01-12-09 Trustees Meeting PacketThe Regular Meeting of the Westlake Academy Board of Trustees will begin immediately
following the conclusion of the Town Council Workshop, but not prior to the
6:00 p.m. posted start time.
WESTLAKE ACADEMY
Mission / Vision Statement
Westlake Academy is a nurturing, community owned International Baccalaureate Charter
School whose mission is to achieve academic excellence and to develop life-long learners who
become well-balanced, responsible global citizens.
BOARD OF TRUSTEES REGULAR MEETING
A G E N D A
JANUARY 12, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
6:00 P.M.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the
Board on any matter whether or not it is posted on the agenda. The Board cannot by law
take action nor have any discussion or deliberations on any presentation made to the
Board at this time concerning an item not listed on the agenda. Any item presented may
be noticed on a future agenda for deliberation or action.
4. PRESENTATION OF COPIES OF THE BEST OF THE BLACK COW BOOK
TO MEMBERS OF THE BOARD OF TRUSTEES.
Westlake Academy Board of Trustees Page 2 of 3
Regular Meeting Agenda
January 12, 2009
5. CONSENT AGENDA: All items listed below are considered routine by the Board of
Trustees and will be enacted with one motion. There will be no separate discussion of
items unless a Board member or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
a. Review and approve minutes of the School Board of Trustees regular meeting held
on December 8, 2009.
6. CONSIDER A RESOLUTION AUTHORIZING THE CEO OF WESTLAKE
ACADEMY TO ENTER INTO A CONTRACT WITH THE REGION XI
EDUCATION SERVICE CENTER TO PURCHASE A NEW SOFTWARE
PROGRAM FOR STUDENT ATTENDANCE AND ACCOUNTING FOR THE
2009-10 SCHOOL YEAR.
7. CONSIDER A RESOLUTION AUTHORIZING THE 2009-2010 SCHOOL
CALENDAR AND APPROVING REQUEST FOR STATE WAIVER.
8. CONSIDER A RESOLUTION ADOPTING A FORMAL GRADING SYSTEM
FOR WESTLAKE ACADEMY AND APPROVING THE INCLUSION OF A
LETTER OF EXPLANATION IN THE REPORT CARD ENVELOPES.
9. CONSIDER A RESOLUTION ADOPTING A POLICY REGARDING THE
WRITING, AMENDING AND DISTRIBUTION OF THE PARENT/STUDENT
HANDBOOK.
10. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or
Board meeting, under “Future Agenda Item Requests”, an agenda item for a future
Board meeting. The Board member making the request will contact the CEO with the
requested item and the CEO will list it on the agenda. At the meeting, the requesting
Board member will explain the item, the need for Board discussion of the item, the
item’s relationship to the Board’s strategic priorities, and the amount of estimated staff
time necessary to prepare for Board discussion. If the requesting Board member
receives a second, the CEO will place the item on the Board agenda calendar allowing
for adequate time for staff preparation on the agenda item.
- None.
11. BOARD CALENDAR.
- None.
12. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
Westlake Academy Board of Trustees Page 3 of 3
Regular Meeting Agenda
January 12, 2009
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, on Friday,
January 9, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
Westlake
Academy
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
Westlake
Academy
Item # 3 – Citizens’
Presentations
This is an opportunity for
citizens to address the Board on
any matter whether or not it is
posted on the agenda. The
Board cannot by law take
action nor have any discussion
or deliberations on any
presentation made to the Board
at this time concerning an item
not listed on the agenda. The
Board will receive the
information, ask staff to review
the matter, or an item may be
noticed on a future agenda for
deliberation or action.
Westlake Academy
Memo
To: Honorable President and Members of the Board of Trustees
From: Mark Rosevear, Head of School
Subject: Regular Meeting of January 12, 2009
Date: January 7, 2009
ITEM
Presentation of copies of The Best Of The Black Cow book to members of the Board of
Trustees.
BACKGROUND
The current editor of the Black Cow, Yasya Vasyutynska and other members of the Black
Cow writing staff would like to present copies of the first published Black Cow book.
FUNDING
This action has no impact on the budget.
ATTACHMENTS
None
MINUTES OF THE
WESTLAKE ACADEMY
BOARD OF TRUSTEES REGULAR MEETING
December 8, 2008
PRESENT: President Laura Wheat and Trustees Tim Brittan, Larry Corson, Carol Langdon,
Don Redding, and Rebecca Rollins.
ABSENT: None.
OTHERS PRESENT: Chief Executive Officer Thomas Brymer, Head of School Mark
Rosevear, School Attorney Stan Lowry, Secretary Kim Sutter,
Finance Director Debbie Piper, DPS Director Don Wilson,
Assistant to the Town Manager Ginger Awtry, Administrative
Coordinator Darcy McFarlane, Facilities and Recreation Director
Troy Meyer, and Court Administrator Amanda DeGan.
1. CALL TO ORDER.
President Wheat called the meeting to order at 6:13 p.m.
2. PLEDGE OF ALLEGIANCE.
President Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZENS' PRESENTATIONS.
There was no one present wishing to address the Board.
4. CONSENT AGENDA.
President Wheat introduced the item and asked for a motion.
a. Review and approve minutes of the School Board of Trustees regular meeting held
on November 10, 2008.
b. Review and approve minutes of the School Board of Trustees Strategic Planning
Workshop held on December 1, 2008.
Westlake Academy Board of Trustees Page 2 of 4
Regular Meeting Minutes
December 8, 2008
c. Resolution No. 08-22 - Consider a Resolution authorizing the CEO to enter into a
contract with the Region XI Service Center for Accounting Services.
d. Resolution No. 08-23 - Consider a Resolution authorizing the CEO of the Academy
to enter into a contract with Parker School Uniforms to provide students at Westlake
Academy school uniforms.
MOTION: Trustee Redding made a motion to approve the consent agenda as
presented. Trustee Langdon seconded the motion. The motion carried
by a vote of 5-0.
5. CONSIDER A RESOLUTION APPROVING THE FISCAL YEAR 2007/2008
ANNUAL AUDIT REPORT FROM PATTILLO, BROWN AND HILL, LLP.
Mr. Greg Shropshire, Partner with Pattillo, Brown and Hill, LLP, presented the
Westlake Academy Foundation audit report for FY 2007/2008.
Trustee Corson expressed his appreciation to the volunteers of the Westlake Academy
Foundation for their efforts over the years.
Mr. Shropshire, Pattillo, Brown and Hill, LLP, presented the Westlake Academy audit
report for FY 2007/2008, and presented the SAS 114 letter (Statement on Auditing
Standards.)
MOTION: Trustee Redding made a motion to approve Resolution No. 08-24,
approving the FY 2007-2008 Annual Audit Report. Trustee Langdon
seconded the motion. The motion carried by a vote of 5-0.
6. DISCUSS AND CONSIDER APPROVAL OF THE WESTLAKE ACADEMY
VISION/MISSION STATEMENT AND VALUES STATEMENTS.
CEO Brymer addressed the Board regarding the item and reviewed the proposed
Vision/Mission Statement and Values Statements.
Discussion ensued regarding the Mission/Vision Statements and accompanying Values
identified by the Board. The Board agreed to the following Mission/Vision Statement
and Values:
Mission/Vision Statement
Westlake Academy is a nurturing, community owned International Baccalaureate
Charter School whose mission is to achieve academic excellence and to develop life-
long learners who become well-balanced, responsible global citizens.
