HomeMy WebLinkAboutRes 06-08 WA Region XI Contracts WESTLAKE ACADEMY
RESOLUTION NO. 06-08
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY,
AUTHORIZING THE HEAD OF SCHOOL TO ENTER INTO SEVERAL CONTRACTS
WITH THE EDUCATION SERVICE CENTER, REGION XI FOR SERVICES.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY:
WHEREAS, the Westlake Academy utilizes the business services of Region XI
Education Service Center, which is responsible for performing the accounting functions in full
compliance with the Texas Education Agency (TEA) Financial Accountability System Resource
Guide as well as processing payroll, and
WHEREAS, the Service Center assists the Academy in Public Education Information
Management System (PEIMS) submissions and training throughout the year and this information
must be sent to TEA regularly but may not come directly from the Academy and must be routed
through the Service Center, and
WHEREAS, the Academy utilizes the Service Center's MIS Win School Student Support
Services which licenses and supports the use of the Win School software used to compile student
information for PEIMS reporting
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE WESTLAKE ACADEMY:
SECTION 1: That the Board of Trustees of Westlake Academy does hereby authorize the
Head of School to enter into the following contracts on behalf of the Academy with the Education
Service Center, Region XI for the following services:
Business Services
Public Education Information Management Services
MIS Win School Student Support Services
SECTION 2: That this Resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS 26th DAY OF June, 2006.
Scott Bradley, President
ATTEST:
JIM
an Dwinnell, Secretary /Barbara Brizuela, ead of School
APPROVED AS T FORM:
L. Stanton rney
f
Res WA 06-08
Business Support Services
Contract
. WESTLAKE ACADEMY
Education
Region
3001 North Freeway
Fort Worth, Texas 76106
,
BUSINESS SUPPORT SERVICES CONTRACT
EDUCATION E CENTER REGION X1
TABLE OF CONTENTS
Article l Statement nfServices ..................'..............................................._.. ~
Article O Tcon of Services............................................................................. ~
3
/\�ic\c Dl for Services --..'....--..—.—..—.----.._.._____.
' 3
&rdc� }\/ k�� oF�hcpodn�. ...---.-------_..,...__,~_..
5
Artic\c\/ J�r�houtk)nof�8crv�co—.�'=--^-__.—.--..___...____`,,,_
Article VI Commitment for Services .—.--..--.'----.---.----'--- v
6
/\d\cic VII /�utborzatkon fx Scrvccu ..—.......—_-----..—.—____.. . ..
2
BUSINESS SUPPORT SERVICES CONTRACT
EDUCATION SERVICE CENTER REGION X1
ARTICLE I-STATEMENT OF SERVICES
Business Support Services agrees to perform the business and computer services that are described
in the following sections. All services, which are to be provided for the Client by the Business
Support Services, are shown in the following sections. If changes in the specified services become
desirable, an additional supplement shall be made between the Client and the Business Support
Services.
ARTICLE 11-TERM OF SERVICE
This agreement covers services that are to be performed for the Client during the period beginning
September 1,2006 and ending August 31, 2007.
ARTICLE III—PAYMENT FOR SERVICES
All services will be invoiced on October 15, 2006, unless other billing arrangements are made
acceptable to both parties.
ARTICLE IV-RESPONSIBILITIES
FINANCE SERVICES
The Business Support Services will be responsible for performing the accounting functions for
the Client. in full compliance with the TEA Financial Accountability System Resource Guide.
Included in the accounting functions to be performed by Business Support Services are the
following:
• Post cash receipts
• Encumber purchase orders
• Post and print finance checks
■ Post budget amendments and journal entries
• Balance general ledger and funds prior to month closing
• Close monthly General Ledger and print standard report packet
® Provide RSCCC Board Reports
® Monthly bank account reconciliations
® Prepare IOWs at calendar year-end
■ Close out fiscal year
® Prepare budget worksheets and budget reports as needed
® Input budget into RSCCC
Perform and maintain all file backups
Prepare audit reports as required by outside auditors
Maintain archived set of reports and data input documents
3
BUSINESS SUPPORT SERVICES CONTRACT
EDUCATION S VICE CENTER REGION I
• File eGrant Expenditure Reports
• Prepare Fall PEIMS submission(budget&payroll)
• Prepare Mid-Year PEIMS submission (prior year actual expenditures)
DUTIES OF CLIENT
® Procure all necessary finance check stock and other supplies unique to the Client
® Perform daily functions including such tasks as
- Obtaining vendor information
- Preparing purchase orders and other payment request forms (i.e.,travel
reimbursements, payment authorizations, etc.)
- Tracking purchase orders from the time of issuance to the time the
merchandise is received and the purchase order is paid
- Disbursing checks to vendors
- Receipting cash collected
Submit the following documents(all papert��ork must be properly coded) - -
- Deposit slips
- Purchase orders
- Invoices
- Expense reimbursement forms
District written check logs
Distribute 1099's to vendors and submit reports to IRS
Execute all bank transactions and investments
Prepare budget
All accounts payable information must be timely submitted to Business Support Services to
ensure adequate time for accurate processing.
PAYROLL SERVICES
Business Support Services is able to process Bi-Weekly, Semi-monthly and monthly payrolls. As
a part of the payroll process, Business Support Services will perform the following functions:
® Maintain employee information on RSCCC
® Post payroll and employee leave transactions
® Run payroll calculations
® Post payroll
® Print employee and payroll deduction checks
® Print standard payroll reports
Create and post general journal entries
® Interface payroll with finance
® Prepare and submit monthly TRS reports utilizing TRAQS
4
BUSINESS SUPPORT SERVICES CONTRACT
EDUCATION SERVICE CENTER REGION XI
® Transfer TRS payment utilizing TexNet
® Prepare and submit quarterly TWC reports
® Prepare Employers 941 Quarterly Tax Returns
® Prepare W-2's at calendar year-end and submit to SSA
® Establish and update next-year payroll files
® Run August accruals
® Perform and maintain all file backups
® Prepare and submit electronic funds transfer file to bank
® File monthly TRS Supplemental Application
DUTIES OF CLIENT
Procure all necessary payroll check stock and other supplies
® Perform daily functions including such tasks as
- Compiling the basic demographic information and the information required to
calculate payroll amounts, such as deductions and Cafeteria 125 options for all
new.employees
- Advising Business Support Services of any changes affecting payroll
- Compiling and verifying information required to calculate payroll amounts for
substitutes and hourly employees
Submit monthly report on Retirees for TRAQS
® Distribute employee and payroll deduction checks
• Deposit payroll taxes
• Distribute employee W-2"s
• Sign and submit the 941 and Wj reports to the appropriate entities
All payroll information must be timely submitted to Business Support Services to ensure
adequate time for accurate processing.
ARTICLE V—TERMINATION OF SERVICES
This contract may be terminated by either the Client or the Education Service Center Region XI
in the event either party fails to perform according to the terms of this Contract upon thirty (30)
days written notice to the other party.
5
BUSINESS SUPPORT SERVICES CONTRACT
EDUCATION SERVICE CENTER REGION XI
ARTICLE VI-COMMITMENT FOR SERVICES
Client Name: WESTLAKE ACADEMY
Annual business Support Services:
U�
Finance Services only S
Payroll/Human Resources Services only S
Full Service(Finance,Payroll/HR, Budget, S 24_,000.00
and Bank Reconciliations)
Annual RSCCC software licensing fees included? Yes–X— No
Other Services:
Total Commitment: S24,000.00
ARTICLE VII–AUTHORIZATION FOR SERVICES
WESTLAKE ACADEMY has approved the district's use of Business Support Services
for the 2006-2007 school year. The total amount for these sen,icts is S 24 000.00
Superinte7-dent or Director of Sch 4c)ols
This Contract is accepted by Education Service Center Region XI as indicated above.
Executive Director
Education Service Center Region X1
6
PEIMS
DATA QUALITY
SERVICES
SERVICES AGREEMENT
for
2006-2007
EDUCATION SERVICE CENTER
REGION XI
MANAGEMENT INFORMATION SYSTEMS
3001 North Freeway
Fort Worth, Texas 76106
reiMs
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION X1
MANAGEMENT INFORMATION SYSTEMS
TABLE OF CONTENTS
Article I Services Agreement............................................................
Article 11 Statement of Services 4
Article III Term of Service 4
Article IV Payment for Services 4
Article V PEIMS Data Quality Services................................................. 5
Article VI PEIMS Data Quality Services Fees....................................
I ....... 6
Article VII PEIMS Data Quality Services Fee Tables 7
Article VIII PEIMS Data Quality Services Responsibilities ........................... 10
Article IX PDQS Commitment for Services ............................................. 12
Article X Commitment and Authorization for Services 13
REIMS A QUALITY 7
REGION EDUCATION SERVICE CENTER
MANAGEMENT INFORMATION SYSTEMS
ARTICLE I SERVICES AGREEMENT
This agreement,made and entered into by and between
I
Name of District TEA County/District No.
Y
E f Cam'`� �iJ✓•r`t L� I �� of R � ..+•-+ � ^
Address ' City and Zip Code
hereinafter referred to as the "School District" and Education Service Center Region X1, 3001
North Freeway, Fort worth, Texas 76106, hereinafter referred to as the "Education Service
Center," provides for the performance of services according to and under the following terms and
conditions.
Management Information Systems is the division of the Education Service Center directly
responsible for providing the services agreed upon. Management Information Systems will
hereinafter be referred to as "MIS". PEIMS Data Quality Services (PDQS) will function within
MIS to provide the services of this contract.
3
PEIMS DATA QUALITY SERVICES A 2006-2007
EDUCATION SERVICE CENTER REGION
MANAGEMENT INFORMATION SYSTEMS
AR'TICL.E II STATEMENT OF SERVICES TO BE PERFORMED
The Education Service Center agrees to perform the PEIMS consulting services that are described
in the following sections. All services that are to be provided for School District by or through
Education Service Center are shown in the following sections. If changes in the specified PEIMS
services become desirable. an additional supplementary written "Agreement for the Provision of
PEIMS Services" shall be made between School District and Education Service Center.
L______ ARTICLE III TERM OF SERVICE
This agreement covers services that are to be performed for School District during the fiscal year
beginning September 1. 2006, and ending August 31. 2007. However. due to the nature of the
PEIMS reporting function. these services may begin before September 1. 2006 and may extend
beyond August 31. 2007.
ARTICLE IV PAYMENT FOR SERVICES
The School District should complete this agreement in its entirety and email the entire service
agreement to rbryan cresc l !.net. Please print page 13. have the superintendent sign that page, and
fax it to Attn: Richard Bryan at (817) 740-3643. A copy of page 13 will be returned to you after
being signed by Education Service Center Region XI.
Payment is due upon receipt of invoice and may be paid quarterly or annually.
Please do not send a check back with the service agreement
4
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION X1
MANAGEMENT INFORMATION SYSTEMS
ARTICLE V PEINIS DATA QUALITY SERVICES
PEIMS DATA QUALITY SERVICES (PDQS)
TEA has - the ESC with assisting the school district in its responsibility for submitting
Z-1
PEIMS data in accordance with the PEIMS Data Standards. This service was funded through
state core funds and was provided to all school districts in Region XI at no cost to the district for
sixteen years. However. since state funds are not available to the service center for PEIMS as a
result of state legislation. a fee is charged to each user so that PEIMS assistance will continue at
the same level as in the past. This fee allows a continuation of the following services provided by
ESC PEIMS staff: L-
• ESC will assist the districts with its PEIMS data submission to TEA through EDIT+.
• ESC will provide training in all aspects of PEIMS data collection and submission.
r_1
• ESC will present multiple training, sessions concerning PEIMS finance. staff. and Student
emphasis reporting with an is on new areas of concern.
• ESC will supply telephone consultation throughout the PEIMS process as needed.
• ESC will inform the district of crucial areas of scrutiny by TEA (e.g.. PID. Underreported
Leavers. Discipline. etc.).
• ESC will review PEIMS EDIT+ data reports for consistency and possible errors.
• ESC will inform the district of changes and updates in PEIMS as the,,, occur.
• ESC will provide consultation as needed to:
• Ans\,N-er questions concerning the Data Standards and 'lie Student Attendance
L
ACCOLIntinc, Handbook
• Provide guidance through the EDIT+ process
• Organize the data Submission schedule and procedure
• Interpret Fatal Errors. Warnings. and Special Warnings
• Provide Solutions in the PID correction process
• Clarify various EDIT+ reports and emphasize their significance
• ESC will "ACCEPT"the district data file. finalizing the submission/resubmission to TEA:
• After reviewing selected EDIT+ reports (if problems are found. the district will be
notified and allowed to make corrections. if necessary)
• When final approval sheet is received. signed by the Superintendent
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
MANAGEMENT INFORMATION SYSTEMS
ARTICLE VI PEIMS DATA QUALITY SERVICES FEES
PDQS FEE
Each district will pay PEIMS Data Quality Services (PDQS) fees as indicated in the PDQS Fee
Table on the next page. The PDQS Fee covers all services by the ESC Region XI PEIMS Staff as
outlined above in Article V. This fee does not purchase software or software support for any
commercial product. The PDQS staff will work within the EDIT+ framework and other online
services provided by TEA. The PDQS Fee Tables are located in ARTICLE VII.
