not include time that is attributable to: (i) the County’s breach of its material obligations under the Agreement, which breach causes the server or site to be unavailable; (ii) failure or malfunction of any County-provided equipment or service; (iii)Scheduled System Maintenance Down-Time; and (iv)other mutually agreed to pre-scheduled system down-time. Force Majeure events, as defined in the Contract, are to be included in Server Downtime. “Scheduled System Maintenance Down-Time” shall mean any interruption in the availability of the System, due to: (i) System maintenance scheduled more than 48 hour prior to the disruption of service. (ii) Scheduled System Maintenance Down-Time will not exceed 6 hours per month and will occur between the hours of 12:00 – 4:00 am (Central). (iii)Businessolver will provide the primary County contact with a minimum of 48 hours’ notice of scheduled system maintenance. In addition, the County will have access to a real-time County Scorecard within Benefitsolver. The County Scorecard analytics provide information on activity that has taken place throughout your site (transactions, system performance, imports, exports, cases, etc.), system performance (unique users, page hits, median page time, mean page time, etc.), and Service Center metrics (if utilized).