Westlake Academy Board of Trustees Page 3 of 4
Regular Meeting Minutes
December 8, 2008
Values
Values
Academic Achievement
PYP, MYP, DP (IB Continuum) (added three programs followed by (IB…)
Caring Environment (affirming changed to caring)
Fiscal Stewardship
Communication/Transparency
Engaged Stakeholders
Maximizing Each Child’s Potential
MOTION: Trustee Rollins made a motion to adopt the Mission/Vision Statement
and Values Statements as presented by CEO Brymer and amended.
Trustee Redding seconded the motion. The motion carried by a vote of 5-
0.
7. CONSIDER A RESOLUTION SETTING THE 2009 BOARD MEETING
SCHEDULE.
Town Secretary Sutter reviewed the 2009 proposed Board meeting calendar.
MOTION: Trustee Brittan made a motion to approve Resolution No. 08-25, setting
the 2009 Board Meeting Schedule with changes. Trustee Corson
seconded the motion. The motion carried by a vote of 5-0.
8. FUTURE AGENDA ITEMS
There were not items submitted for consideration.
9. BOARD CALENDAR.
- None.
10. EXECUTIVE SESSION.
President Wheat recessed the regular session of the Town of Westlake Board of
Trustees meeting at 7:07 p.m., to discuss the following items in executive session:
1. The Board will conduct a closed session pursuant Texas Government Code section
551.071(1) and (2) to (i) seek advice of counsel on legal matters involving pending
or contemplated litigation, settlement offers, or other legal matters not related
directly to litigation or settlement, and (ii) Consultation with attorney on matters in
which the duty of the attorney under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code-Texas Government Code 551.071(2) regarding the following:
A. Westlake Academy Charter document.
Westlake Academy Board of Trustees Page 4 of 4
Regular Meeting Minutes
December 8, 2008
B. Westlake Academy admissions policy.
President Wheat convened the executive session at 7:08 p.m. The executive session
adjourned at 8:11 p.m.
11. ADJOURNMENT.
There being no further business before the Board, President Wheat asked for a motion to
adjourn.
MOTION: Trustee Redding made a motion to adjourn the meeting. Trustee
Langdon seconded the motion. The motion carried by a vote of 5-0.
President Wheat adjourned the meeting at 8:14 p.m.
APPROVED BY THE BOARD OF TRUSTEES ON JANUARY 12, 2009.
_________________________________________
Laura Wheat, President
ATTEST:
___________________________________
Kim Sutter, TRMC, Town Secretary
Westlake Academy
Memo
To: Honorable Mayor and Members of the Board of Trustees
From: Mark Rosevear, Head of School
Subject: Regular Meeting of Board of Trustees, January 12, 2009
Date: January 5, 2009
ITEM
Consider a resolution to allow the CEO of Westlake Academy to enter into a contract
with the Region XI Education Service Center to purchase a new software program for
student attendance and accounting for the 2009-10 school year.
BACKGROUND
Win School, the software that Westlake Academy currently uses for student accounting
and attendance reporting to the Texas Education Agency is being discontinued which will
require the Academy to purchase a new software system license to use in the 2009-10
school year and beyond.
In the past the Region VI Education Service Center (ESC XI) has been the provider of the
contract and support for the Win School system. As this old program is being
discontinued they have adopted the Regional Service Center Computer Cooperative
(RSCCC) system to replace it and have offered this system as a replacement for Win
School.
ESC XI presented the new program to Westlake Academy employees and some of the
strongest selling points are:
- RSCCC software was written specifically for the state of Texas schools
- RSCCC is compatible with PEIMS reporting
- RSCCC is continually updates as TEA reporting requirements change
- RSCCC is supported locally by ESC XI
- RSCCC has been in use in Texas for more than two years and has had all the “kinks”
worked out
- ESC VI will provide full training for all staff members, four on-site visits per year
and unlimited visits to the Service Center and unlimited support by phone
- ESC VI will handle the entire data conversion/transition process from Win School to
RSCCC
- The cost of the RSCCC license is minimal compared to other systems
With RSCCC we will also be adding the on-line attendance function which allows the
teachers to enter their attendance directly into the computer and will reduce the amount of
attendance paperwork required by teachers and office staff.
FUNDING
The estimated cost for implementing the RSCCC system is:
One time installation, set-up and initial training: $2,290.00
Annual license Fee: $3,913.00
On-line Attendance Module: $420.00
Health Module: $375.00
Estimated Total cost for initial year (including setup and training): $6,998.00
The current cost for Win School is:
Annual license Fee: $3900.00
Health Office Module: $750.00
Total annual cost: $4,650.00
RECOMMENDATION
Staff recommends approval
ATTACHMENTS:
RSCCC pricing estimate sheet from Region XI Education Service Center
Resolution 09- 01
2008-09 Sample Contract (2009-10 contracts will not be available until May)
November 6, 2008
Ms. Glenda Davis
Westlake Academy
2600 Ottinger Rd.
Westlake, Texas 76262
Dear Ms. Davis:
The Education Service Center Region XI and Management Information Systems Department are
very excited about Westlake Academys’s interest in the RSCCC Student Accounting Software
Systems. RSCCC Business and Student software applications offer an excellent solution to
schools that wish to have a centralized database and a consolidated student and business system
from the same provider.
Enclosed you will find cost estimates for the student software package. The fees include
software licensing, support, maintenance, software updates and first year startup cost. The
estimates also include on-line attendance, grade book support and a health module which are
optional and the school may choose to use or not to use these features.
Thank you for allowing me to visit with you concerning the above mentioned services.
If you have any questions concerning cost, system implementation or timelines, please contact
me at (817) 740-3609 or dbaty@esc11.net.
Sincerely,
Darrell Baty, Director
Management Information Systems Department
ma
Education Service Center Region XI
Student Services Estimated Cost Summary
for Westlake Academy
2009 – 2010 School Year
RSCCC STUDENT SOFTWARE
First Year Startup Fee Startup Fee Annual Fee Totals
• Installation
1 day on-site
$ 360
• SQL Licenses
Unlimited Users
$ 590
• Training at ESC XI
1 campus @1340 each
$ 1,340
Annual License and Support
• License Fee (Student
Systems)
1 campus
$ 3,913
• On-line classroom
attendance
1 campus
$ 420 *
• Grade Book Support
6 users @ $25.00 each
$ 150 * (Westlake will
not use this
module)
• License Fee (Health
Module)
1 campus
$ 375 *
Totals $ 2,290 $ 4,858 $ 7,148
* Optional Features
Total Estimated Fee (first year) $ 7,148
Total Estimated Startup Fee $ 2,290
Total Estimated Annual Fee $ 4,858
WESTLAKE ACADEMY
RESOLUTION NO. 09-01
AUTHORIZING THE CEO OF THE SCHOOL TO ENTER INTO A CONTRACT WITH
THE REGION XI EDUCATION SERVICE CENTER FOR THE REGIONAL SERVICE
CENTER COMPUTER COOPERATIVE (RSCCC) STUDENT ATTENDANCE AND
ACCOUNTING SYSTEM FOR THE 2009-10 SCHOOL YEAR.
WHEREAS, the Westlake Academy Board of Trustees finds that the RSCCC will be the
most efficient way to replace the current Win School program; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution authorizes
Region XI to convert Westlake Academy to, and to train staff on, the RSCCC system;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1. That the Board of Trustees of Westlake Academy hereby grants approval
to the CEO of Westlake Academy to enter into a contract with Region XI Education Service
Center (Exhibit ‘A’).