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
MANAGEMENT INFORMATION SYSTEMS
ARTICLE VII PEIMS DATA QUALITY SERVICES FEE TABLES
PEINIS DATA QUALITY SERVICES FEE TABLE
Districts will use the PEIMS Data Quality Services Fee Table below to determine the PDQS fee.
The PDQS Fee is determined by the 2005 Fall PEIMS Enrollment totals. An enrollment table
showing your PEIMS fall 2005 enrollment has been provided for your convenience on the
following pages. The enrollment table will show the number of students in your district for
choosing the correct PDQS fee in the table below.
Number of Students in District
At least ... ---!Ed up to PDQS Fee
1 to 500 . . . $19000
501 to 1,000 . . . $1,500
1,001 to 29000 . . . $29000
29001 to 49000 . . . 52950' 0
49001 to 89000 . . . $39000
8.5001 to 169000 . . . $39500
169001 to 329000 . . . $49000
32M01 to 649000 . . . $49500
64,001 to 128,000 S5,000
7
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
MANAGEMENT INFORMATION SYSTEMS
DUTIES OF TEA (from PEIMS Standards)
11 :- .......................I...........
0 TEA will explain the overall data requirements to ESC personnel
0 TEA will provide and maintain the PELVIS DATA ST4ADARDS and the STUDENT
A TTENDANCE A CCO UNTJYG HAA,"DBOOK
® TEA will provide the ESC and district with a standard editing and reporting system(EDIT+)
DUTIES OF' Pn1jd-A'r10N SERVICE CENTER from PEIMS
Send the data required (ACCEPT) by the current year PEIMS Data Standards to TEA by the
specified due dates for each submission/resubmission.
Review the district data using edit rules supplied by TEA. assuring
-g al fatals are corrected.
1 11 1 1 1
Assist the district with its data submission to TEA-s EDIT+ server.
• Notify district when its data has been approved by the ESC and made available for further
processing by TEA.
• Facilitate the accuracy and timely delivery of data.
• Explain the overall data collection requirement to school district personnel.
• Train school district personnel to adequately meet the data submission requirement. clo-,.'ering-
• Overall data flow
• Delivery schedule
• Data element definitions
• Data Submission formats
• Editing requirements
• Correction cycle
• Approval of the summary and error listing
• Operation of the web-based PEIMS EDIT+ system
Consultation will be provided to assist the school district in preparing the data submission and
to ensure data quality and compliance to the schedules.
ESC PEIMS staff will coordinate assistance bv:
• Answering questions about the Data Standards
• Organizing the data Submission schedule
• Answering questions about the edit and summary reports
• Organizing the error correction schedule
• Initiating the final approval of the district's submission to TEA
10
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGI®N XI
MANAGEMENT INFORMATION SYSTEMS
ARTICLE VIII PEIMS DATA QUALITY SERVICES RESPONSIBILITIES (Continued)
DITTIES ®F DISTF�ICT (fr®rre FEINTS Data.Sta�pclards�
• School district will submit the data required by the current PEIMS Data Standards to the ESC
in accordance with the specifications of the data standards.
• The required data will be approved by both the district and the ESC by the due dates
• School district will follow the ESC-established deadlines to allow sufficient time for technical
assistance by the ESC.
• School district will validate/edit the district data file using EDIT+.
• School district will get approval of its data file by ESC.
• Errors found by the ESC during the editing/validation process will be corrected by the school
district in a timely manner.
• District must approve the content of the data submission by signing the "Statement of
Approval of Summary Report and Error Listing" available through EDIT+.
• The approval form is to be signed by the superintendent and forwarded to TEA through the
ESC.
11
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICEC T ION X1
MANAGEMENT INFORMATION SYSTEMS
ARTICLE IX PEIMS DATA QUALITY SERVICES COMMITMENT FOR SERVICES
Name f 18k.-e A-AjO-q/ Coordinatorl-9�1`)1-1;21 (- Phone iLL2 % "
PEIMS SERVICES
PEIMS Data Quality Services (PDQS)
PEIMS Data Quality Services Fee S 1 LAC
TOTAL PEIMS DATA QUALITY SRVS COMMITMENT S
Transfer this Total PEIMS Data Quality Commitment amount to Page 13.
Retain the original PDF document for your records.
Return a copy of the completed PDF document by May 24,2006 to: rbryanCaesell.net
MIS mail address: MIS Department
Education Service Center Region XI
3001 North Freeway
Fort Worth,Texas 76106
12
PEIMS DATA QUALITY SERVICES AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
MANAGEMENT INFORMATION SYSTEMS
ARTICLE X COMMITMENT AND AUTHORIZATION FOR SERVICES
- - has approved the PEIMS Data Quality Services
Agreement for the 2662007 school year. The district agrees to pay for the contracted
services as indicated in this service agreement for the total amount of 1�toe') 10
Superintenden of Schools
X�
0
Date f
THIS AGREEMENT IS ACCEPTED BY EDUCATION SERVICE CENTER REGION XI
AS INDICATED ABOVE.
Executive Director
Education Service Center Region X1
Date
Education Service Center will return a copy of this page to the School District.
Retain the original PDF document for your records.
Please do not send payment with this document. All invoices will be mailed by
September l5,2006.
Return a copy of the completed PDF document by May 24, 2006 to: rbryan@esc I Lnet
FAX this page after the superintendent has signed it to: Attn: Richard Bryan at (817) 740-3613
OR mail the entire document to Richard Bryan.
MIS mail address: MIS Department
Education Service Center Region XI
3001 North FreeA,ay
Fort Worth, Texas 76106
13
MANAGEMENT
INFORMATION SYSTEMS
SOFTWARE and SUPPORT
SERVICE AGREEMENT
2006 - 2007
for
Win School Student
Health Office
-�Fe�irer�:t
EDUCATION SERVICE CENTER
REGION XI
3001 North Freeway
Fort Worth, Texas 76106
RSCCCi I47N SCHOOL
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
TABLE OF CONTENTS
Article I Services Agreement .......................................................... 4
Article 11 Statement of Services ........................................................ 5
Article III Term of Service............................................................... 5
Article IV Payment for Services......................................................... 5
Article V Software ....................................................................... 6
Article VI RSCCC Business System ................................................... 7
Article VII RSCCC Business System Price List .......................................
Article VIII RSCCC Business System Commitment for Services .................... 15
Article IX RSCCC Business System School District Coordinators ................ 16
Article X RSCCC PEIMS System Maintenance ..................................... 17
Article XI RSCCC PEIMS System Price List...................................................... 17
Article XII RSCCC PEIMS System Commitment for Services............................ 17
Article XIII RSCCC Software Distribution Sublicense Agreement....................... 18
Article XIV Chancery Win School Systems ............................................. 22
Article XV Chancery Win School Systems Price List ................................. 27
Article XVI Chancery Win School Systems Commitment for Services................. 29
• Alternative Campus Commitment for Services ..................... 32
• Special Site I Commitment for Services ............................
• Special Site 11 Commitment for Services ............................ 334
• Retraining Costs ......................................................... 35
Article XVII Chancery Win School K12PIanet .......................................... 36
Article XVIII Chancery Win School K12PIanet Price List.............................. 36
Article XIX Chancery Win School K12PIanet Commitment for Services .......... 37
RSCCC/WINSCHOOL 0607 2
MANAGEMENT INFORMATION SYSTEMS
SOFTWARIE and 7
SERVICE EDUCATION
TABLE OF CONTENTS (Continued)
Article XX HealthOffice 2000 Enterprise ............................................... 39
Article XXI HealthOffice 2000 Enterprise Price List .................................. 40
Article XXII HealthOffice 2000 Enterprise Commitment for Services ............... 40
Article XXIII eSped.com ..................................................................... 41
Article XXIV eSped.com Price List .......................................................................... 42
Article XXV eSped.com Commitment for Services ..................................... 44
Article XXVI eSped Online System Access Agreement........................................... 45
Article XXVII Strident Systems Responsibilities for Support............................ 51
Article XXVIII Novell or NT/2000 Network Support ...................................... 52
Article XXIX Novell or NT/2000 Network Support Price List ......................... 55
Article XXX Novell or NT/2000 Network Commitment for Services ................ 55
Article XXXI Commitment for Services ................................................... 56
Article XXXII Authorization for Services .................................................. 57
RSCCC/WINSCHOOL 0607 3
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION I CENTER
ARTICLE I SERVICES AGREEMENT
This agreement, made and entered into by and between
Name of District TEA County/District No.
Address City and Zip Code
hereinafter referred to as the "School District," and Education Service Center Region XI, 3001 North
Freeway, Fort Worth, Texas 76106, hereinafter referred to as the "Education Service Center,"
provides for the performance of services according to and under the following terms and conditions.
Management Information Systems is the division of the Education Service Center directly
responsible for providing the services agreed upon. Management Information Systems will
hereinafter be referred to as "MIS."
RSCCC/WINSCHOOL.0607 4
MANAGEMENT INFORMATION
SOFTWARE and U SERVICE 7
EDUCATION SERVICE CENTER REGION I
ARTICLE II STATEMENT OF SERVICES TO BE PERFORMED
The Education Service Center agrees to perform the computer consulting services that are described
in the following sections. All services that are to be provided for School District by or through
Education Service Center are shown in the following sections. If changes in the specified computer
services become desirable, an additional supplementary written "Agreement for the Provision of
Computer Services" shall be made between School District and Education Service Center.
ARTICLE III TERM OF SERVICE
This agreement covers services that are to be performed for School District during the fiscal year
beginning September 1, 2006, and ending August 31, 2007. However, due to the nature of
scheduling and other areas unique for schools, these services may begin before September 1, 2006.
AR'T'ICLE IV PAYMENT FOR SERVICES
The School District should complete this agreement in its entirety and email the entire service
agreement to dbatyLescI l.net. Please print page 57, have the district superintendent sign that page
and fax it to Attn: Darrell Baty at (8 17) 740-3643. A copy of page 57 will be returned to you after
being signed by Education Service Center Region XI.
Annual payment is due upon receipt of invoice, or arrangements for quarterly payments may be
made with ESC Region XI Business Office.
RSCCC/WINSCHOOL 0607 �J
MANAGEMENT SYSTEMS
SOFTWARE and S 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE V SOFTWARE
The software packages supported in this agreement are the:
• RSCCC Business System licensed from Education Service Center Region 20
• RSCCC PEIMS System (Stand Alone Only) licensed from Education Service Center
Region 20
❑ Student Management Solutions Win School Systems licensed from Chancery Systems, Ltd.
❑ K12PIanet, a school to home to community communication portal, licensed from Chancery
Systems, Ltd.
❑ Health®ffice 2000 Enterprise licensed from Healthmaster, Inc.
❑ eSped.com, Special Education Electronic Management Systems, licensed from eSped.com
RSCCC/WINSCHOOL 0607
MANAGEMENT
SOFTWARE and U SERVICE 7
EDUCATION SERVICE CENTER REGION XI
ARTICLE VI RSCCC BUSINESS SYSTEM
The RSCCC Business applications are designed and programmed by Education Service Center
Region 20.
Funding for enhancement and maintenance of the system is provided by Regional Service Centers
Computer Cooperative (RSCCC), a statewide cooperative of education service centers.
RSCCC Managers meet monthly and the Business Advisory Committee (BAC) meets regularly to
provide leadership for maintenance of the existing applications and for design of the new
applications.
