EXHIBIT H 01.05.18 FINAL.DOCX

Maricopa County — Formal (2018-01-17)

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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).