SECTION 2. That this Resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
_________________________________________
Laura Wheat, President
ATTEST:
_________________________________ _________________________________________
Kim Sutter, Secretary Tom Brymer, Chief Executive Officer
APPROVED AS TO FORM:
_________________________________
L. Stanton Lowry, Town Attorney
RSCCC / RSCCC 0809
MANAGEMENT
INFORMATION SYSTEMS
SOFTWARE and SUPPORT
SERVICE AGREEMENT
2008 – 2009
for
RSCCC Business and Student
eSped.com
eCHILD
Network Support
EDUCATION SERVICE CENTER
REGION XI
3001 North Freeway
Fort Worth, Texas 76106
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 2 of 55
TABLE OF CONTENTS
Article I Services Agreement .................................................................4
Article II 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 .............................................13
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 RSCCC Student System.............................................................19
Article XV RSCCC Student System Price List ...............................................23
Article XVI RSCCC Student System Commitment for Services.......................25
• Alternative Campus Commitment for Services.....................28
• Special Site I Commitment for Services..............................29
• Special Site II Commitment for Services.............................30
• Retraining Costs...............................................................31
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
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TABLE OF CONTENTS
Article XVII RSCCC SHARE System..............................................................32
Article XVIII RSCCC SHARE Price List............................................................33
Article XIX eSped.com..............................................................................34
Article XX eSped.com Price List................................................................35
Article XXI eSped.com Commitment for Services.........................................37
Article XXII eCHILD Commitment for Services..............................................38
Article XXIII eSped Online System Access Agreement....................................39
Article XXIV Student Systems Responsibilities for Support..............................49
Article XXV Novell or NT/2000 Network Support ..........................................50
Article XXVI Novell or NT/2000 Network Support Price List............................53
Article XXVII Novell or NT/2000 Network Commitment for Services.................53
Article XXVIII Commitment for Services ..........................................................54
Article XXIX Authorization for Services.........................................................55
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
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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.”
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
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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, 2008, and ending August 31, 2009. However, due to the nature
of scheduling and other areas unique for schools, these services may begin before September
1, 2008.
ARTICLE IV PAYMENT FOR SERVICES
The School district should complete this agreement in its entirety and e-mail the entire service
agreement to dbaty@esc11.net. Please print page 55, have the district superintendent sign
that page and fax it to Attn: Darrell Baty at (817) 740-3643. A copy of page 55 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
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ARTICLE V SOFTWARE
The software packages supported in this agreement are the:
¾ RSCCC Business System licensed from Education Service Center Region 20
¾ RSCCC PEIMS System (Stand Alone Only) licensed from Education Service Center
Region 20
¾ RSCCC Student System licensed from Education Service Center Region 20
¾ RSCCC Student Health Assessment, Records, and Evaluation (SHARE) System licensed
by Education Service Center Region 20
¾ eSped.com, Special Education Electronic Management Systems, licensed from
eSped.com
¾ eCHILD, electronic Consultative Help for Individual Learning Decisions, licensed from
eSped.com
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
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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 new
applications.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
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ARTICLE VI 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 System
Requirements
Description
District Server Pentium IV
1.8 GHz or greater
Specifics depend on district
environment
Operating System
Database Software
2 GB RAM
CD-RW or DVD-R Drive
36-72 GB SCSI hard drive or greater (depends on size of district)
Tape Backup System and Raid 1 or 5
Microsoft Windows 2000 Server or 2003 Server
Sybase SQL Anywhere 9*
User
Workstation:
Database
Administrator
(DBA)
Workstation
Client
Workstations
Pentium IV 2.0
GHz or greater
Display
Operating System
Software DBA
Workstation
Software Client
workstation
256 MB RAM
Video card with at least 8 MB RAM
32X CD–ROM Drive
CD-R Drive on DBA workstation
40 GB hard drive or greater (depends on size of district)
SVGA 17” or larger color monitor (19” is preferred)
Microsoft Windows 2000 Professional or Windows XP Pro (network
edition)
SQL Anywhere v. 9.0 – Personal Server and Client versions *
Microsoft Network Client (to map to the 2000/2003 Server)
ODBC Compliant Report/Query software (e.g., Office 2000)
Acrobat Reader (included with RSCCC)
SQL Anywhere v. 9.0 –Client version *
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.
* Available from ESC Region XI at a discounted price and billed separately.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
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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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
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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. Reports 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 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 cut-off 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
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Numerous inquires and reports are available.
ARTICLE VI RSCCC BUSINESS SYSTEM (continued)
REQUISITION
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 location. 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 inquires and reports are provided. Purchase orders may be printed on plain paper
or custom forms.
ASSET MANAGEMENT
The Asset Management application complies with GASB 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 PEIMS 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
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ARTICLE VI RSCCC BUSINESS SYSTEM (continued)
DUTIES 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 date 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 down time or
loss of hardware.
• Insure that the Business System is in full compliance with TEA requirements.
DUTIES 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 13 of 55
ARTICLE VII RSCCC BUSINESS SYSTEM PRICE LIST
BUSINESS SOFTWARE INSTALLATION
Business System (Finance, Human Resources, Asset Management, Budget, and PEIMS)
1. See Annual RSCCC Coop Fee – Page 54
2. Installation and Training First year only * $ 2,500.00
3. Conversion of basic data from prior
vendor
$ 1,100.00
4. Annual Licensing Fees **
• Each Installation $ 5,025.26
• Per Employee Charge @ $4 per
employee
Pay Types 1, 2, and 3
active employees from
May, 2008 payrolls
5. Annual Remote Desktop Communications
Fee ***
$ 500.00
• Plus $50 per each additional
connection
Requisition / Purchase Order System
Annual Licensing Fees **
• Base Price $ 580.00
• 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.
** Annual licensing fee provides software maintenance; support, and all regularly
scheduled training sessions, workdays, and user meetings.
*** This fee is only for districts connecting to their database that is housed at Education
Service Center.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 14 of 55
ARTICLE VII RSCCC BUSINESS SYSTEM PRICE LIST (Continued)
Additional services available that will be billed extra:
• Retraining for new personnel will be billed at:
♦ Walk-One-on-One $30 per hour, $60 minimum, $180 maximum per day
♦ Walk-In Group in Laboratory Half Day $120 plus $30 per hour, $160
minimum, $190 maximum per half day
♦ Walk-In Group in Laboratory Full Day $240 plus $30 per hour, $320
minimum, $380 maximum per day
♦ On-Site One-on-One $60 per hour, $120 minimum, $360 maximum per day
♦ On-Site Group Half Day $60 per hour, $220 minimum, $280 maximum per
half day
♦ On-Site Group Full Day $60 per hour, $440 minimum, $560 maximum per day
• 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 $60 per hour with a minimum of
$120 and a maximum of $360 per day per person.
Note: For out of region service mileage will be billed 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 $60 per hour with a minimum of $60.