RSCCC/WINSCHOOL 0607 7
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006®2007
EDUCATION SERVICE
ARTICLE YI RSCCC BUSINESS SYSTEM (Continued)
HARDWARE REQUIREMENTS
These are the current minimum hardware and software configurations for the RSCCC Business
System. Optional support is available as a part of this agreement for network servers and
workstations.
computer Recommended Description
System
5
Requirements
District Server Pentium IV 2 GB RAM
1.8 GHz or greater CD-RW or DVD-R Drive
Specifics depend on 36-72 GB SCSI hard drive or greater(depends on size of district)
district environment Tape Backup System and Raid I or 5
Operating System Microsoft Windows 2000 Server or 200') Server
Database Software Sybase SQL Anywhere 9*
Pentium IV 256 MB RAM
User Workstation: 2.0 GHz or greater Video card with at least 8 MB RAM
Database 32X CD—ROM Drive
Administrator CD-R Drive on DBA workstation
(DBA) 40 GB hard drive or greater(depends on size of district)
Workstation
Display SVGA 17"or larger color monitor(19"is preferred)
Client
Workstations Operating System Microsoft Windows 2000 Professional or Windows XP Pro(network
edition)
Software SQL Anywhere v.9.0—Personal Server and Client versions
DBA Workstation Microsoft Network Client(to map to the 2000/2003 Server)
ODBC Compliant Report/Query software(e.g., Office 2000)
Acrobat Reader(included with RSCCC)
Software SQL Anywhere v. 9.0—Client version *
Client workstation ODBC Compliant Report/Query software(e.g., Office 2000)
Acrobat Reader(included with RSCCC)
Printers Laser All RSCCC Business System reports will be formatted for printing on
laser printers,such as HP Laser 4100 or newer.
x Available from ESC Region XI at a discounted price and billed separately.
RSCCC/WINSCHOOL 0607 8
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE 7
EDUCATION SERVICE CENTER REGION XI
ARTICLE VI RSCCC BUSINESS SYSTEM (Continued)
The RSCCC Business System is a Windows, relational database system. It is ODBC (Open
DataBase Connectivity), and is powered by Sybase SQL (Structured Query Language). Districts can
connect to the RSCCC Business database via any Windows ODBC application, such as Microsoft
Excel and Microsoft Access, in order to run queries or develop any custom reports that the district
may desire.
The following applications are included in the system:
• Finance
• Budget
• Requisition
• Human Resources (Payroll & Personnel)
• Asset Management
• PEIMS
• Security
RSCCC Business is an integrated database system; therefore, a number of options are included
within the applications, rather than operating as separate modules. Examples are the Bank
Reconciliation and Budget Amendment functions.
RSCCC Business includes a comprehensive on-line Help module.
The Security application included with the system controls each user's access to the system at the
database, application, menu, and tab page levels. Full access, read only access, or no access is also
available. Access is also further defined by means of user profiles within the Finance, Budget, and
Requisition applications.
FINANCE
The Finance application is in full compliance with the TEA Financial Accountability System
Resource Guide. The application includes functions for maintenance of vendors; posting bank
reconciliation, and budget amendments. Also included is a user profile that defines accounts that
users can access.
Numerous standard reports are provided. In addition, Powersoft reports, PDF reports, user created
reports, and many types of inquiries are available. A check signature function is available within the
application.
Historical information can be maintained by fiscal year within the database. Access to the fiscal
years may be controlled at the user level.
RSCCC/WINSCHOOL 0607 9
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION X1
ARTICLE VI RSCCC BUSINESS SYSTEM (Continued)
CAMPUS ACTIVITY ACCOUNTING
The RSCCC Finance application can also be used at the campus for Campus Activity Fund
Accounting. The Campus Fund data would reside in the central financial database., but access to the
Campus Fund data would be controlled through Security.
HUMAN RESOURCES
This application offers great flexibility in posting leave, special pay transactions, and deductions by
connecting transactions to pay dates. The application contains a school calendar as well as accrual
calendars. Report and files needed for all state and federal agencies are available.
Many standard reports and inquiries are available.
Biweekly, semimonthly, and monthly payroll frequencies are supported. Additionally, a Next Year
section of the system makes it possible to build human resource data for the upcoming fiscal year in
z::1
advance. Mass updating and mass calculation of salaries are available. Next year salaries and
benefits can populate the Budget application.
This application complies with the TEA Financial Accountability System Resource Guide, including
accrual of salaries and benefits.
Historical information is available, including a"drill-down" to an employee's paycheck information.
The application meets all PEIMS requirements.
A check signature function is available within the application.
BUDGET
The Budget application provides a flexible tool for use in preparing the district budget. The
application includes three levels of use, which are: Requestor, Recommended, and Approved
Levels. A budget cutoff date may be established for each of the levels. Four types of historical data
are available for comparison purposes.
A flexible simulator can be used to develop "what-if' budgets. In addition, this application can
accept payroll budget data from the Next Year process within the Human Resources application.
Numerous inquiries and reports are available.
RSCCC/VVINSCHOOL 0607 10
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and V C T 2006-2007
EDUCATION SERVICE CENTER
ARTICLE VI RSCCC BUSINESS SYSTEM (Continued)
REQUISITI®N
The RSCCC Requisition application automates the purchasing and receiving functions for school
districts. This application eliminates duplicate paper work. A user profile defines budget control,
account code access, approval path, and receiving locations. An encumbrance is automatically
posted when the requisition is approved by the final approver in the path.
This application also includes a Next Year option used for entering requisitions for the upcoming
fiscal year.
Numerous inquiries and reports are provided. Purchase orders may be printed on plain paper or
custom forms.
ASSET MANAGEMENT
The Asset Management application complies with GAS13 34 requirements. The system
accommodates both capital assets and inventory assets, which are segregated within the system.
Depreciation schedules can be calculated and depreciation historical records can be maintained.
PEIMS
The PEIMS application is an excellent tool for managing and reporting PEIMS data. This central
PEIMS database can easily be populated with all the district's business and student PEIMS records,
then changes or corrections can be made to this PEIMS database. All of the tables from the TEA
PEIMS Data Standards are built into this application to ensure accuracy of PEIMS data.
The application generates the TEA PEIMS ASCII file to use with the TEA PEI.MS Editor. A merge
utility is also available in the application. This utility can be used to merge separate PEIMS ASCII
files, such as campus student files, into this centralized PEIMS database.
RSCCC/WINSCHOOL 0607 11
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SIT 2006-2007
EDUCATION SERVICE CENTER
ARTICLE VI RSCCC BUSINESS SYSTEM (Continued)
UTIES OF EDUCATION SERVICE CENTER
• Provide hands-on training and implementation with first year installation.
• Provide the initial installation of the Business System software on School
District's computer(s).
• Assist with all possible data file conversion from previous software vendor.
• Provide on-site visits as needed with the initial software installation.
• Provide unlimited telephone consultation.
• Provide user meetings, workdays, and training sessions throughout the year.
• Provide walk-in or on-site visits.
• Provide additional training sessions, if requested, at the price described in Price List,
Article VII.
• Maintain a backup of all software.
• Provide a backup processing site if School District experiences extended downtime or
loss of hardware.
• Insure that the Business System is in full compliance with TEA requirements.
DITTIES OF SCHOOL DISTRICT
• Provide and maintain all hardware necessary to run the RSCCC software.
• Perform all data entry necessary to establish data files and operate the systems on a
routine basis.
• Procure all necessary special forms,paper, and other supplies.
• Perform and maintain all file backups, as instructed.
• Allow staff to attend all training sessions provided by Education Service Center.
• Allow staff to attend all scheduled meetings at Education Service Center concerning
upgrades and enhancements to the RSCCC Business System.
RSCCC!WINSCHOOL 0607 12
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE V11 RSCCC BUSINESS SYSTEM PRICE LIST
BUSINESS SOFTWARE INSTALLATION
Business Systems (Finance, Human Resources, Asset Management, Budget and PEIMS.
Z5
1. Annual RSCCC Cooperative Fee S 386.61
2. Installation and Training (first year only) X $ 2500.00
3. Conversion of basic data from prior vendor $ 1100.00
4. Annual Licensing Fees
a) Each Installation $ 4989.17
b) Per Employee Charge @ $4 per employee
(Pay Types 1,2, and 3 active employees from May,2006 payrolls)
5. SQL Licenses
a) Number of workstations (first year only) S 47.00
b) Number of servers (first year only)
(Computers added during school year will be billed separately) S 47.00
6. Annual Remote Desktop Communications Fee*** S 500.00
a) Plus $50 per each additional connection
Requisition/Purchase Order System
Annual Licensing, Fees
a) Base Price S 580.00
b) Per User Charge @ $20 per user
(for district-wide installation only)
Campus Activity Accounting $ 550.00 per campus
Mid-year conversion and implementation will not be pro-rated.
Yx Annual licensing fee provides software maintenance, support and all regularly
scheduled training sessions, work days, and user meetings.
xxX This fee is only for districts connecting to their database that is housed at Education
Service Center.
RSCCC WINSCHOOL 0607 13
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE VII RSCCC BUSINESS SYSTEM PRICE LIST (Continued)
Additional Services Available that will be Extra Billed.
Retraining for new personnel will be scheduled as space and personnel are available
and will be billed at:
* Walk-in retraining will be billed at $30 per hour with a minimum of$60 and a
maximum of $180 per day per person.
* On-Site retraining will be billed at $45 per hour with a minimum of$90 and a
maximum of $270 per day per person.
Retraining provides more in-depth sessions for new personnel than are available in the regularly
scheduled training sessions.
• On Site System Operation provides districts with hands-on operation of the RSCCC Business
System to fill in for district personnel who are out for an extended period of time, or to provide
needed additional personnel.
On-Site System Operation will be billed at $45 per hour with a minimum of$90 and a
maximum of$270 per day per person.
• Out of Region On-Site Service
Out of Region On-Site Service will be billed at $60 per hour with a minimum of$120
and a maximum of$360 per day per person (time actually spent at the district), plus
mileage to and from ESC XI and the district at the current ESC XI mileage rate.
• Other Additional Services
Any other special services requested will be billed at $45 per hour with a minimum of$45.
Examples of such services are custom designed reports, data files, and research or assistance
with implementation of software outside of RSCCC.
A purchase order is required for all extra services.
RSCCC/VVINSCHOOL 0607 14
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and V 7
EDUCATION SE VICE CENTER REGION XI
ARTICLE VIII RSCCC BUSINESS SYSTEM COMMITMENT FOR SERVICES
District Name Coordinator Phone
Business System (Finance, Human Resources, Asset Management, Budget and
PEIMS
Annual RSCCC Cooperative Fee $ 386.61
Installation and Training $ 2500.00 (first year only)..........
Conversion of Data $ 1100.00 (first year only) .........
Annual Licensing Fees
Each Installation $ 4383.17 ..............................
Number of Employees @ $ 4.00 each ..........................
(Pay Types 1,2,&3 active employees from May,2006 payrolls)
SQL Licenses
Number of Workstations @ $ 47.00 ea. (first year only)...
Number of Servers @ $ 47.00 ea. (first year only)...
(Computers added during the school year will be billed separately)
Annual Remote Desktop Communications $ 500.00 ................................
Fee
Each Additional Connection @ $ 50.00 ...............................
Requisition/Purchase Order System
Annual Licensing Fees
Base Price $ 580.00
Number of Users @ $ 20.00 each
(This number should be the same as the number of individuals
that use the Requisition System.)
Campus Activity Accounting
Number of Campuses @ $ 550.00 each .........................
TOTAL BUSINESS COMMITMENT S
Transfer this'Total Business Commitment amount to Page 56.
Retain the original PDF document for your records. Return a copy of the completed PDF document by
May 24,2006 to: dbatykescll.net or the mailing address on page 57.
RSCCC/WINSCHOOL 0607 15
MANAGEMENT INFORMATION
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER
ARTICLE IX RSCCC BUSINESS SYSTEM SCHOOL DISTRICT COORDINATORS
Each School District shall designate persons to function as District Coordinators of MIS Processing.
The Coordinators will have the following responsibilities:
a. Act as contact persons to pass information and instructions from Education Service
Center MIS personnel to School District staff.
b. Attend meetings and workshops for RSCCC users.
c. Make district administrative decisions involving computer services.
The School District designates the following as District Coordinators:
BUSINESS SYSTEMS COORDINAT®R Campus Telephone Number E-Mail Address
District:
Payroll:
Personnel:
Finance:
Asset Mngt:
Requisition:
Technology:
PEIMS:
RSCCC/WINSCHOOL 0607 16
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE X RSCCC PEIMS SYSTEM MAINTENANCE
This system allows clients to manually update static PEIMS information into a central database for
reporting to the Texas Education Agency.
HARDWARE REQUIREMENTS
The PEIMS Maintenance system uses the same requirements as the RSCCC Business System.
Support is provided through the MIS PEIMS Team.
ARTICLE XI RSCCC PEIMS SYSTEM PRICE LIST
PEIMS MAINTENANCE SYSTEM
PEIMS System S 1500 per district
(This service is only required for districts wishing to use this system to merge and maintain their
PEIMS static data.)
ARTICLE XII RSCCC PEIMS SYSTEM COMMITMENT FOR SERVICES
RSCCC PEIMS SYSTEM MAINTENANCE
DO NOT COMPLETE THIS SECTION IF THE DISTRICT IS CURRENTLY
USING THE RSCCC BUSINESS AND / OR STUDENT SOFTWARE
SYSTEMS
RSCCC PEIMS Maintenance System
PEIMS System only 1500 ......
