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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 EDUCATION SERVICE CENTER REGION XI RSCCC / RSCCC 0809 3 of 55 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 RSCCC / RSCCC 0809 4 of 55 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 RSCCC / RSCCC 0809 5 of 55 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 RSCCC / RSCCC 0809 6 of 55 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 RSCCC / RSCCC 0809 7 of 55 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 EDUCATION SERVICE CENTER REGION XI RSCCC / RSCCC 0809 8 of 55 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 EDUCATION SERVICE CENTER REGION XI RSCCC / RSCCC 0809 9 of 55 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 EDUCATION SERVICE CENTER REGION XI RSCCC / RSCCC 0809 10 of 55 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 EDUCATION SERVICE CENTER REGION XI RSCCC / RSCCC 0809 11 of 55 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 RSCCC / RSCCC 0809 12 of 55 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 SM T W T F S S M T W T F S S M T W T F S S M T W T F S 12 3 4 1 1 2 3 4 5 1 3 56 7 8 9 1 0 1 1 2 3 4 5 6 7 8 6 7 8 9 1 0 1 1 1 2 4 5678910 12 1 3 1 4 1 5 1 6 1 7 1 8 9 1 0 1 1 1 2 N N 1 5 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 1 1 2 1 3 1 4 1 5 1 6 1 7 19 2 0 2 1 2 2 2 3 2 4 2 5 1 6 2 2 2 0 2 1 2 2 2 3 2 4 2 5 2 6 1 8 1 9 2 0 2 1 2 2 23]24 26 2 7 2 8 2 9 3 0 3 1 2 3 [ 25 2 6 2 7 2 8 2 9 2 7 2 8 2 9 3 0 2 5 [2627282931 3 0 3 1 6 21 2 1 SM T W T F S S M T W T F S S M T W T F S S M T W T F S 12 4 5 6 7 1 2 3 4 5 1 2 1 2 3 4 5 6 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8910111213 WE S T L A K E A C A D E M Y S C H O O L C A L E N D A R 20 0 9 - 1 0 SE P T E M B E R O C T O B E R JU L Y AUG U S T NO V E M B E R D E C E M B E R J A N U A R Y FEBRUARY 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8910111213 15 1 6 1 7 1 8 1 9 2 0 2 1 1 3 1 4 1 5 1 6 1 7 1 9 1 0 1 1 1 2 1 3 1 4 15 ] 16 1 4 1 5 1 6 1 7 1 8 1 9 2 0 22 23 2 4 2 5 2 6 2 7 28 2 0 21 2 2 2 3 2 4 2 5 26 1 7 18 19 2 0 2 1 2 2 2 3 2 1 2 2 2 3 2 4 2 5 2 6 2 7 29 3 0 2 7 28 2 9 3 0 3 1 24 2 5 2 6 2 8 2 9 3 0 2 8 16 1 4 31 19 2 0 SM T W T F S S M T W T F S S M T W T F S S M T W T F S 12 3 4 5 6 1 3 1 1 2 ] 5 78 9 1 0 1 1 1 2 1 3 4 5 6 8 9 1 0 2 3 4 5 6 7 8 6 7 8 9 1 0 1 1 1 2 14 15 1 6 1 7 1 8 1 9 20 1 1 1 2 1 3 1 4 1 5 1 6 1 7 9 1 0 1 1 1 2 1 3 1 4 1 5 1 3 1 4 1 5 1 6 1 7 1 8 1 9 21 2 2 2 3 2 4 2 5 26 ] 27 1 8 1 9 2 0 2 1 2 2 2 3 2 4 1 6 1 8 1 9 2 0 2 1 2 2 2 0 2 1 2 2 2 3 2 4 2 5 2 6 28 [ 29 30 3 1 2 5 2 6 2 7 2 8 2 9 3 0 2 3 2 4 2 5 2 6 2 7 2 9 2 7 2 8 2 9 3 0 18 2 1 30 31 18 3 Fi r s t / L a s t D a y o f S c h o o l S t a f f D e v e l o p m e n t o r B a d W e a t h e r D a y To t a l D a y s o f I n s t r u c t i o n 1 7 7 St u d e n t / S t a f f H o l i d a y B a d W e a t h e r / R e g u l a r S c h o o l D a y Te a c h e r w o r k d a y s 1 8 7 Ea r l y R e l e a s e f o r S t u d e n t s [ ] A t t e n d a n c e R e p o r t i n g P e r i o d B e g i n s / E n d s St a f f D e v e l o p m e n t / S t u d e n t H o l i d a y N Ne w S t a f f R e p o r t s MA R C H APR I L MA Y JUNE 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.