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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 15 of 55
ARTICLE VIII RSCCC BUSINESS SYSTEM COMMITMENT FOR SERVICES
TOTAL BUSINESS COMMITMENT $
District Name:
Coordinator:
Phone:
Business System (Finance, Human Resources, Asset Management, Budget, and PEIMS)
Installation and Training $2,500.00 (first year only) $
Conversion of Data $1,100.00 (first year only) $
Annual Licensing Fees
• Each Installation $5,025.26 $ 5025.26
• Number of Employees ______ @
(Pay Types 1, 2, and 3 active employees
from May, 2008 payrolls)
$ 4.00 each $
Annual Remote Desktop
Communications Fee
$ 500.00 $
• Each Addn’l Connection ______ @ $ 50.00 $
Requisition / Purchasing Order System
Annual Licensing Fees
• Base Price $ 580.00 $
• Number of Users ____________ @
(This number should be the same as the
number of individuals that use the
Requisition System)
$ 20.00 each $
Campus Activity Accounting
• Number of Campuses ________ @ $550.00 each
Transfer this Total Business Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 16 of 55
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 Coordinator Campus Phone Number E-Mail Address
District:
Payroll:
Personnel:
Finance:
Asset Mngt:
Requisition:
Technology:
PEIMS
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 17 of 55
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 $1,500 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
Retain the original PDF document for you records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 18 of 55
ARTICLE XIII RSCCC SOFTWARE DISTRIBUTION SUBLICENSE AGREEMENT
Districts using the RSCCC Business and/or Student software will also need the Sybase SQL
software. Licenses for this software are provided through a sublicense agreement with Sybase
Corporation. The cost for the licenses is a one time cost.
Licensing may be done on a per computer charge or a per CPU charge. The commitment for
these licenses is in a separate agreement.
For informational purposes, the costs are listed below:
Per Computer SQL License Price List
$47 per Computer and/or Server (first year only)
(Computers added during the school year will be billed separately.)
Per CPU SQL License Price List
$ 590 per Single CPU Server (first year only)
$ 1,180 per Dual CPU Server (first year only)
$ 2,360 per Quad CPU Server (first year only)
NOTE: The Per CPU License provides the district licensing for an
unlimited number of workstations and no additional cost will be
incurred when additional workstations are added.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 19 of 55
ARTICLE XIV RSCCC STUDENT SYSTEM
The RSCCC Student 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 Student Advisory Committee (SAC) meets regularly to provide
leadership for maintenance of the existing applications and for design of the new applications.
HARDWARE REQUIREMENTS
These are the recommended hardware and software configurations for the current RSCCC Student. 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.
* Available from ESC Region XI at a discounted price.
Computer Recommended System
Requirements
Description
District Server Pentium IV
1.8 GHz or greater
Specifics depend on district
environment
Operating System
Database Software
2 GB RAM
CD-RW or DVD-R Drive
36-72 GB SCSI hard drive or greater (depends on size of district)
Tape Backup System and Raid 1 or 5
Microsoft Windows 2000 Server or 2003 Server
Sybase SQL Anywhere 9*
User Workstation:
Database
Administrator
(DBA) Workstation
Client Workstations
Pentium IV 2.0
GHz or greater
Display
Operating System
Software DBA
Workstation
Software Client
workstation
256 MB RAM
Video card with at least 8 MB RAM
32X CD–ROM Drive
CD-R Drive on DBA workstation
40 GB hard drive or greater (depends on size of district)
SVGA 17” or larger color monitor (19” is preferred)
Microsoft Windows 2000 Professional or Windows XP Pro
(network edition)
SQL Anywhere v. 9.0 – Personal Server and Client versions *
Microsoft Network Client (to map to the 2000/2003 Server)
ODBC Compliant Report/Query software (e.g., Office 2000)
Acrobat Reader (included with RSCCC)
SQL Anywhere v. 9.0 –Client version *
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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 20 of 55
ARTICLE XIV RSCCC STUDENT SYSTEM (continued)
RSCCC SOFTWARE FOR STUDENT SERVICES
The RSCCC system is a real-time system. This means that when data is added or updated, the
transaction is immediately updated to the database. When a report is run, it reflects the most
current information including changes that were made only an instant before. There is no
requirement to upload or merge files before running reports or to reconcile data afterwards.
The following applications are available to meet the specific needs of elementary, middle and
high schools.
• Attendance
• Discipline
• Grade Reporting
• Registration
• Scheduling
• Special Education
• Student Health Assessment, Records, and Evaluation (SHARE)
• txGradebook
• txAttendance
• Exports
ATTENDANCE
• Record student absences by Date, Date/Code, Date/Course, Date/Control No.,
Date/Grade, or Individual
• Excessive absence tracking
• Multi-track attendance calendars
• Perfect attendance tracking
• User-defined absence reason codes
DISCIPLINE
• Complete discipline records are maintained on an individual student basis
• Record incidents, offenses, actions taken, and comments
• Deletion of discipline records for a specific school year
• Digital photos saved in the database for evidence
• Mass assignment of incident numbers
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 21 of 55
ARTICLE XIV RSCCC SOFTWARE FOR STUDENT SERVICES (continued)
GRADE REPORTING
• Report cards consolidate demographic, attendance, and gradebook data to produce report
cards
• Capable of entering grades manually or transferred from teacher’s gradebook
• Calculate term, semester, annual and cumulative GPA
• Full page transcript
• Calculate class rank and honor roll, based on school-specific criteria
• Blank/incomplete/failing grade tracking
REGISTRATION
• Enroll/withdraw students from campuses and special programs; transfer students; and
export/import campus information and student tables
• Mass reset of specific student information
• Locker number assignment program
• Track bus information
SCHEDULING
• An efficient scheduler that processes quickly and produces the best possible student
schedules
• Scanning or manual entry of student course requests
• SOLSTAR Resource Allocator (a Master Schedule Builder) or MSALGO that
provides information through charts for building sections
• Use of section restrictions to limit or group specific populations
SPECIAL EDUCATION
• Current year/next year data capability
• Recording of special education transportation
• Maintain Child Restraint records
• Maintain student Individualized Program (IEP) goals and objectives
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 22 of 55
ARTICLE XIV RSCCC SOFTWARE FOR STUDENT SERVICES (continued)
SHARE
• Coordination of immunization schedules
• Coordination of screening processes
• Emergency management
• Facilitating of physical exam procedures
• Immunization verification
• Provisional enrollment management
• Referral process coordination
txGRADEBOOK
• Web-based
• Secure and encrypted
• Utilizes the demographic data and student schedules to populate the teacher’s gradebook
• Teacher maintains categories and assignments
• Teacher view of student information (i.e. contacts, student schedules, test information)
• Print Interim Progress Report and Report Cards by student/class
txATTENDANCE
• Web-based, on-line teacher attendance
• Secure and encrypted
• Point and click operation
EXPORTS
• Cafeteria Export
• Create PhoneMaster File
• eSped / eCHILD Export
• Export Class Roster (ADM, AEIS IT, TDAS)
• NCS TAKS Precoding
• PET Export
• PDA Export
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 23 of 55
ARTICLE XV RSCCC STUDENT SYSTEM PRICE LIST
RSCCC SOFTWARE SYSTEMS
See RSCCC Annual Coop Fee – Page 54
RSCCC Student Systems
Annual Campus Licensing Lease Fee
Campuses 1 and 2 $ 3,913.00 each
Campuses 3 and 4 $ 3,393.00 each
Campus 5 and all additional campuses $ 2,873.00 each
Annual Campus Gradebook Support (txGradebook) $ 25.00 per user
Annual Alternative Site Licensing Fee $ 460.00 per campus
Annual Classroom Attendance Licensing Fee
(txAttendance)
$ 420.00 per campus
Special Site Fee (District must have less than 1000 students
and must process entire district on one stand-alone computer)
$ 5,000.00
Installation of RSCCC software (first year only) $ 360.00 per district
Conversion of RSCCC files (first year only) $ 1,100.00 per campus
RSCCC Student Training (first year only)
Initial training to include specific instructions in:
1. Attendance
2. Discipline
3. Grade Reporting
4. Registration/Enrollment
5. Scheduling
6. Special Education
7. Student Health Assessment, Records, and Evaluation
(SHARE)
8. txGradebook/txAttendance
$ 1,340.00 per campus
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 24 of 55
ARTICLE XV RSCCC STUDENT SYSTEM PRICE LIST (continued)
Retraining
For personnel new to the district/campus after the initial first year training:
$200 per person
Retraining consists of a four day workshop (RSCCC Round 1) that covers the following
applications:
• Registration/Enrollment
• Attendance
• Grade Reporting
• Discipline
• Reports
Additional training sessions, if requested by the client, will be scheduled as space and
personnel are available and will be billed at:
• $120 per half day session in a lab plus $30 per hour with a minimum of $190
• $240 per full day in a lab plus $30 per hour with a minimum of $380
• $ 30 per hour with a minimum of $90 for non-laboratory training
Any additional requested services, outside the normal RSCCC 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 RSCCC.