TOTAL RSCCC PEIMS COMMITMENT S I
Transfer this Total RSCCC PEIMS Commitment amount to Page 56.
Retain the original PDF document for your records. Return a copy of the completed PDF document by
Tay 24,2006too dbat3:kesc11.nct or the mailing address on page 57.
RSCCC/WINSCHOOL 0607 17
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE E 2006-2007
EDUCATION E VICE CENTER REGION XI
ARTICLE XIII SOFTWARE DISTRIBUTION SUBLICENSE AGREEMENT
ESC Region XI, Software Distribution Sublicense Agreement
This Software Distribution Sublicense Agreement is made and entered into and between the Education
Service Center(ESC) Region XI and the School District. The following information is necessary to
comply with the Terms and Conditions between ESC Region XI, ESC Region 20, and iAnywhere.
The parties agree as follows:
I DEFINITIONS
1.1 "adaptive Server Anywhere Client/Server RDBMS Programs"
The iAnywhere Adaptive Server AnyWhere Client Server Relational Database Management System (ASA
RDBMS)programs licensed for resale by Region XI to school districts.
1.2 "Region XI"
The reseller of the ASA RDBMS as duly authorized by Region 20 and iAnyWhere,and also means regional
service center duly authorized by Region 20 to distribute the ASA RDBMS Programs.
1.3 "End User"
A school district or regional service center using the ASA RDBMS Programs exclusively with RSCCC
Products internally and not for redistribution.
1.4 "End User Sublicense Agreement"
An End User sublicense agreement between Region XI and its End Users that complies with Section 2 of this
agreement.
1.5 "Seat"
A specific identifiable unique accessor of information such as a terminal,PC, single user workstation,laptop
computer, or real time device directly or indirectly accessing the Programs without regard to when the access
occurs.
1.6 "Server"
A copy of the ASA RDBMS Programs)used on a Machine that hosts the functionality of such Program(s)to
one or more Seats.
1.7 "Updates"
Maintenance Releases and Major Releases of the Programs made generally available by iAnywhere to
customers who have paid for such Updates,but does not include new products available for an additional fee.
9 "Maintenance "Releases"
Patches,work-arounds, minor releases and error corrections to the Programs.
® "Major Releases"
A new major release of the Programs containing new features and functions as well as error corrections.
1.8 "Upgrades"
Any change in the usage of the Programs(including an increase in the number of Seats or the installation on a
new or upgraded Machine)that would result in additional fees hereunder.
RSCCC/VVINSCHOOL 0607 18
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and U T SERVICE A 7
CENTER EDUCATION SERVICE
ARTICLE XIII SOFTWARE DISTRIBUTION SUBLICENSE AGREEMENT
2 TERMS OF SUBLICENSE AGREEMENT BETWEEN REGION X1 AND THE END USER
2.1 All Sublicense Agreements between Region XI and the End User for the ASA RDBMS Programs shall include
substantially the following provisions:
2.1.1 The End User is only granted a non-exclusive,non-transferable right to use the ASA RDBMS Programs
for its own internal business purposes. The End User may only use the ASA RDBMS Programs with
and as part of RSCCC products and is prohibited from using the ASA RDBMS Programs for application
development purposes running outside of the RSCCC products.
2.1.2 The End User's usage of the ASA RDBMS Programs shall be restricted to the licensed Servers and Seats
consistent with the pricing terms of this Agreement. The End User shall be prohibited from sublicensing,
timesharing,rental, facility management, or service bureau usage of the ASA RDBMS Programs.
2.1.3 Region 20's licensor(iAnywhere Solutions)retains title to the Programs,and all copies thereof, and
associated intellectual property rights therein. The End User may not copy the Programs, except for
inactive backup and archival purposes only,and must include on all copies of the Program all copyright,
government restricted rights and other proprietary notices or legends included on the Program when it
was shipped to such licensee.
2.1.4 Neither Region XI or Region 20 and its licensors(including iAnywhere Solutions)shall not be
responsible for any indirect, incidental, special and consequential damages.
2.1.5 Only object code versions of the Programs are licensed to the End User and reverse engineering,
disassembly or decompilation to derive source code shall be prohibited(except to the extent expressly
allowed under applicable law).
2.1.6 Although copyrighted,the ASA RDBMS Programs are unpublished and contain proprietary and
confidential information of Region 20 and its licensor(iAnywhere Solutions). The End User will agree to
maintain the Programs in confidence and shall use a reasonable degree of care to protect the
confidentiality of the Programs.
2.1.7 Upon termination of the license for the Program,the End User shall be required to destroy or return all
copies of the Program.
2.1.8 Region XI shall have the right to conduct and/or direct an independent accounting firm to conduct,
during normal business hours,an audit of the appropriate records of the End User to verify the number of
copies of the Program in Use,the computer systems on which such copies are installed and the number-of
Seats.
3 DISTRIBUTION LIMITATIONS
Neither Region XI or its End Users shall be permitted to: (i)copy any iAnywhere Programs(except as authorized
herein);(ii)translate,modify, adapt, enhance,decompile,disassemble or reverse engineer the Programs; (iii)use the
Programs to provide any facility management, service bureau or similar services to third parties; or(iv)permit third
parties to remotely access and use the ASA RDBMS programs over the internet, unless Region XI has obtained prior
approval from Region 20 and Region 20 has paid iAnywhere the applicable fees for any such usage of the Programs.
"Service bureau" shall mean an arrangement pursuant to which(i)third parties are permitted to remotely access and
use the Programs by any means to process their own data; or(ii)End User uses the Programs to process the data of
any third party.
RSCCC I WINSCHOOL 0607 19
MANAGEMENT
SOFTWARE and U SERVICE A 2006-2007
EDUCATION SERVICE CENTER
ARTICLE XIII SOFTWARE DISTRIBUTION SUBLICENSE AGREEMENT
4 CUSTOMER SUPPORT AND UPDATES
4.1 "First Level Support"
Region XI shall be responsible for providing End Users with First Level Support for the RSCCC and the
ASA RDBMS Programs.
4.2 "Second Level Support"
Region 20 will provide Region XI with Second Level Support.
4.3 "Updates"
iAnywhere will provide Region 20 with one copy of all Updates to the ASA RDBMS Programs made
generally available by iAnywhere during the Term. Region 20 shall be responsible for distributing the
ASA RDBMS updates(from the Updates provided by iAnywhere)to Region XI. Region XI shall
distribute these updates only to properly licensed End Users.
5 RECORDS AND ACCOUNTS
5.1 During the Term and for a period of at least two years thereafter, Region XI shall keep full,true and
accurate records and accounts in accordance with generally accepted accounting practices to show the fees
payable to Region 20. This information will be used to comply with the Terms and Conditions between
Region 20 and iAnywhere.
5.2 These records and accounts shall include,at a minimum, for each ASA RDBMS distributed,directly or
indirectly,by Region XI: (i) End User name and address; (ii)the date of shipment of ASA RDBMS:(iii)
the number of Seats licensed; (iv)a copy of each Sublicense Agreement and End User order;and(v)
records concerning Upgrades provided to End User.
5.3 End Users shall use the attached order form(Enclosure 2)to request new licenses from Region XI.
6 DEFAULT AND TERMINATION
6.1 All ASA RDBMS Program sublicenses properly granted by Region XI pursuant to this Agreement shall
survive termination of this Agreement. If this Agreement expires or is tenninated by either party for any
reason, End User will immediately pay all sums due and owing to Region XI.
6.2 If End User fails to pay any sum of money past due and owing under this Agreement within 30 days of
written notice thereof from Region Xl, Region XI shall have the right to terminate this Agreement without
further notice to End User. If either party breaches any of the terms,conditions or provisions of this
Agreement,and fails to cure such breach within 30 days after written notice thereof,the other party shall
have the right to terminate this Agreement without any further notice.
6.3 In the event of a party's uncured breach of this Agreement,the non-breaching party may,in addition to the
right to withhold its performance under and/or terminate this Agreement,avail itself of all other rights,
remedies and causes of action available at law,in equity or otherwise, against such party for damages as a
result of such breach. Unless otherwise provided in this Agreement, remedies shall be cumulative and
there shall be no obligation to exercise a particular remedy. Except as set forth below in Section 6.4,upon
any termination of this Agreement,End User shall immediately destroy or return to Region XI,at End
Users expense, all copies of the ASA RDBMS Pro-rams used internally or not yet distributed by End User
and all other materials and Confidential Information provided by Region XI,Region 20, or iAnywhere
under this Agreement. Region Xl,Region 20, or iAnywhere shall be under no obligation to refund any fees
RSCCC/WINSCHOOL 0607 20
MANAGEMENT INFORMATION
SOFTWARE and SUPPORT 7
EDUCATION SERVICE CENTER REGION I
ARTICLE XIII SOFTWARE DISTRIBUTION SUBLICENSE AGREEMENT
paid to Region 20 by Region XI for any undistributed copies of the ASA RDBMS Programs held by
Region XI or End User upon any expiration or termination of this Agreement.
6.4 In the event of any expiration or termination of this Agreement(other than termination by Region XI under
Section 6.2 above), Region XI shall be entitled to: (i)retain all ASA RDBMS Programs which End User
has paid the applicable fees solely for purposes of providing support to Region Xl's existing End Users;
and(ii)to distribute, for a period not to exceed 90 days,any ASA RDBMS Programs already paid for and
held in its inventory as of the termination date. Expiration or termination of this Agreement shall not
prejudice,limit or restrict any other rights or remedies arising prior to such expiration or termination. This
Section 6 shall survive termination of this Agreement.
7 GENERAL,
7.1 The Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. If
either party is compelled to seek judicial enforcement of its rights under this Agreement,the prevailing
party in any such action shall be entitled to recover its costs and expenses incurred in enforcing its rights,
including reasonable attorneys'fees.
7.2 The parties shall be deemed for all purposes to be independent entities. This Agreement shall not constitute
either party the employee,legal representative or agent of the other,nor shall either party have the right or
authority to assume,create, or incur any liability or any obligation of any kind on behalf of the other party.
7.3 All notices and demands of any kind or nature relating to this Agreement shall be in writing and may be
served personally or by prepaid United States mail(return receipt requested)or by private mail service
(e.g., Federal Express) if a confirmation of delivery is obtained,in either case to the End User shown on
page one of this Agreement. Copies of all notices to Region XI shall be sent to the attention of the
Director, Management Information Systems(MIS). Either party may,by notice in writing to the other
party, designate a different address to which all further notices or demands are thereafter to be addressed.
7.4 Each provision of this Agreement is severable from the entire Agreement,and in the event that any
provision is declared invalid or unenforceable,that provision shall be amended if possible to be
enforceable,but in any event, the remaining provisions hereof shall remain in effect. No waiver by either
party of any default shall operate as a waiver of any other default or of a similar default on a future
occasion. No waiver or amendment of any term or condition shall be effective unless in writing and signed
by the party against whom enforcement is sought.Neither party shall be liable for any failure to perform
any obligation hereunder(except a failure to pay)due to causes beyond its reasonable control.
7.5 This Agreement is the complete and exclusive statement of the agreement between the parties and
supersedes all prior agreements and representations between them relating to the subject matter. Purchase
orders shall be binding as to the ASA RDBMS Programs ordered. End User may not assign this
Agreement or any of its rights hereunder without Region XI's prior written consent,which shall not be
unreasonably withheld.
8 PRICING
8.1 The unit pricing for a seat or a server license is$47.
8.2 Updates fees to Major Releases,e.g.higher version of the ASA RDBMS will be provided at a cost of 25%
of the unit price per license. Region XI will provide an updated version of the ASA RDBMS Programs
only for existing licenses.
Signing this MIS Service Agreement constitutes agreement to the provisions of the Software
Distribution Sublicense Agreement.
RSCCC/WINSCHOOL 0607 21
MANAGEMENT INFORMATION
SOFTWARE and SUPPORT C 7
EDUCATION
ARTICLE XIV CHANCERY WIN SCHOOL SYSTEMS
Regional Service Centers have entered into an agreement with Chancery Systems Ltd. to market and
support the Student Management Solutions Win School software to school districts. This agreement
results in reduced licensing fees that are not available to districts contracting directly with Chancery
or other third party providers.
Chancery Win School software is cooperated and licensed for use at a specific campus. The
software is to be installed at the campus and used only by authorized campus employees. The
software must not be copied or modified in any way other than for backup and archival purposes.
Each campus, upon one week's advanced written notice, must grant the Education Service Center
and/or Chancery reasonable access to verify compliance with this agreement.
