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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