A purchase order is required for each extra service. Services requested will be
billed at $60 per hour with a minimum of $60. Charges will include both
consultation and preparation time.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 25 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES
District Name: District Coordinator :
Phone Number:
1. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 1) $ 3,913 each $
Installation of RSCCC Software (first year only) $ 360 district $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 1 $
2. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 2) $ 3,913 each $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 2 $
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 26 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
District Name: District Coordinator :
Phone Number:
3. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 3) $ 3,393 each $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 3 $
4. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 4) $ 3,393 each $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 4 $
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 27 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
District Name: District Coordinator :
Phone Number:
5. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 5) $ 2,873 each $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 5 $
6. Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus 6) $ 2,873 each $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus 6 $
Duplicate this page for additional campuses.
TOTAL REGULAR SITES $
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 28 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
A. Alternative Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus A) $ 460 each $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus A $
B. Alternative Campus Name:
Campus Phone Number:
Coordinators Name:
Coordinators Phone Number:
RSCCC
Annual License Lease (campus B) $ 460 each $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
Total for campus B $
Duplicate this page for additional campuses.
TOTAL ALTERNATIVE SITES $
Transfer this Total Regular Sites Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 29 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
SPECIAL SITE – I FEE
District Name:
District Coordinator:
Special Site-I Coordinator:
Phone Number:
Campus Name:
Campus Name:
Campus Name:
Campus Name:
Annual License Lease $ 5,000 $
Installation of RSCCC Software (first year only) $ 360 district $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 $
txGradebook System $ 25 user $
txAttendance System $ 420 user $
TOTAL FOR SPECIAL SITE-I $
Transfer this Total for Special Site I Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 30 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
SPECIAL SITE-II FEE
District Name:
District Coordinator:
Special Site-II Coordinator:
Phone Number:
Campus Name:
Campus Name:
Campus Name:
Campus Name:
Annual License Lease $ 9,000 server $
Installation of RSCCC Software (first year only) $ 360 district $
Conversion (first year only) $ 1,100 campus $
Training (first year only) $ 1,340 campus $
txGradebook System $ 25 user $
txAttendance System $ 420 campus $
TOTAL FOR SPECIAL SITE-II $
Transfer this Total Special Site II Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 31 of 55
ARTICLE XVI RSCCC STUDENT SYSTEM COMMITMENT FOR SERVICES (continued)
RETRAINING COSTS
Trainee:
@ $200 for first trainee $
@ $200 each additional trainee $
@ $200 each additional trainee $
@ $200 each additional trainee $
TOTAL RETRAINING COST $
Transfer this Total Retraining Costs Commitment amount to Page 54.
List additional trainees as needed below.
Retain the original PDF document for your records.
Return a copy of the completed PDF document by June 20, 2008 to: dbaty@esc11.net or
the mailing address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 32 of 55
ARTICLE XVII RSCCC SHARE SYSTEM
RSCCC SHARE provides school nurses with the ability to maintain health records for
everything from immunizations to accidents. Records can be maintained for students as well
as for staff.
The application gives school nurses the tools required to manage school health data in an
efficient, cost-effective manner, thereby enabling them to concentrate on student health issues
and not on paperwork.
SHARE FEATURES
• Coordination of immunization schedules
• Coordination of screening processes
• Emergency management
• Facilitating of physical exam procedures
• Immunization verification
• Provisional enrollment management
• Referral process coordination
• Screening problem management
• Streamlining of parent information
• Student profiling
HARDWARE REQUIREMENTS
These are the recommended requirements for RSCCC SHARE system. Meeting or exceeding
these requirements will improve overall performance of the system.
System Requirements Recommended
Operating System Windows 2000 or XP, Internet Explorer 6.X
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 CDR-W or DVD -R
CD ROM Drive 24x or FASTER
Printer Inkjet or Laser
Optional Networking Network Interface Card 100M
Server Microsoft Windows 2000 / 2003 Server only
Novell is not supported.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 33 of 55
ARTICLE XVIII RSCCC SHARE PRICE LIST
(Student Health Assessment, Records and Evaluation)
RSCCC SHARE Campus License Fee $375 per regular campuses
No charge for alternative campuses
ARTICLE XIX RSCCC SHARE COMMITMENT FOR SERVICES
District Name: District Coordinator:
Telephone Number:
Annual Use Site Fee ______campuses @ $375 per regular campus $_________
Campus Name Nurse Name Phone Number
Duplicate this page for additional campuses.
TOTAL SHARE FEES FOR _______campuses $
Retain the original PDF document for your records. Return a copy of the completed
PDF document by June 20, 2008 to: dbaty@esc11.net or mail to the address on
page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 34 of 55
ARTICLE XIX 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 population 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,
Windows NT 4 (with Service Pack 5), or XP
Operating System: 8.1 or later
Intel Pentium processor (Pentium III
recommended)
Power Macintosh Processor (G3 or higher
recommended)
Memory: 128 MB of RAM Memory: 64 MB of RAM
½ GB of available hard disk space ½ 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
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 35 of 55
ARTICLE XX eSPED.COM PRICE LIST
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/student or $1,000.00
(Whichever is greater)
Districts with 51 to 100 Students*:
• Initial set-up fee per school district $ 500.00
• conversion of biographic and demographic data
fields.
$ 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 (Initial set up fee) $ 1,000.00
eSped Training $ 60.00 per hour
* Number of students is determined by the Fall PEIMS count of Special Education
students for the prior year.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 36 of 55
ARTICLE XX eSPED.COM PRICE LIST (continued)
Annual Licensing Fees:
Service Options:
Level 1 Level 2
Basic IEP/ARD Basic IEP/ARD
Microsoft Access Export Microsoft Access Export
PEIMS Export PEIMS Export
Advanced Archiving Advanced Archiving
SIS Student Integration
$ 22.00 per student $ 20.00 per student
Additional Services (optional)
504 Application $ 1.00 per student
(per special education student count)
Texas Mandated Timeline Notification $ 2.00 per student
(per special education student count)
PEIMS Nightly Update Report $ 1.00 per student
(per special education student count)
Re-evaluation Application $ 1.00 per student
(per special education student count)
Spanish Forms & Notices $ 2.00 per student
(per special education student count)
Description of Additional Services:
504 Application – eSped 504 documentation offers all the necessary steps needed to ensure FAPE (free appropriate public education).