HARDWARE REQUIREMENTS
These are the recommended hardware and software configurations for the current Chancery Win
School Systems. The School District will be responsible for purchasing and maintaining all
hardware. Please contact Education Service Center before making the final decision on type and
size of equipment. Optional support is available as a part of this agreement for network servers and
workstations.
Computer recommended System bescription
I Requirement
District/Campus Pentium IV 2 GB RAM
Server 1.8 GHz or higher 24X CD-ROM drive
30 GB hard drive
Operating System Windows NT 4.0 w/SP6, Windows 2000(SP3)
Win 2000,Netware 6.x
IE 6.x
Communication Protocol TCP/IP
User Workstation Pentium IV 256 MB RAM
or 1.8 GHz or higher 12X CD-ROM drive
Stand Alone PC At least 1 GB free space
Operating System Windows 2000(SP3), Windows XP Professional
(Will run on ME,but is not recommended)
Will not run on Windows 95
IE 6.x(SP I)
Communication Protocol TCP/IP
eClass Gradebook Pentium 11 64 MB RAM
and 500 MHz or higher At least 20 MB free space
eClass Attendance
Operating System Windows 98,NT 4.0 w/SP 6,Windows 2000, Windows XP
(Will run on ME.but is not recommended)
Will not run on Windows 95
Communication Protocol TCP/IP
RSCCC/WINSCHOOL 0607 22
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XIV CHANCERY WIN SCHOOL SYSTEMS (Continued)
Printer selection will depend on the School District's selection of forms and needs concerning report
formats. Chancery Win School is capable of printing to any printer attached to the microcomputer,
workstation or supported network. A laser printer is the preferred printer because of the Windows
environment.
WIN SCHOOL SOFTWARE FOR STUDENT SERVICES
The Chancery Win School Student System is a Windows based modular system available in a single
or multi-user version. Win School has multi-level password protection and prints to the screen,
printer or disk file.
The following applications are available in various combinations to meet the specific needs of
elementary, middle and high schools:
• Student Demographics
• Attendance
• Grade Reporting
• Scheduling
• Discipline
• eClass Gradebook
• eClass Attendance
• Scanning
• Report Manager
• Details
• Query
• ASCII Import/Export
• District Data Integrator(DDT)
STUDENT DEMOGRAPHICS
• Student demographic data can be imported with the ASCII Import/Export Utility
• Capable of storing up to 5000 student records
• Maintain enrollment history
• Groups such as band and athletic teams can be maintained and rosters printed
RSCCC 1 WINSCHOOL 0607 23
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER
ARTICLE XIV CHANCERY WIN SCHOOL SYSTEMS (Continued)
ATTENDANCE
• Record student daily, half-daily and/or period attendance
• Create up to 256 user-defined daily and period attendance codes
• Calculate ADAs
• Enter attendance manually, with an optical scanner, or teacher desktop work station
GRADE REPORTING
• Report cards consolidate demographic, attendance and gradebook data to produce
report cards
• Capable of entering grades manually, transferred from teacher's gradebook, scanning
from scan document or transferred using ASCII data
• Calculate term, semester, annual and cumulative GPA
• Full page transcript
• Calculate class rank and honor roll, based on school-specified criteria
• Design report cards, honor rolls, eligibility lists, letters and mailing labels using the
Report Manager
SCHEDULER
• Scheduler builds the conflict matrix, master schedule and student schedules
• Accommodate up to 5000 students in 5000 classes
• Schedule up to 42 periods per day, 14 days per cycle, and 400 blocks per cycle
• Create schedules for year round schools
• Schedule up to 12 terms at once, including 6-weeks, 9-weeks, semester, and full-year
courses
• Scan, import or manually enter student course requests
• Automatically update class rosters
• Flag each student's required, prerequisite and co-requisite courses
• Automatically create or manually enter newly enrolled student's schedule at any time
DISCIPLINE
• Complete discipline records are maintained on an individual student basis
• Define over 100 infractions
• Record incidents for each student, including date, location, action taken and
additional comments
• Produce summary reports on specific infractions or create detailed reports on
individual students
RSCCC/WINSCHOOL 0607 24
MANAGEMENT A SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER N XI
ARTICLE XIV CHANCERY WIN SCHOOL SYSTEMS (Continued)
eCLASS GRADEBOOK
• eClass is an electronic gradebook program for the teacher's desktop
• Utilizes the demographic data and student schedules to populate the teacher's
gradebook
• Gradebook enables teachers to store student grades for individual assignments
• Produces progress reports
• Electronically transports term grades into the Report Card module
• Interfaces with K12PIanet
eCLASS CLASSROOM TEACHER ATTENDANCE
• Desktop on-line teacher attendance
• Point and click operation
• Data query from teacher desktop
• On-line office notification
REPORT MANAGER
• Select any combination of fields from Win School to include in reports
• Print specific lists for eligibility, etc.
• Create personalized letters using Report Managers mail merge feature
QUERY
• Administrator's tool for instant access to data without ability to change data
• View demographic, contacts, discipline history, medical and custody information
• View student's complete attendance history
• View student's schedule
• View student's grades, honor roll status, class rank, grade point and earned credits
• View teacher records, which includes home address, emergency contact and
schedule
• Print comprehensive reports
RSCCC I WINSCHOOL 0607 25
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XIV CHANCERY WIN SCHOOL SYSTEMS (Continued)
ASCII TRANSFER
• Import or export data in industry standard ASCII-delimited or ASCII-fixed format
• Complete flexibility in determining which data is transferred, its order, and its format
EXPORTS
• NCS End-of-Course Precoding
• NCS TAKS Tests Precoding
• NCS Merge Function
• AEIS It Class Rosters Extract
• PDAS Teacher Information
• Class Absence Report
DISTRICT DATA INTEGRATOR(DDI)
• WAN, LAN or stand-alone merging of district wide data
• Ability to produce custom reports through Crystal Reports
• Superintendents Report
RSCCC WINSCHOOL 0607 26
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and U 2006-2007
EDUCATION VICE CENTER I
ARTICLE XV CHANCERY WIN SCHOOL SYSTEMS PRICE LIST
Win School Student Data Management Systems
Annual Campus Licensing Lease Fee
Campuses 1 and 2 S 3900 each
Campuses 3 and 4 S 3380 each
Campus 5 and all additional campuses $ 2860 each
Annual Campus Gr°adeook Support (eClass Grades) $ 25 per user
Annual Alternative Site Licensing Fee S 460 per campus
Annual Classroom Attendance Licensing Pee (eClass Attendance) -A' $ 420 per campus
Cross Platform/Mae Users (Classroom Attendance and Class Grades) $ 420 per campus
Special Site-I Fee (District must have less than 1000 students and must $ 5000
process multiple single user campuses on one stand-alone computer.)
Special Site-II Fee(District must have less than 750 students and $ 9000
must process multiple network campuses on one single Windows file server.)
Installation and Conversion of Win School files (first year only) $ 2100 per campus
Win School Training (first year only) S 1340 per campus
Initial training to include specific instructions in:
1. Setup, Details and Utilities
2. Scheduling, Report Cards/Grade Reporting
3. Attendance
4. eClass Gradebook& eClass Attendance
6. Report Manager
7. District Data Integrator (DDI)
RSCCC/WINSCHOOL 0607 27
MANAGEMENT INFORMATION SYSTEMS
SUPPORT SOFTWARE and V C T 7
EDUCATION SERVICE CENTER REGION XI
AI2TICEE XV CHANCERY WIN SCSI®®I, SYSTEMS PRICE FIST (Continued)
Retraining(For personnel new to the district/campus after S 200 per person
the initial first year training.)
Retraining consists of a four day workshop (Win School Round 1) that covers the following
modules:
School Setup
® Details (Courses, Teachers, & Students)
® Attendance
Texas Reports
Report Manager
Query
® Additional training sessions, if requested by the client, will be scheduled as space and personnel
are available and will be billed at:
® $100 per half day session in a Lab plus $30 per hour with a minimum of$90
® $200 per full day in a lab plus $30 per hour with a minimum of$180
® $ 30 per hour with a minimum of$90 for non-laboratory training
Any additional requested services, outside the nonnal Win School services described herein will
be billed separately. Examples of such services are custom designed reports or ASCII files and
research or assistance with implementation of software outside of Win School.
A purchase order is required for each extra service. Services requested will be billed at S45
per hour with a minimum of S45a Charges will include both consultation and preparation
tune.
RSCCC/wINSCHOOL 0607 28
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION X1
ARTICLE XVI CHANCERY WIN SCHOOL SYSTEMS COMMITMENT FOR SERVICES
District Name We 5k-1 AYf-- NCkk--,v-q District Coordinator
Telephone Number
1. Campus Name -Vje5tjpLc— k-,o,6eL Telephone Number 90- 490153
Campus Coordinato r Telephone Number qeic 15 7
Ixtension Number nJ22,—
Win School
Annual License Lease(campus 1) 3900 each
Cross Platform 420 campus 0,
Installation& Conversion (first year only) 1100 campus
Training(first year only) 1340 campus
eClass Gradebook System teacher/admin ra
/ $ 25 user
eClass Attendance System 420 campus
Total for campus 1 S 32.6.
00 1
2. Campus Name Telephone Number
Campus Coordinator Telephone Number
Extension Number
Win School
Annual License Lease(campus 2) $ 3900 each
Cross Platform $ 420 campus
Installation & Conversion (first year only) $ 1100 campus $
Training(first year only) $ 1340 campus $
eClass Gradebook System teacher/admin @ 25 user $
eClass Attendance System 420 campus $
Total for campus 2 $
Retain the original PDF document for your records. Return a copy of the completed PDF document by
May 24,2006 to: dbatyra,esell.net or the mailing address on page 57.
RSCCC/WINSCHOOL 0607 29
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT C 2006-2007
EDUCATION I CENTER REGION XI
ARTICLE XX LIEAL,TIIOFFICE 2000 ENTERPRISE
HealthOffice 2000 Enterprise (1-102E) is a health and immunization management product that is
available through the Education Service Center.
Data can be maintained either through use of a central database that includes all campuses or each
campus can be a separate database. Databases can be maintained on a personal computer, a LAN or
a WAN.
HealthOffice 2000 Enterprise software is cooperated and licensed for use at a specific campus or
district. The software is to be installed at the campus or a central district network and used only by
authorized campus/district employees. All campuses in a district must purchase a site license. The
software must not be copied or modified in any way other than for backup and archival purposes.
Each campus, upon one week's advanced written notice, must grant the Education Service Center
and/or Healthrnaster reasonable access to verify compliance with this agreement.
The school nurse can maintain student immunization and screening records. Scheduled
administrations can be maintained.
• Allows import of demographic records from Win School files
• Records can be moved between campuses
Provides state required immunization and examination records calculations
HARDWARE REQUIREMENTS
These are the recommended requirements for Healthmaster's HealthOffice 2000 Enterprise
system. Meeting or exceeding these requirements will improve overall performance of the
system.
$ysteM,Reqpirements
Recommended
Operating System Windows 98;2000,ME,NT 4.0(SP6), Internet Explorer 5.5
Processor Pentium IV 1.8
Memory 256 MB or higher
Hard Drive 1 GB free space
Monitor Resolution SVGA Monitor w/ 800X600 or higher
Backup Drive Iomega® Zip Drive or LS 120 Iomega® Zip Drive,
LS 120, or to Network
CD ROM Drive 6x or FASTER
Printer Inkjet or Laser
Optional Networking Network Interface Card
Server NT/2000 Servers only. Novell is not supported.
RSCCC/WINSCHOOL 0607 39
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION X1
ARTICLE XXI HEALTHOFFICE 2000 ENTERPRISE PRICE LIST
HealthOffice 2000 Enterprise Campus Annual License Fee S 755 per regular campus
S 420 per alternative campus
ARTICLE XXII HEALTROFFICE 2000 ENTERPRISE COMMITMENT FOR SERVICES
HEALTHOFFICE 2000 ENTERPRISE
District Name VIP.500,6 Coordinator Cf prk-)Nf-
Telephone Number—ELI-40(0 --5-1 51_Extension Number aj-J-4110 -676?,
HealthOffice 2000 Enterprise (H02E) -7 55i w
Annual Use Site Fee campuses @ $ 755 per regular campus $
Annual Use Site Fee campuses a,
$ 420 per alternative campus$
kLoA
Campus Name Nurses Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
Campus Name Nurse's Name Phone Number Campus Name Nurse's Name Phone Number
DuOicate this page for additional camp!Lses.
TOTAL H02E FEES FOR campuses $
Transfer this Total H02E Commitment amount to Page 56.
Retain the original PDF document for your records.
Return a copy of the completed PDF document by May 24,2006 to: dbaty(aDesc1l.net or mail to the
address on page 57.
