Commuter rail operating agreement
SEVERITY LEVEL FOR CUSTOMER INCIDENT COMMUNICATIONS
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Severity Level 5 shall generally apply to Incident Communications from MBTA customers (provided such Incident Communication does not involve bodily harm or a security breach, as set out in Severity Level 1), unless such Incident Communication is related to an event otherwise reported by a source other than an MBTA customer, such as by the MBTA or by the Operator (a “Confirming Report”), in which case the customer Incident Communication shall be assigned the same severity level as that assigned to the event identified in the Confirming Report.
The term “System Applications” means (i) the Relevant Baseline Software, (ii) the Operator-Provisioned IT Environment, (iii) those components within a New IT Component Environment provided in accordance with Section 3 (New IT Component Environment); and (iv) those components within the Operator-Proposed IT Components approved by the MBTA in accordance with Section 4 (Operator-Proposed IT Components (for purposes of this Section 11 (Baseline Relevant Software; System Applications; Mission Critical and Mission Support Service Levels) of this Schedule 3.18 (Service Level Agreement and Service Credits), items (ii) through (iv) immediately above are referred to as “IT Environment Improvements”). The table below denotes the MBTA’s determination of whether a Software application within the Relevant Baseline Software is “Mission Critical” or “Mission Support” (as identified below). Where Relevant Baseline Software applications have been replaced or otherwise impacted by Software applications with IT Environment Improvements, the “Mission Critical” or “Mission Support” designation for such each such Software application shall be the designation originally applied to the functionally equivalent Relevant Baseline Software application, unless the MBTA reasonably designates otherwise.
Service Credits are a representation of a value of service required by the Operator, where the Operator failed to provide the level of agreed-upon service. These agreed upon standards are defined in the Service Levels. Service Credits vary among Service Levels based upon the impact of the Operator’s failure to meet the required Service Level. As such, failure to meet the standards of a Service Level of higher severity carries a proportionally higher Service Credit. Certain Service Levels, for example, Section 1 (Notification of Security Breach) and Section 2 (Forensic Review of Security Breach) of this Schedule 3.18 (Service Level Agreement and Service Credits), do not carry Service Credits, but instead rely on a direct damages structure.
Service Credits are allocated to the month in which they occur. Each Service Level Report shall be tallied by the MBTA and officially reported to the Operator and to the IPR (each a “Service Level Failure List”). The totaled Service Credits shall then be applied to the Monthly Fee that next-follows the date of the Service Level Failure List at issue. The appropriate MBTA department director maintains the right to officially omit or delay credits, either completely or conditionally.
In no event shall the Service Credits applied in any Reporting Period exceed the amount set forth in Appendix 1 (Operator Available Profit and Allocation) to Schedule 6.1 (Performance Evaluation).
To facilitate successful operation of the Commuter Rail System within the Service Levels, the MBTA, in its discretion, shall present the Operator with an opportunity to resolve the root issues surrounding a Service Level failure, in exchange for waiving some or all of the associated Service Credits. To request such a waiver, the Operator shall prepare and submit a plan to the MBTA that includes, at a minimum: a schedule for resolution of the root cause, a trial period after completion to test the effectiveness of the proposed solution, objective targets, methodology, and other necessary details. If the MBTA, in the exercise of its reasonable business judgment, approves the plan, the MBTA shall have the option of delaying application of some or all of the associated Service Credits, conditioned upon the Operator's future compliance with the associated Service Level. At the end of the approved schedule and trial period, if the problem is successfully remediated as evidenced by the lack of associated Service Level failures during the trial period, then the MBTA shall waive all the designated Service Credits. This effort allows problems with the system to be resolved, thereby improving the overall operation of the MBTA and the successful completion of its mission, while providing an incentive and opportunity to the Operator to address the root cause of recurring issues.
During the Term and subject to the provisions of the Contract, the MBTA shall at all times have the right to:
Upon such event, the Parties shall negotiate in good faith the metrics and measurements associated with such new Service Levels and Service Credits, and the additional charges (if any) associated with the incremental cost of implementing such new Service Levels, as determined under the IT Change Control process set out in Section 12 (Change Control and Configuration Management) of Schedule 3.16 (Information Technology Requirements). The Operator shall implement such new Service Levels in the time period agreed by the Parties pursuant to such negotiation. SERVICE LEVEL DEFINITIONS AND METRICS FOR OPERATOR IT ENVIRONMENT The following Service Levels and Service Credits apply to Commuter Rail IT Services.
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