Included: Referral to a 504 committee, Notice of a 504 meeting, 504 plan (including data from parents), committee members and
transportation. Upon the completion of the data documentation in the e504 Application, a report is created that captures all the data
reviewed and entered into the screens at the 504 meeting. This report may be printed and/or archived (for long term storage) and can not
be altered unless the data screens are changed.
Texas Mandated Timeline Notification – Included: Annual Reviews past due, 15 days out, 30 days out, and 60 days out can be
scheduled to individuals on a daily basis and preference (e.g., weekly on Monday, weekly on Tuesday, every weekday, 1st of the month).
Evaluation and Re-evaluation dates will be monitored in the same manner.
PEIMS Nightly Update Report – The PEIMS Nightly Update Report will provide Central Office Staff a daily alpha list of all students who
have had changed in PEIMS data the previous day. The list will be emailed each night to appropriate staff. This notification process will
insure that Central Office Staff are aware of any change in a student’s record.
Re-evaluation Application – The eRe-evaluation Application developed by eSped allows IEP committees the ability to document the
collection of data easily, quickly, and efficiently. All areas (Language, Physical, Emotional/Behavioral, Sociological, Intellectual, Educational
Performance, and Assistive Technology) are addressed to document the student’s current functioning and the need for further evaluation.
Upon the completion of the data documentation, a report is created that captures all the data reviewed and entered into the screens at the
IEP meeting. This report may be printed and/or archived (for long term storage) and cannot be altered unless the data screens are changed.
Spanish Forms & Notices – The following documents are provided in Spanish: Determination of Eligibility, Annual Goals, and Objectives,
BIP, Annual Medicaid Consent Form, Consent for Full and Individual Evaluation, Consent for Disclosure of Confidential Information, Notice of
ARD, Evaluation Data, Notice of Individual Evaluation, Brief ARD, FBA, and Full ARD.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 37 of 55
ARTICLE XXI eSPED.COM COMMITMENT FOR SERVICES
eSPED.COM
District Name:
District Coordinator:
Number of Students:
Phone Number:
eSped.com Annual License Fee
Initial set-up fee per school district (first year only)
Use correct table on page 35
$
Data conversion (first year only)
Use correct table on page 35
# of students________ @ $
eSped export fee per school district (first year only) $
Level 1 # of students_______ @ $ 22 each $
Level 2 # of students_______ @ $ 20 each $
Additional Services
504 # of students_______ @ $ 1 each $
Texas Mandated
Timeline Notification
# of students_______ @ $ 2 each $
PEIMS Nightly Update
Report
# of students_______ @ $ 1 each $
Re-evaluation
Application
# of students_______ @ $ 1 each $
Spanish Forms & Notices # of students_______ @ $ 2 each $
TOTAL eSPED.COM FEES $ ___________
Transfer this Total eSped.com Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or mail to the address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 38 of 55
ARTICLE XXII eCHILD COMMITMENT FOR SERVICES
eCHILD
electronic Consultative Help for Individual Learning Decisions
The eCHILD process is an early intervention and identification system that allows a district to:
• Share information with all staff who are involved in providing service for a child
• Communicate information learned about a child from one year to the next so that
staff are well informed and better prepared
• Ensure referrals for Special Education or other services are based on the student’s
complete academic history
• Decrease inappropriate referrals to Special Education
The eCHILD process has three levels of intervention: documentation, problem solving, and
decision making. Level 4 moves into the referral process for Special Education.
Level 1 – Teacher
Level 2 – Teacher and at least 2 others collaborating
Level 3 – Official campus team (teacher, administrator, counselor, PSD rep, specialist, etc.)
District Name:
District Coordinator:
Number of Regular Education Students: ________
(DO NOT include special education students)
Phone Number:
eCHILD Annual License Fee
Districts using eChild BEFORE September 1, 2006
# of regular education students _________@ $1.00 each
$
Districts using eChild AFTER September 1, 2006
# of regular education students _________@ $2.00 each
$
TOTAL eCHILD FEES $
Transfer this Total eCHILD Commitment amount to Page 54.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or mail to the address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 39 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into between eSped.com, Inc., with offices at 6
Riverside Drive, Andover, MA 01810 ("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.com’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. eSped 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 40 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
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.
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 belief, 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 41 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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.
(c) 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 42 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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.
(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 & Payment.
(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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 43 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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.
(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 Majeure. 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").
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 44 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 45 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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,
TIMELINESS, 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 UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY
HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THE ONLINE SERVICES OR THE 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 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 46 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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 1(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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 47 of 55
ARTICLE XXIII 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 laws 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 48 of 55
ARTICLE XXIII eSPED ONLINE SYSTEM ACCESS AGREEMENT (continued)
(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 conduct or 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 49 of 55
ARTICLE XXIV STUDENT SYSTEMS RESPONSIBILITIES FOR SUPPORT
DUTIES OF EDUCATION SERVICE CENTER
• Provide hands-on training with first installation of RSCCC Student, SHARE, 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 down time
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 RSCCC Student, SHARE, and
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 training 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(s).
• 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 50 of 55
ARTICLE XXV 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, RSCCC Student Systems, and eSped create a well-balanced support
package for district campuses. This combination of services insures proper operation of
RSCCC, and 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 instructions 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
indication 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, including travel
time.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 51 of 55
ARTICLE XXV 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, RSCCC
Student systems 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, RSCCC Student Systems, servers. All electrical outlets and the
infrastructure (cabling, etc.) must be in place prior to the installation.
INSTALLATION OF SOFTWARE
Applications software will be installed on all RSCCC 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.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 52 of 55
ARTICLE XXV 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 Workstation
• 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, including travel time
• 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 software
• Workstation network client software
• Network printing and printer configuration associated with the RSCCC software
• Installation and upgrading the network operating system
SERVICES NOT COVERED
• Workstation hardware repair
• Software installed on local hard drives, except RSCCC, 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 software packages beyond installation
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 53 of 55
ARTICLE XXVI NOVELL OR NT/2000 NETWORK SUPPORT PRICE LIST
Novell or NT/2000 Network Support
Annual Server Support Fee
New File Servers $ 2,000 each
File Server Renewals $ 1,000 each
ARTICLE XXVII NOVELL OR NT/2000 NETWORK SUPPORT COMMITMENT FOR
SERVICES
NETWORK OR NT/2000 NETWORK SUPPORT
New File Server # sites _______ @ $2,000 each $
File Server Renewal # sites _______ @ $1,000 each $
TOTAL NETWORK SUPPORT $
Transfer this Total Novell or NT/2000 Network Support Commitment amount to
Page 54.
List each site separately.
Network Site Administrator Phone Number
Duplicate this page if you require additional sites.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or mail to the address on page 55.