RSCCC/WINSCHOOL 0607 40
MANAGEMENT SYSTEMS
SOFTWARE and SERVICE 7
EDUCATION SERVICE
ARTICLE XXIII eSPED.COM
eSped.com software is available for use in Texas through exclusive agreement between eSped.com
and the Education Service Center. This application is a Web-based product that requires only an
Internet connection using Internet Explorer 5.5 or above and Adobe Acrobat Reader 5.0.
eSped.com is cooperated and licensed for use by a specific district and it's designated personnel. Use
is maintained through extensive security and assigned rights. Included within this Service
Agreement is a copy of the eSped ONLINE SYSTEM ACCESS AGREEMENT. Signing this MIS
Service Agreement signifies agreement to the eSped ONLINE Agreement.
This online application provides a district with virtually everything needed to maintain records for
their special populations students. Additionally, Clients can download static data to an Access
Database for the purpose of writing reports using either Access or another Report Writer.
A process is in place to upload demographic data from the district's Student Information System to
eSped.com if the District's SIS can produce the record format required.
A district must license all special needs students with this licensing agreement.
HARDWARE REQUIREMENTS
Minimum hardware requirements include:
PC MAC
Operating System: Windows 98, 2000, Operating System: 8.1 or later
Windows NT 4 (with Service Pack 5), or XP
Intel Pentium processor (Pentium III Power Macintosh Processor (G3 or higher
recommended) recommended)
Memory: 128 MR of RAM Memory: 64 MB of RAM
'/z GB of available hard disk space % GB disk space available
56K Internet Connection 56K Internet Connection
Internet Explorer 5.5 Internet 5.0 (use defaults and see settings)
Adobe Acrobat Reader 5.0 Adobe Acrobat Reader 5.0
Medium font size display Medium font size display
RSCCC/WINSCHOOL 0607 41
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXIV eSPED.COM PRICE LIST _J
eSPED.COM LICENSE FEE
One Time Fees for each District:
Initial Set up Costs and Data Conversion Fee:
Districts with more than 100 students*:
• Initial set-up fee per school district $1,500.00
• Data conversion biographic and demographic
data fields. Services are subject to the terms and
conditions of a separate data conversion services
agreement. $1.00/stu or $1,000.00
(Whichever is larger)
Districts with 51 to 100 students*:
• Initial set-up per school district $ 500.00
• Conversion of biographic and demographic
data fields. S 250.00
Districts with up to 50 students*:
• Initial set-up per school district $ 250.00
• Data conversion biographic and demographic
data fields. $ 100.00
• eSped Export $1,000.00
• Number of students is determined by the Fall PEIMS count of Special Education students
for the prior year.
RSCCC/WINSCHOOL 0607 42
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and U PPORT SERVICE A 7
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXIV eSPED.COM PRICE LIST (Continued)
Annual Licensing Fees:
Package Options:
Platinum Package Gold. Package Silver Package Bronze Package Pewter Package
Basic WebIEP Basic WebIEP Basic WebIEP Basic WebIEP Basic WebIEP
TEKS alignment TEKS alignment Access download Access download TEKS alignment
Access download Access download FAX System FAX System FAX System
FAX System FAX System SIS integration
SIS integration
COST - S22/stu COST - S20/stu COST - $20/stu COST - S18/stu COST - S18/stu
Medicaid Billing System * approx. 10 % gross billed
Training (For first time users) S 50 per person
* Client may elect to use these systems.
This process allows the client to download its static data to an Access database for the
purpose of writing special reports in Access or other Report Writer.
Additional Fees for 0 t�tional Serv>cces:
Districts may purchase manuals of the Goals and Objectives included in eSped for a fee. Each
Manual is $275. A district must initially purchase a minimum number of manuals equal to the
number of campuses in the district. A district may purchase more copies.
$275 X (# campuses in the district***)= $
Alternative campuses may be excluded from this calculation.
RSCCC/WINSCHOOL 0607 43
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and U SERVICE T 7
SERVICE EDUCATION
ARTICLE XXV eSPED.COM COMMITMENT FOR SERVICES
eSPED.COM
District Name District Coordinator
# of Students Telephone Number Extension Number
eSped.com Annual License Fee
Initial set-up fee per school district (one time fee-first year o @)
Use Correct Table on Page 42 $
Data conversion (one time fee) # of students @ $ 1 each or
$ 1000 (whichever is greater) or use
Correct Table on Page 42 $
eSped export fee per school district (one time fee-first year only) $ 1,000.00 $
Platinum Package #of students @ $ 22 each $
Gold Package # of students @ $ 20 each$
Silver Package # of students @ $ 20 each$
Bronze Package # of students @ $ 18 each$
Pewter Package # of students @ $ 18 each$
Medicaid Billing System (approximately 10% of services billed) $
Training #of trainers @ $ 50 each $
Goals & Objectives/TEKS Manuals # of campuses @ $ 275 each $
TOTAL eSPED.COM FEES $
Transfer this Total eSped.com Commitment amount to Page 56.
Retain the original PDF document for your records.
Return a copy of the completed PDF document by May 24,2006 to. dbatV(&,esc11.net of mail to the
address on page 57.
RSCCC/WINSCHOOL 0607 44
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and U SERVICE 2006-2007
EDUCATION V C
ARTICLE XXVI eSPED ONLINE SYSTEM ACCESS AGREEMENT
THIS AGREEMENT(the"Agreement")is entered into between eSped.com,Inc.,with offices at 8A Industrial Way.Salem,NH
03079("eSped")and School District contracting with Region XI Education Service Center("Customer")on the following terms and
conditions:
1. Agreement.
(a) Generally. This Agreement governs Customer's relationship with eSped as well as its(and its Authorized User's)use of
eSped.eom's Online Services.The Agreement is comprised of the provisions that follow and any additional or different terms that
may from time to time be implemented under Subsection(b)("Changes to Agreement")by eSped.
(b) Changes to Agreement. eSped may change or add provisions to this Agreement from time to time in its sole discretion by
publishing a notice in the Online Services.All changes are effective upon publication. Customer's continued use of Online Services
after the effective date of any amendment to this Agreement will constitute Customer's acceptance of the amendment.If Customer
does not agree with a proposed change.Customer may exercise Customer's termination rights under Section 10("Term&
Termination").
2. Online Services.
(a) Generally. eSped will make available to Customer certain application services listed in Schedule A("Price and Term for
Online Services"). Customer may also purchase additional services from eSped upon mutual agreement of the parties and which shall
be set forth on separate schedules and attached hereto from time to time. For purposes of this Agreement,all features,access
privileges,application services,including all optional or enhanced services,and any additional services purchased by the Customer
and set forth on schedules attached hereto from time to time,shall be collectively referred to as Online Services("Online Services").
eSped may in its sole discretion upgrade,change,add,suspend or discontinue any Online Service(s)at any time.
(b) Third Party Interaction. Customer and its Authorized User's may enter into correspondence with,purchase goods and/or
services from,or participate in promotions of third party advertisers or sponsors showing their good and/or services through Online
Services.Any such activity,and any terms.conditions,warranties or representations associated with such activity,is solely between
Customer,its Authorized Users and the applicable third party. eSped is not a party to any transaction between Customer and any third
party selling goods and/or services through the Online Services. Sped shall have no liability,obligation or responsibility for any such
correspondence,purchase or promotion between Customer,its Authorized Users and any such third party.ESPED DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES CUSTOMER PURCHASES OR OBTAINS
FROM THIRD PARTY SUPPLIES. CUSTOMER AGREES TO LOOK SOLELY TO THIRD PARTY SUPPLIERS FOR ALL
CLAIMS REGARDING SUCH GOODS OR SERVICES.
3. Access to Online Services.
(a) Remote Access Software. Customer may access Online Services through any third party software that meets the compatibility
requirements from time to time published by eSped. Customer assumes all risk for ensuring the ongoing compatibility of third party
software with the Online Services.
(b) Remote Access Equipment. Customer is responsible at Customer's own expense to obtain,install,configure and maintain
equipment to access and use the Online Services. Customer assumes all risk for ensuring the ongoing compatibility of remote access
equipment with the Online Services.
(c) Telecommunications. Customer may access the Online Services through the Internet. Customer is solely responsible for the
cost,installation,performance, integrity,maintenance,and integration of its internet connection.
(d) Customer Support. Education Service Center,Region XI shall provide Customer with technical support for Online Services
RSCCC/WINSCHOOL 0607 45
MANAGEMENT
SOFTWARE and U SERVICE A 7
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVI eSPED ONLINE SYSTEM ACCESS AGREEMENT (Continued)
4. Use of Online Services.
(a) Authorized Users. Customer agrees Online Services will be used only by Customer's own employees and agents(Authorized
Users)for the beneficial purposes described in section 4(b)("Permitted Uses").To apply for a user account,Authorized Users must
complete the registration process by providing eSped with current,complete,and accurate information as prompted by the registration
form. Further,Customer certifies that to the best of its knowledge and belie£ information provided by its Authorized Users during
registration for an Online Services Account shall be accurate,current and complete.During registration,Authorized Users must enter
a valid electronic mail address,which shall function as their Login ID. A secret password for obtaining access to the Online Services
through each Authorized User's account will be assigned by eSped or chosen by the Authorized User. It is the Authorized User's
responsibility to safeguard and protect his or her password from disclosure or use by others. Authorized User will promptly change
his or her password and Customer will immediately notify eSped if Authorized User or Customer has reason to believe any of
Customer's Authorized Users'accounts are being accessed or used by others. Authorized Users'accounts cannot be"shared"or used
by more than one individual. Customer agrees to maintain a single user account for each of its Authorized Users. Customer and its
Authorized Users are solely responsible for any and all activities that occur under Authorized Users'account and for ensuring that
Authorized Users properly exit or log off from their accounts at the end of each session of use. eSped is not responsible for any,
unauthorized access to,or alteration of Customer's or its Authorized Users'transmissions or Data.
(b) Permitted Uses. Subject to timely payment of applicable Service Fee,Customer is granted during the Term of this Agreement
a non-exclusive,nontransferable, limited license to access and make permitted use of the Online Services. For purposes of this
Agreement,permitted use("Permitted Use")means to execute Remote Access Software supplied by Customer(or available System
Commands),to display information derived from the Online Services on Customer's computer or terminal screen,to download and
store in nonvolatile memory insubstantial parts of such information in machine readable form indefinitely,and to print a reasonable
number of copies of such information.In addition,Customer may download,store.load and execute on Customer's Remote Access
Equipment any JAVA applets or similar client-side routines made available by eSped for such purpose.
(e) Prohibited Uses. Except as authorized under Subsection(b)("Permitted Uses"),Customer may not display,copy,download_
store,reproduce,transmit,distribute,resell or otherwise commercially exploit any part of the Online Services,including any data or
information derived from the Online Services,in any format or through any technology or media now existing or hereafter developed.
Customer is specifically prohibited from disseminating any part of the Online Services,data or information in a manner that
potentially would usurp the market for the Online Services, including transmittal of copyrighted material from the Online Services
without the owner's express authorization and the prior written consent of eSped.
(d) User Conduct. Customer and its Authorized Users agree to abide by all applicable local,state,national,and foreign laws,
treaties and regulations in connection with Customer and its Authorized Users'use of the Online Services. In addition,Customer
certifies its Authorized Users shall not,without limitation,use Online Services or information from Online Services to:(i)harvest,
collect,gather or assemble information or data regarding other users,including e-mail addresses,without their consent;(ii)transmit
through or post on the Online Services unlawful,immoral,libelous,abusive,harassing,tortuous,defamatory,threatening,harmful,
invasive,vulgar,obscene or otherwise objectionable material of any kind or nature which is harmful to minors in any way;(iii)
transmit through or post to the Online Services any material that may infringe the intellectual property rights or other proprietary
rights of third parties,including trademark,copyright or right of publicity;(iv)transmit any material that contains software viruses or
other harmful or deleterious computer code,files or programs such as trojan horses,worms,time bombs or cancelbots;(v)interfere
with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Online Services or
violate the regulations,policies or procedures of such networks;(vii)attempt to gain unauthorized access to the Online Services,other
accounts,computer systems or networks connected to the Online Services,or(viii)harass or interfere with another Customer's use
and enjoyment of the Online Services.
(e) No Assignment. Customer agrees to use Online Services strictly in support of Customer's internal operations and to process
Customer's own data. Customer may not assign,transfer,sublicense,rent,lease or loan any of Customer's rights,nor delegate any of
Customer's obligations under this Agreement and any attempt to the contrary shall be void and a material breach of this Agreement.