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 54 of 55
ARTICLE XXVIII COMMITMENT FOR SERVICES
District Name: __________________________
Total RSCCC Cooperative Fee
$ ____386.61
Total RSCCC Business Commitment
(Page 15)
$ __________
Total RSCCC PEIMS System Commitment
(Page 17)
$ __________
Total RSCCC Student Commitment
(Page 25)
$ __________
Total RSCCC Student Alternative Site Commitment
(Page 28)
$ __________
Total RSCCC Student Special Site-I Commitment (Page 29)
$ __________
Total RSCCC Student Special Site-II Commitment (Page 30)
$ __________
Total RSCCC Student Retraining Commitment (Page 31)
$ __________
Total RSCCC SHARE Commitment (Page 33 )
$ __________
eSped.com Commitment (Page 37)
$ __________
eCHILD Commitment (Page 38)
$ __________
Total Network Support (Page 53)
$ __________
TOTAL DISTRICT COMMITMENT $
Enter the Total District Commitment amount on page 55.
Retain the original PDF document for your records. Return a copy of the completed PDF
document by June 20, 2008 to: dbaty@esc11.net or mail to the address on page 55.
ARTICLE XXIX AUTHORIZATION FOR SERVICES
MANAGEMENT INFORMATION SYSTEMS
SOFTWARE and SUPPORT SERVICE AGREEMENT 2008 – 2009
EDUCATION SERVICE CENTER REGION XI
RSCCC / RSCCC 0809 55 of 55
___________________________________School District has approved the use of the
specified MIS Software Systems for the 2008 – 2009 school year. The district agrees to pay
for the contracted services as indicated in this service agreement for the total amount of
$ ________________.
______________________________
Superintendent of Schools
____________
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
in the fall of 2008.
Return a copy of the completed PDF document by June 20, 2008 to: dbaty@esc11.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 mailing address: MIS Department
Education Service Center Region XI
3001 North Freeway
Fort Worth, Texas 76106
Westlake Academy
Memo
To: Honorable President and Members of the Board of Trustees
From: Mark Rosevear, Head of School
Subject: Regular Meeting of January 12, 2009
Date: January 5, 2009
ITEM
Consider a Resolution authorizing the 2009-10 school calendar and approving request for
State waiver.
BACKGROUND
The school administration has proposed a school calendar for the 2009-10 school year.
The calendar meets all the requirements of the TEA for 180 instructional days minus the
allotted number of staff In Service days, early release days and start date. The Academy
consulted the calendars of the three closest surrounding school districts, Carroll, Keller
and Northwest and members of the school community when drafting this calendar. Once
passed by the School Board the calendar will be submitted to TEA for final approval.
FUNDING
This action has no impact on the budget.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS:
Resolution No. 09-02
Proposed calendar for the 2008-09 school year
WESTLAKE ACADEMY
RESOLUTION NO. 09-02
AUTHORIZING THE 2009-2010 SCHOOL CALENDAR AND APPROVING
REQUEST FOR STATE WAIVER.
WHEREAS, the Westlake Academy Board of Trustees has considered the
proposed 2009-2010 school calendar and the proposed State Expedited Waiver for three
Staff Development Days and six Early Release Days; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in
the best interests of the Academy and the public;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1. That the Board of Trustees of Westlake Academy hereby adopts
the proposed 2009-10 School Calendar (Exhibit ‘A’) and authorizes the school
administration to request the State Expedited Waiver.
SECTION 2. That this Resolution shall become effective upon the date of its
passage, but contingent upon approval by the TEA.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
___________________________________
Laura Wheat, President
ATTEST:
______________________________ ___________________________________
Kim Sutter, Secretary Tom Brymer, Chief Executive Officer
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, School Attorney
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Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Mark Rosevear, Head of School
Subject: Regular Meeting of January 12, 2009
Date: January 5, 2009
ITEM
Consider a Resolution adopting a formal grading system for Westlake Academy and
approving the inclusion of a letter of explanation in the report card envelopes.
BACKGROUND
As a result of questions from many parents of secondary students regarding the Westlake
Academy and the IB grading system and how it relates to a more standard American style
grading system, Mr. Kai, Mrs. Davis and myself have written the attached letter of
explanation and are proposing this formal grading system to be adopted by the Board of
Trustees to be included in the Parent/Student Handbook.
As our Diploma level students begin applying for admissions to college they will need a
standard transcript that will be easily understood by college admissions officers. This
transcript will need to include the student’s Grade Point Average in addition to their
grades.
The attached scale was designed by Mrs. Davis and approved by Mrs. Brizuela and Mr.
Jenkins during the 2007-8 school year. However, it has not yet been approved by the
Board. Mr. Kai, Mrs. Davis and I have re-evaluated this scale and find that it is suitable
to our needs. The adoption of this grading system will complete this process and allow
Westlake Academy to provide our students with official transcripts that will aide them in
their pursuit of matriculation at the university level.
FUNDING
This action has no impact on the budget.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS:
Resolution 09-03
Proposed Westlake Academy Grading System
WESTLAKE ACADEMY
RESOLUTION NO. 09-03
ADOPTING A FORMAL GRADING SYSTEM FOR WESTLAKE ACADEMY
AND APPROVING THE INCLUSION OF A LETTER OF EXPLANATION IN
THE REPORT CARD ENVELOPES.
WHEREAS, the Westlake Academy Board of Trustees has considered the
proposed grading system and found it to be necessary to complete the formal grading
system of Westlake Academy; and
WHEREAS, the Board of Trustees approves the inclusion of the grading system
in the 2008-09 Parent/Student Handbook; and
WHEREAS, the Board of Trustees approve the letter of explanation to be
included in the student Report Card; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in
the best interests of the Academy;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1. That the Board of Trustees of Westlake Academy hereby adopts
the proposed Westlake Academy grading system and letter of explanation policy as
outlined in the attached exhibit (Exhibit “A”)
SECTION 2. That this Resolution shall become effective upon the date of its
passage but contingent upon approval by the TEA.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
___________________________________
Laura Wheat, President
ATTEST:
______________________________ ___________________________________
Kim Sutter, Secretary Tom Brymer, Chief Executive Officer
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, School Attorney
1
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 09- :
Date Board Adopted:
Date Board Amended: N/A
Effective Date:
Policy Name: Westlake Academy Grading System
Policy Category: Student Achievement
Policy Goal: Effective and Understandable Student Achievement Measurement
Policy Description: This grading policy applies on to the Secondary School -
Grades 7 and above.
Westlake Academy, as an IB MYP and DP school, gives grades out of 7
(7 being the highest grade, 1 the lowest, with 4 being considered a ‘pass’ by IB
standards). Thus, there are three steps to this process
1. How we record the semester grades
2. How to convert those grades from 7-1 to a percentage
3. How to convert this percentage to a GPA
1. Semester grades. There are two semesters, and each is marked in the
same way. Each semester has three marks recorded - 40% of the total mark is
the work from the first half of the semester, 40% from the second, and 20% from
the end of semester exam.
Where the average is .5, we will take standard mathematical practice and
round this up – e.g. 3.5. becomes 4.0. This is because all submitted grades need
to be whole numbers.
A mid-term progress report is issued to parents at the end of the first half
term, and a full report card at the end of the semester.
2. Grades to percentages. These semester grades can be converted to
percentages.
2
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 09- (cont’d)
Policy Name: Westlake Academy Grading System (cont’d)
7 = 96-100
6 = 90-95
5 = 83-89
4 = 76-82
3 = 70-75
2 = 60-69
1 = 59 and below
3. Percentages to GPA. All courses, with the exception of physical
education courses, will be included in the GPA. Pre-IB and Pre-AP courses, in
addition to IB and AP courses, will be weighted. College courses taken for high
school and college credit (dual credit) will be weighted.
IB/AP/DUAL CREDIT
90—100 = 4.0 90—100 = 5.0
89 = 3.9 89 = 4.9
88 = 3.8 88 = 4.8
87 = 3.7 87 = 4.7
86 = 3.6 86 = 4.6
85 = 3.5 85 = 4.5
84 = 3.4 84 = 4.4
83 = 3.3 83 = 4.3
82 = 3.2 82 = 4.2
81 = 3.1 81 = 4.1
80 = 3.0 80 = 4.0
79 = 2.9 79 = 3.9
78 = 2.8 78 = 3.8
77 = 2.7 77 = 3.7
3
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 09- (cont’d)
Policy Name: Westlake Academy Grading System (cont’d)
76 = 2.6 76 = 3.6
75 = 2.5 75 = 3.5
74 = 2.4 74 = 3.4
73 = 2.3 73 = 3.3
72 = 2.2 72 = 3.2
71 = 2.1 71 = 3.1
70 = 2.0 70 = 3.0
69 and below = 0.0 69 and below = 0.0
The selection of Valedictorian and Salutatorian: During the second semester of
the 12th grade year, percentage grades will be averaged to determine the top 2
students in the class. All grades for courses receiving high school credit, with the
exception of P.E. grades, will be used in the computation. The Head of
Secondary and Head of School will verify the computations and the results
before they are announced.
2009 Grade Conversion
7 100
6.9 100
6.8 99
6.7 98
6.6 97
6.5 96
6.4 95
6.3 95
6.2 94
6.1 94
6 93
5.9 93
5.8 92
5.7 92
5.6 91
5.5 90
5.4 89
5.3 89
5.2 88
5.1 88
5 87
4.9 87
4.8 86
4.7 85
4.6 84
4.5 83
4.4 82 2.2 67
4.3 82 2.1 66
4.2 81 2 65
4.1 81 1.9 64
4 80 1.8 63
3.9 80 1.7 62
3.8 79 1.6 61
3.7 78 1.5 60
3.6 77 1.4 59
3.5 76 1.3 59
3.4 75 1.2 59
3.3 75 1.1 59
3.2 74 1 59
3.1 74
3 73
2.9 73
2.8 72
2.7 72
2.6 71
2.5 70
2.4 69
2.3 68
Westlake Academy
Memo
To: Honorable President and Members of the Board of Trustees
From: Mark Rosevear, Head of School
Subject: Regular Meeting of January 12, 2009
Date: January 7, 2009
ITEM
Consider a Resolution adopting a policy regarding the writing, amending and distribution
of the Parent/Student Handbook.
BACKGROUND
The Senior Management Team of Westlake Academy is proposing that the Board of
Trustees adopt a policy relating to the annual writing, amending and distribution of the
Westlake Academy Parent/Student Handbook.
This policy would charge the Academy staff to at least annually, identify and make
amendments as needed to the existing Parent/Student Handbook. In addition the staff
would be responsible for providing a copy of the Handbook to each family, at the
beginning of each school year (or upon a student’s initial enrollment if after the start of
the school year) and to post the Handbook on the school’s website.
Amendments made during the course of any school year shall be communicated in a
timely fashion to all Academy parents and students prior to their effective date.
FUNDING
This action has no impact on the budget.
RECOMMENDATION
Staff recommends approval
ATTACHMENTS:
Resolution 09-04
Parent-Student Handbook Policy No. 09-04
WESTLAKE ACADEMY
RESOLUTION NO. 09-04
ADOPTING A POLICY FOR THE WESTLAKE ACADEMY PARENT
STUDENT HANDBOOK
WHEREAS, the Westlake Academy Board of Trustees has considered the
proposed policy regarding the Parent/Student Handbook;
WHEREAS, the Westlake Academy Board of Trustees finds that this policy will
facilitate more effective communications of Parent-Student Expectations and Standards;
WHEREAS, the Westlake Academy Board of Trustees finds that the passage of
this Resolution is in the best interests of the Academy;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1. That the Board of Trustees of Westlake Academy hereby adopts
the proposed Parent-Student Handbook policy.
SECTION 2. That this Resolution shall become effective upon the date of its
passage but contingent upon approval by the TEA.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
___________________________________
Laura Wheat, President
ATTEST:
______________________________ ___________________________________
Kim Sutter, Secretary Thomas E. Brymer, Chief Executive Officer
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, School Attorney
1
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 09
Date Board Adopted:
Date Board Amended: N/A
Effective Date:
Policy Name: Parent-Student Handbook
Policy Category: Parent- Student Relations and Expectations
Policy Goal: Effective Communication of Parent-Student
Expectations/Standards
Policy Description: The purpose of this policy is to outline the Board of
Trustees’ desired outcome to have a Parent-Teacher handbook to facilitate
communication to Westlake Academy parents and students of the various
aspects of the Academy’s operations, educational aims, administrative structure
student expectations, and student standards.
In that light, the Westlake Academy staff is charged with drafting, updating, and
publishing, at least annually prior to the start of school, a Parent-Teacher
Handbook. A copy of the current Handbook will be given to every parent at the
start of school (or upon the student’s initial enrollment if after the start of school)
and it shall be also placed on the Academy’s web site. During the course of the
school year, the Academy staff is responsible for identifying amendments that
may need to be made to the Handbook. If any amendments are made, they shall
be communicated in a timely fashion to all Academy parents and students prior
to their effective date.
The only portion of the Handbook requiring Board review and approval prior to
any amendment is that related to the code of conduct.
10. FUTURE AGENDA ITEMS: Any Board member may request at a workshop
and / or Board meeting, under “Future Agenda Item Requests”, an agenda item
for a future Board meeting. The Board member making the request will contact
the Town Manager with the requested item and the Town Manager will list it on
the agenda. At the meeting, the requesting Board member will explain the item,
the need for Board discussion of the item, the item’s relationship to the Board’s
strategic priorities, and the amount of estimated staff time necessary to prepare for
Board discussion. If the requesting Board member receives a second, the Town
Manager will place the item on the Board agenda calendar allowing for adequate
time for staff preparation on the agenda item.
- None.
Westlake
Academy
Item # 10 –
Future Agenda
Items
Trustees Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/12/08 T. Brymer School Exit Interviews Workshop
11/10/08 T. Brymer SAT Readiness / College Plan Report Workshop
11/10/08 T. Brymer Report on Grading system and progress conferences Workshop
11/11/08 M. Rosevear Report on Residential Trip Policy including fundraising Wkshp or Mtg
Feb. 9, 2009, Meeting (submittal deadline Jan. 29)–6:00 p.m.
Date Contact Description Format
1/5/09 T. Brymer Policy regarding hiring decisions Meeting
11/11/09 M. Rosevear Report on Residential Trip Policy including fundraising Wkshp/Mtg
Mar. 9, 2009, Meeting (submittal deadline Feb. 26)–6:00 p.m.
Date Contact Description Format
Apr. 13, 2009, Meeting (submittal deadline Mar. 26)–6:00 p.m.
Date Contact Description Format
January 2009 1 February 2009 2 March 2009 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F
S
a
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30 31
Trustee and Aldermen Meeting Aldermen Meeting
Holiday
11. BOARD CALENDAR.
- Gallery Night
February 20, 2009
Westlake
Academy
Item # 11 –
Board Calendar
Westlake
Academy
Item # 12 –
Adjournment
Back up material has not
been provided for this item.