RSCCC/WINSCHOOL 0607 46
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE 2006-2007
EDUCATION
ARTICLE XXVI eSPED ONLINE SYSTEM ACCESS AGREEMENT (Continued)
(f) Certain Law-Related Features. Customer may use certain law-related features in the Online Services for general reference only
and subject to the following conditions. None of the Online Services,including communications Customer may have with the eSped
will establish an attorney-client relationship or constitute specific"legal advice"unless expressly agreed in writing by both parties to
the relationship.Customer will not claim detrimental reliance on any information obtained from the Online Services but instead will
independently verify through outside sources the accuracy,completeness and fitness of all such information.
5. Price&Pa>>ment.
(a) Application Service Fees. eSped shall provide Customer with Online Services in consideration for the"Service Fee'set forth
in Schedule A("Price and Term for Application Services").Customer's most recent December 1 report,.which Customer agrees to
provide to eSped,will be used as the basis for calculating the annual Service Fee throughout the contract term.eSped shall bill
Customer annually in advance of the Term also outlined in Schedule A.Customer agrees to pay all Service Fee adjustments,billed
monthly,for additional usage.Customer also agrees to maintain all records necessary to accurately calculate Service Fees and
adjustments,including its December 1 Report,and to make such records and reports available to eSped for review and verification.
(b) Payment&Late Charges. Customer agrees to pay all charges set forth in Schedule A as well as any adjustments invoiced for
additional usage.All charges for Online Services(including any Third Party Supplier charges)shall be invoiced and due prior to the
first day of the Term. Customer will pay all sales,use,value-added,personal property or other governmental tax or levy imposed on
the goods or services provided to Customer(including interest and penalties imposed thereon)other than taxes based on the net
income or profits of eSped. If Customer fails to pay any amount when due,then this Agreement(including any license to software)
may,at eSped's option,be suspended or terminated. Customer agrees to pay all costs of enforcement,including reasonable legal fees.
6. Certain Proprietary Rights.
(a) Confidential Information Ownership. Customer acknowledges and agrees that all right title and interest in and to the Online
Services and the features provided therein are the exclusive property of eSped or other owner designated in the Online Services and
that the Online Services constitute the confidential and proprietary information of eSped or such other designated owner. Customer
will at all times use due diligence to safeguard and protect all such confidential and proprietary information.
(b) Account Information and Data Rights. eSped does not own any student specific biographic or demographic data, information
or material that Customer or its Authorized Users submit to the Online Services("Data").eSped will NOT monitor,edit or willfully
disclose any Data except as may be required by law,eSped may access Customer accounts,including its Data,to respond to service or
technical problems.Customer is solely responsible for the accuracy,completeness,quality,integrity,legality,reliability,and copyright
of such Data,and eSped shall not be responsible or liable for the deletion,correction,loss or failure to store Data. eSped reserves the
right to withhold,remove and/or discard Data without notice for any breach of this Agreement by Customer,including,without
limitation,non-payment.
(c) Copyrights. Customer agrees that all right,title and interest(including all copyrights and other intellectual property rights)in
the Online Services belong exclusively to eSped or other owner designated in the Online Services.Customer grants eSped and its
users a royalty free,perpetual,irrevocable,non-exclusive license to use,copy,modify,prepare derivative works of and redistribute
any suggestions,ideas,feedback,recommendations or other information.including learning goals and objectives,(in whole or in part)
submitted by Customer and its Authorized Users to the Online Services("Submissions')on a world-wide basis through technologies
now existing or hereafter developed.eSped retains exclusive ownership of all "compilation"and"collective work"copyrights in the
selection,coordination and arrangement of such Submissions as a whole.
(d) Certain Trade Secrets. The Online Services are provided to Customer in machine readable form. Customer agrees not to
disassemble,decompile or reverse engineer any of the Online Services features.Customer also agrees that any information obtained in
violation of this restriction will be confidential and information automatically and irrevocably deemed assigned to and owned
exclusively by the owner of the original feature. Customer will at all times use due diligence to safeguard and protect all such
confidential and proprietary information.
RSCCC/WINSCHOOL 0607 47
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and V C 2006-2007
EDUCATION C
ARTICLE XXVI eSPED ONLINE SYSTEM ACCESS AGREEMENT (Continued)
(e) Identifying Marks. Customer will ensure that all marks,notices or legends pertaining to the origin,identity or ownership of
the Online Services and any data,information or other content obtained from such Online Services remain intact and clearly legible.
(f) Confidentiality. eSped will use commercially reasonable efforts to maintain the confidentiality of any student record
information provided by Customer on the Online Services and will only disclose such student record information to those of its
employees,consultants or agents who have a need to know such information in order to perform eSped's duties hereunder.
7. Force Maieure. eSped is excused from any failure or delay in performance of responsibilities otherwise imposed by this
Agreement for any cause beyond its reasonable control.Such causes include,without limitation,fires,floods,storms,earthquakes,
civil disturbances,disruption of telecommunications,transportation,utilities or necessary supplies,governmental action,computer
viruses and incompatible or defective equipment,software or services not supplied by eSped. Nothing herein enlarges any warranty
or diminishes any disclaimer provided in Section 8("Warranties").
8. Warranties. The following provisions are subject to Section 9("Limitation of Remedies&Liabilities").
(a) Noninfringement Warranty.
(i) eSped Content. eSped warrants to the best of its knowledge and belief that it has the rights needed to enter into this
Agreement and that Permitted Uses by Customer of features in the Online Services created by eSped('eSped Content")will not
infringe or misappropriate any United States copyright,trademark,patent,or the trade secrets of any third persons. If promptly
notified of any claim to the contrary,eSped shall(i)defend through litigation or obtain through negotiation Customer's right to
continue using the eSped Content:(ii)rework the eSped Content to make it noninfringing,or(iii)replace the eSped Content with
functionally equivalent content.
(ii) User Content. Customer warrants that any Authorized User Content('Authorized User Content")uploaded by Customer to
the Online Services will not infringe or misappropriate any copyright,trademark,patent,or the trade secrets of any third persons,or
otherwise violate this Agreement or any applicable law.Customer will defend,indemnify and hold eSped harmless from all liability
and expense(including attorney fees)arising from any claim to the contrary and from any breach by Customer of the provisions of
this Agreement regulating Authorized User Content.Customer also agrees to have all Authorized User Content contributed through
Customer's account screened for software viruses and will use due diligence to remove any viruses capable of being detected with
commercially available detection programs.
(iii) Security. eSped warrants that it will utilize such electronic systems as it deems appropriate or necessary in order to maintain
the confidentiality and security of the student record information submitted by Customer.which systems may include commercially
available firewall and/or encryption programs. eSped does not warrant that these security measures will be 100%effective or error-
free.
(b ) Third Party Content. eSped is a distributor(and not a publisher)of any features,contributions or content supplied by third
party vendors and available to Authorized Users of the Online Services. It has no more editorial control over such content than does a
public library,book store,or newsstand.As such,eSped is not responsible for screening,policing,editing,or monitoring such content.
If notified of allegedly infringing,defamatory,damaging,illegal or offensive material,eSped may investigate the allegation and
determine in good faith and in its sole discretion whether to remove or request the removal of such material from the Online Services.
If eSped elects to perform(or not to perform)any such activities,it shall be held harmless from all claims as long as it acts in good
faith.
(c) Disclaimer.Except as provided in this Section,Customer agrees that the Online Services are provided strictly on an "as is"
and"as available"basis without any express or implied warranty,guarantee or other assurance of quality,conformity with
specifications,reliability or functionality.Customer accepts all risk concerning suitability,use,performance or nonperformance of the
Online Services.ESPED MAKES NO REPRESENTATION,WARRANTY OR GUARANTEE AS TO THE RELIABILITY,
TIMLINESS,QUALITY, SUITABILITY,AVAILABILITY,ACCURACY OR COMPLETENESS OF THE ONLINE SERVICES
OR ANY CONTENT INCLUDED THEREIN.ESPED DOES NOT REPRESENT OR WARRANT THAT:(I)THE USE OF THE
ONLINE SERVICES WILL BE U'NINTERRUP`FED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY
HARDWARE, SOFTWARE,SYSTEM OR DATA:(11)THE ONLINE SERVICES OR I HE QUALITY OF ANY PRODUCTS,
SERVICES,INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER OR ITS AUTHORIZED
USERS THROUGH THE ONLINE SERVICES WILL MEET ITS REQUIREMENTS OR
RSCCC/WINSCHOOL 0607 48
MANAGEMENT INFORMATION SYS E
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVI eSPED ONLINE SYSTEM ACCESS AGREEMENT (ContinLled
EXPECTATIONS;(III)ANY DATA STORED WILL BE ACCURATE,COMPLETE OR RELIABLE;(IV)THE ONLINE
SERVICES OR THE SERVER(S)THAT MAKE THE ONLINE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ESPED MAKES NO REPRESENTATION. WARRANTY,EXPRESS OR IMPLIED.AND
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL IMPLIED WARRANTIES OF
MERCHANTABILITY,TITLE,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO
THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC
LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS,WHICH VARY FROM STATE TO STATE.
9. Limitation of Remedies&Liabilities. The following provisions are a material condition of this Agreement and reflect a fair
allocation of risk:
(a) Remedies. Customer agrees that if the eSped violates any warranty or other provision of this Agreement,and eSped
determines that repair or other corrective action is not economically or technically feasible,Customer's sole and exclusive remedy will
be to obtain a refund,prorated based on the Term of this Agreement as provided in Schedule A,of amounts paid for Online Services
by Customer during the previous twelve(12)months.Customer also agrees that legal remedies alone provide inadequate protection of
intellectual property rights described in Section 6("Certain Proprietary Rights")and that,in addition to other relief;eSped or other
owner may go to court and without necessity of posting bond obtain temporary and permanent injunctions to enforce those rights.
Customer will defend,indemnify and hold eSped harmless from all claims and expenses(including reasonable legal fees)arising from
any violation by Customer of this Agreement or applicable law.
(b) Liabilities. ESPED IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID AND/OR DUE FROM
CUSTOMER FOR ONLINE SERVICES IN THE TWELVE(12)MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO ANY CLAIM.IN NO EVENT SHALL ESPED BE LIABLE,WHETHER IN CONTRACT,TORT(INCLUDING
NEGLIGENCE)OR OTHERWISE,FOR ANY INDIRECT,PUNITIVE,SPECIAL,EXEMPLARY,INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND(INCLUDING LOST SAVINGS,PROFIT,REVENUE,LOST DATA,
BUSINESS INTERRUPTION,USE.OTHER ECONOMIC ADVANTAGE OR ATTORNEYS FEES EVEN IF NOTIFIED IN
ADVANCE OF SUCH POSSIBILITY)INCURRED BY CUSTOMER.OR ARISING OUT OF,OR IN ANY WAY CONNECTED
WITH ONLINE SERVICES,INCLUDING BUT NOT LIMITED TO CUSTOMER'S USE OR INABILITY TO USE THE ONLINE
SERVICES.FOR PURPOSES OF THIS SUBSECTION,"ESPED"INCLUDES ALL THIRD PARTY SUPPLIERS AND ANY
DISTRIBUTOR,PUBLISHER OR RESELLER FROM WHOM CUSTOMER OBTAINED THE ONLINE SERVICES OR OTHER
COMPONENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES,SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER.
10. Term&Termination.
(a) Generally. eSped shall,during the"Term"defined in Schedule A("Price and Term for Application Services"),provide
Customer with Online Services in consideration for the"Service Fee"also set forth in Schedule A.This Agreement shall continue in
full force and effect until terminated by either party upon thirty(30)days written notice.Notwithstanding the foregoing,(i)eSped may
suspend or terminate this Agreement at any time without notice if Customer breaches any provision of it,and(ii)Customer may
terminate this Agreement at any time if Customer does not agree to any amendment published under Section I(b)(°Changes to
Agreement").
(b) Effect of Termination. Termination of this Agreement will terminate Customer's right to access or use the Online Services.
Termination will have no effect on payment of amounts due under Section 5("Price&Payment"),proprietary rights and obligations
under Section 6("Certain Proprietary Rights"),indemnifications or disclaimers under Section 8("Warranties"),limitations under
Section 9('Limitation of Remedies&Liabilities")or continuing assurances made under Section 12("Export Regulations"). Upon
Termination for cause,Customer's right to access or use Data immediately ceases,and eSped shall have no obligation to maintain any
Data stored in Customer's account or to forward any data to Customer or any third party. In the event that Customer terminates this
Agreement for reason other than its breach of this Agreement,eSped shall make available to Customer a file of its Data if Customer so
requests its Data at the time of its notification of termination.
RSCCC/WINSCHOOL 0607 49
MANAGEMENT INFORMATION SYSTEMS
E and SUPPORT VC A 7
EDUCATION SERVICE
ARTICLE VI eSPED ONLINE SYSTEM ACCESS AGREEMENT (Continued
11, Disputes.Choice of Law. Except actions for certain injunctive relief authorized under Section 9("Limitation of Remedies&
Liabilities"),which may be brought in a court of competent jurisdiction at any time,the parties agree that all disputes shall be
submitted to a single arbitrator for nonbinding arbitration under proceedings conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association.The award of the arbitrator shall be limited to remedies otherwise available
in court and shall include a written explanation of the decision.If the parties are still unable to reconcile their differences after the
arbitrator issues its award,the dispute then may be taken to court by either party. THIS AGREEMENT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW
HAMPSHIRE,AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF
COMPETENT JURISDICTION IN SUCH DESIGNATED STATE. ANY ACTION OR OTHER PROCEEDING BY CUSTOMER
SHALL BE INITIATED WITHIN ONE(1)YEAR AFTER THE CAUSE OF ACTION AROSE,OR BE BARRED.
12. Export Regulations.
(a) Export Control. eSped's Online Services rely on software and technology that may be subject to United States export controls
administered by the U.S. Department of Commerce,the United States Department of Treasury Office of Foreign Assets Control,and
other U.S.agencies and the export control regulations of the European Union. Customer acknowledges and agrees that Online
Services shall not be used,and none of the underlying information,software or technology may be transferred or otherwise exported
or re-exported to Afghanistan,Burma,Cuba,Iraq,Iran,Libya,Sudan or any other countries to which the United States and/or the
European Union maintains an embargo(collectively,"Embargoed Countries''),or to or by a national or resident thereof,or any person
or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's table of
Denial Orders(collectively,"Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to
change without notice. By using the Online Services,Customer agrees to comply strictly with all U.S.and European Union export
taws and assumes sole responsibility for first obtaining licenses to export or re-export as may be required. This provision and the
assurances made herein shall survive termination of this Agreement.
(b) International Use. Online Services may use encryption technology that is subject to the licensing requirements under the U.S.
Export Administration regulations, 15 C.F.R.Parts 730-774 and Council Regulation(EC)No. 1334/2000. eSped makes no
representation that the Online Services is appropriate or available for use outside the United States.Customer is solely responsible for
compliance with all applicable laws for use of Online Services outside the United States, including export or import regulations of
other countries.
13. Miscellaneous. This Agreement constitutes the entire and exclusive agreement between the parties with respect to this subject
matter and supersedes all other communications,whether written or oral. This Agreement may be amended as provided in Section
1(b)("Changes to Agreement"). Any other amendment shall require a writing signed by eSped,regardless of any course of conductor
trade practice between the parties.This document and Customer's signature in electronic form,or a hardcopy duplicate in good form.
shall be considered an original document with authenticated signature admissible into evidence unless the document's authenticity is
genuinely placed in question.Customer may issue a purchase order for administrative convenience..but it will have no substantive
effect on the terms or conditions of this Agreement. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or
unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force
and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for
reference purposes only and have no substantive effect.
Signing this MIS Service Agreement constitutes agreement to the provisions of the eSped
Online Access Agreement.
RSCCC/WINSCHOOL 0607 50
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVII STUDENT SYSTEMS RESPONSIBILITIES FOR SUPPORT
DUTIES OF EDUCATION SERVICE CENTER
• Provide hands-on training with first-year installation of Win School, Open District,
K12PIanet, HealthOffice 2000 Enterprise, and eSped.com.
• Assist with the initial installation of all Student Systems software on School
District's computer(s).
• Assist with all possible data file conversion from previous software vendor.
• Provide on-site visits as needed with the initial software installation.
• Provide telephone consultation at any time.
• Provide additional training sessions, if requested, at the price described in Pricing
List, Article XIV.
• Provide walk-in or on-site visits.
• Provide a copy of all software updates with instructions for installation.
• Provide a copy of documentation to accompany software.
• Maintain a backup of all software.
• Provide a backup processing site if School District experiences extended downtime
or loss of hardware.
• Ensure that MIS Student Systems are in full compliance with TEA requirements
at all times.
DUTIES OF SCHOOL DISTRICT
• Provide and maintain all hardware necessary to run Win School, K12PIanet, Open
District, HealthOffice 2000 Enterprise and/or eSped.com software.
• Perform all data entry necessary to establish data files and operate the systems
on a routine basis.
• Procure all necessary paper stock and other supplies.
• Perform, maintain, and verify all file backups
• Allow staff to attend all trainine, sessions provided by Education Service Center.
• Allow staff to attend all scheduled meetings at Education Service Center
concerning updates and enhancements to student systems.
• Each School District shall designate a person to function as District Coordinator.
• Each Campus shall designate person(s) to function as Campus Coordinator(s).
• Maintain the integrity of the software by not altering or transferring to other sites.
• Maintain copies of all software releases and updates.
RSCCC f WINSCHOOL 0607 51
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVIII NOVELL OR NT/2000 NETWORK SUPPORT
The network servers and workstations supported in this agreement are restricted to those components
listed in Articles VI, XIV, XX, and XXIII. This initiative, in conjunction with the RSCCC Business
Systems, Win School student software, Healthmaster and eSped create a well-balanced support
package for district campuses. This combination of services insures proper operation of RSCCC,
Win School, Open District, Healthmaster, eSped and eClass products on district servers and
workstations.
TRAINING
Novell and NT workshops offered by MIS at the Education Service Center will focus on the needs of
the schools using the Network Service Agreement. An initial orientation to the network and server
will be performed at the school site. The initial orientation is NOT intended to replace formal
workshop training, but will help the school staff member manage the network and perform very
basic procedures on the server. Certified Novell courses and Windows NT workshops are offered
regularly through the ESC Region XI Technology Department.
NETWORK SUPPORT TO NOVELL AND NT NETWORK SERVERS
The MIS department will provide network support to the district's Novell and NT networks under
agreement (per server basis). Up to 5 incidents are allowed (see incidents below). A site survey will
be conducted and serial numbers will be recorded for all servers under this agreement.
FIVE INCIDENTS FOR ON-SITE TECHNICAL SUPPORT
An incident is the resolution of a specific problem regardless of the number of visits needed to solve
the problem.
When the district requests assistance requiring an on-site visit, an incident will be opened and
assigned a number. This incident will be tracked and documented throughout the process. Upon
resolution of the problem, the district/campus will be provided documentation describing the
problem and the resolution. Upon mutual agreement, the document will be signed indicating closure
to this incident. The district/campus will be allowed 5 incidents during this agreement. Additional
on-site visits will be charged at a rate of $60 per hour, with a minimum of $120 and maximum of
$300 per day.
RSCCC/WINSCHOOL 0607 52
MANAGEMENT INFORMATION
SOFTWARE and SUPPORT SERVICE AGREEMENT 7
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVIII NOVELL OR NT/2000 NETWORK SUPPORT (Continued)
UNLIMITED TELEPHONE AND E-MAIL SUPPORT
MIS will provide unlimited telephone and e-mail support for RSCCC Business Systems, Win
School, and Healthmaster networks and workstations. Each call will be documented and entered
into a log for future access.
INSTALLATION AND UPGRADES OF NOVELL OR NT NETWORK
OPERATING SYSTEM
MIS will install, configure, and upgrade the supported Novell or NT operating systems on RSCCC
Business Systems, Win School and Healthmaster servers. All electrical outlets and the network
infrastructure (cabling, etc.) must be in place prior to the installation.
INSTALLATION OF SOFTWARE
Application software will be installed on all RSCCC, Win School and Healthmaster network servers,
providing the software is networkable, the district/campus has a license for the software, and it is
available during the initial set-up of the server. Software that needs to be installed after the initial
installation or on existing servers requires the use of an incident (described above). District/campus
must notify David Sons at (817) 740-7506 of any software installations or changes to the server
covered under this agreement. The agreement does not include the installation of application
software on individual workstations.
TROUBLESHOOTING OF NETWORK PROBLEMS
MIS will attempt to resolve the problem on the telephone with the contact person. If the problem is
not resolved over the phone, MIS will dial into the network system, via the district-installed line, and
attempt to resolve the problem through remote dial-up connection. Finally, if the problem is not
resolved, an incident will be opened and MIS will go on-site to resolve the problem.
RSCCC!WINSCNOOL 0607 53
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXVIII NOVELL OR NT/2000 NETWORK SUPPORT (Continued)
REQUIREMENTS FOR DISTRICTS TO QUALIFY FOR NETWORK SUPPORT
• Battery backup installed on servers
• Tape backup installed in network and set for nightly backup
• Modem installed in network and PC Anywhere 32 for remote support
• NetWare 5.x/6.x or Windows NT/2000
• Windows 98/2000/XP or NT Workstation
• Designated site contact (network manager)
• Cabling system must be inspected and accepted by MIS
SERVICES COVERED
• Five incident calls
a. An incident is defined as a problem which may not be solved by phone or modem and
may require one or more trips to the site to resolve
b. Districts with a service agreement on more than one server may combine incident
calls district-wide
c. Additional on-site visits @ $60 per hour, upon request, with a minimum of$120 and
maximum of$3)00 per day
• Labor on server repairs only (parts must be purchased by district)
• Installation and troubleshooting of peripheral devices which attach to or complement the
functionality of the RSCCC and Win School software
• Workstation network client software
• Network printing and printer configuration associated with the RSCCC and Win School
software
• Installation and upgrading the network operating system
SERVICES NOT COVERED
• Workstation hardware repair
• Software installed on local hard drives, except RSCCC, Win School, and Network client
software
• Network products other than Novell or NT, unless authorized by ESC Region XI MIS
Technical Support Group
• Printer repair
• Network cable repair
• Support for non-RSCCC and Win School software packages beyond installation
RSCCC I WINSCHOOL 0607 54
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE 2006-2007
EDUCATION C CENTER
ARTICLE XXIX NOVELL OR NT/2000 NETWORK SUPPORT PRICE LIST
Novell or NT/2000 Network Support
Annual Server Support Fee
New File Servers S 2000 each
File Server Renewals S 1000 each
ARTICLE XXX NOVELL OR NT/2000 NETWORK SUPPORT COMMITMENT FOR SERVICES
NOVELL OR NT/2000 NETWORK SUPPORT
New File Server # sites @ $ 2000 each $
File Server Renewal # sites C $ 1000 each $
TOTAL NETWORK SUPPORT S
Transfer this Total Novell or NT/2000 Network Support Commitment amount to Page 56.
List each site separately.
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Network Site Administrator Phone
Duplicate this page if you require additional sites®
Retain the original PDF document for your records.
Return a copy of the completed PIIF document by May 24,2006 to: dbat-yrwescll.net or snail to the
address on page 57.
RSCCC/WINSCHOOL 0607 55
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXXI COMMITMENT FOR SERVICES
Total RSCCC Business Commitment (page 15) $
Total RSCCC PEI MS System Commitment (page 17) $
Total Win School Regular Site Commitment (page 3 1) $ 2- 0
Total in School Alternative Site Commit (page 32) S
Total Win School Special Site-1 Commit (page 33) $
Total in School Special Site-11 Commit (page 34) $
Total Win School Retraining Commitment (page 35) $
in School K12Planet Commitment (page -3)8) $
Health Office 2000 Enterprise Commitment (page 40)
eSped.com Commitment (page 44)
Total Network Support (page 55)
Total District Commitment Cc
Enter the Total District Commitment amount on page 57.
Retain the original PDF document for your records.
Return a copy of the completed PDF document by May 24,2006 to: dbalykescil.netor mail to the
address on page 57.
RSCCC/WINSCHOOL 0607 56
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2006-2007
EDUCATION SERVICE CENTER REGION XI
ARTICLE XXXII AUTHORIZATION FOR SERVICES
School District has approved the use of the
specified MIS Software Systems for the 2006-2007 school year. The district agrees to pay for
the contracted services as indicated in this service agreement for the total amount of
I ," .......
Superintendent ot Schools
I
Date
THIS AGREEMENT IS ACCEPTED BY EDUCATION SERVICE CENTER REGION XI AS
INDICATED ABOVE.
Executive Director
Education Service Center Region XI
Date
Education Service Center will return a copy of this page to the School District.
Retain the original PDF document for your records.
*Please do not send payment with this document. All invoices will be mailed by
September 15,2006.
Return a copy of the completed PDF document by May 24,2006 to: dba1ygesc I J.net
FAX this page after the Superintendent has signed it to: Attn: Darrell Baty at(817)-740-3643
OR mail the entire document to Darrell Baty.
MIS Mail address: MIS Department
Education Service Center Region XI
3001 North Freeway
Fort Worth,Texas 76106
RSCCC/WINSCHOOL 0607 57