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INTERGOVERNMENTAL SERVICE ARIZONA DEPARTMENT OF AGREEMENT (IGSA) EDUCATION 1535 W. Jefferson, Bin # 37 Phoenix, Arizona 85007 (602) 364-2517 IGSA No: ADED16-LMS2 PROJECT TITLE: OPT-IN (LMS) Effective Date: Upon ADE Signature Agreement Term: 12 Months Pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 et seq. this Intergovernmental Service Cooperative Purchasing Agreement (Agreement) is entered into by the Arizona State Board of Education, acting through the Arizona Department of Education (ADE), an agency of the State of Arizona, and Maricopa County Educational Service Area (LEA). ADE is authorized to enter into this Agreement by A.R.S. § 15-203(B)(1) and the LEA is authorized to enter into this agreement by virtue of A.R.S. §§ 15-342(13) (district), 15-183(H) (charter), 15-302(A)(11) (county school superintendent), and 15-302(C) (regional education center). Therefore the ADE and the LEA agree to abide by the terms and conditions set forth in this Agreement. For and on behalf of the LEA: For and on behalf of the Arizona Department of Education Maricopa County Education Service Agency 1535 W Jefferson Street, Bin # 37 4041 N. Central Avenue Phoenix, Arizona 85007 Suite 1100 Phoenix Arizona 85012 Signature of Person Authorized to Sign Date Signature of Person Authorized to Sign Date Printed Name Printed Name Title Title Revised 9/2015 ****** ADE will require a purchase order included with the submittal of the signed IGSA. Please contact Steven Paulson at 602-542-3570 if you have any questions. ***** 1 1. Purpose of Agreement ADE, as part of the Arizona Education Learning Accountability System initiative (AELAS), has procured a series of Commercial Off-The-Shelf (COTS) products that it believes will assist Arizona districts, charters, county school superintendents, and regional education centers to more efficiently provide services to their students, teachers, and communities. It is ADE’s intent to allow every Arizona district and charter to utilize the AELAS Products that it considers relevant to its operations and development through ADE’s hosting environment. LEA has made an election to use: Learning Management System (Blackboard), Contract No. ADED16-104596 https://procure.az.gov/bso/external/purchaseorder/poSummary.sdo?docId=ADED16- 104596&releaseNbr=0&parentUrl=contract Exhibit A defines the scope of services for the AELAS Product that shall be provided to the LEA. The underlying agreement between the vendor and ADE, and these exhibits are incorporated into this Agreement based on the election of the LEA to use an AELAS Product. 2. Term of Agreement This Agreement is effective for a period of up to one year from the date of execution, and can be renewed for additional one-year terms, or be terminated by either party in accordance with Section 7. Each renewal shall be effective for a one-year term or a portion thereof, upon agreement of the LEA and ADE. The parties shall each sign an Amendment extending this Agreement pursuant to Section 5. ADE shall prepare the Amendment for additional periods for both parties’ signatures. 3. Scope of Services ADE and the LEA shall provide the required services agreed to by each as set forth in this Agreement and in Exhibit A. 4. Payment As payment for full and satisfactory performance of the services, the LEA agrees to pay the ADE as outlined in the payment schedule attached as Exhibit B. Any changes by the LEA to its elected AELAS Products will result in an adjustment to the required payments and an amendment to Exhibit B. The LEA shall not receive full reimbursement for services if it elects to opt-out of any AELAS Product in the middle of a term. 5. Changes This Agreement may only be changed in a writing signed by both parties through their duly authorized agents (an Amendment). Changes to the Agreement, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the procurement officer in writing or made unilaterally by the LEA, shall be void and of no effect. Neither party shall be entitled to a claim under this Agreement based on changes made through an unauthorized Amendment. In the event that state or federal law enacted after the effective date of this Agreement conflicts with any term of this Agreement, controlling law shall apply and supersede that/those term(s). The parties agree to promptly consider an appropriate Amendment to the Agreement to remove any conflict. 6. Arbitration Both parties agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes. 2 7. Termination A. Termination for Convenience. Except as otherwise provided, this Agreement may be terminated without cause upon thirty (30) days written notice by either party. B. Termination for Cause. This Agreement may be terminated immediately upon notice by ADE or LEA if either party fails to fulfill its obligations under this Agreement. Grounds for immediate termination by ADE include, but are not limited to: i. LEA violates the copyright and/or fair use policies and other published guidelines for the appropriate educator and student use of the selected AELAS Products; ii. LEA uses the content or services in ways that violate its license permissions (e.g. reselling public content or using the tools for programs not covered by the license); iii. LEA fails to protect the integrity of the data and content in the AELAS Products pursuant to Section 14 of this Agreement; iv. LEA fails to promptly and completely pay any monies due to ADE as set forth in Exhibit B; v. LEA fails to adhere to any federal or state statute covering the use of the AELAS Products; and vi. LEA intentionally performs any act to undermine the effective use of the AELAS Products. C. Duties Upon Termination. Upon termination pursuant to this Section, all goods, materials, documents, data and reports prepared by or for ADE under the Agreement shall become the property of and be delivered to ADE on demand. The LEA shall be liable to ADE for any excess costs incurred by ADE for materials or services provided and for any additional costs related to the early termination of this Agreement. 8. Right of Offset ADE shall be entitled to offset against any sums due the State, any expenses or costs incurred by ADE, or damages assessed by the State as caused by the LEA’s breach of this Agreement, including expenses, costs and damages. 9. Governing Law This Agreement shall be governed and interpreted by the laws of the State of Arizona, and to the extent applicable, the Arizona Procurement Code (A.R.S. § 41-2501 et seq.), the administrative rules promulgated thereunder (A.A.C. R2-7-901 et seq.), and the Arizona school district procurement rules (A.A.C. R7-2-1001 et seq.) 10. Non-Availability of Funds This Agreement shall be subject to available funding, and nothing in this Agreement shall bind the State to expenditures in excess of funds appropriated and allotted for the purposes outlined in this Agreement. 11. Cancellation for Conflict of Interest Pursuant to A.R.S. § 38-511, the State of Arizona (State), its political subdivisions or any department or agency of either may, within three years after its execution, cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. A cancellation made pursuant to this provision shall be effective when either party receives written notice of the cancellation unless the notice specifies a later time. 3 12. Non-Discrimination The parties shall comply with Executive Order 09-09, which mandates that all persons regardless of race, creed, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, age, national origin, political affiliation or disability. 13. Records Pursuant to A.R.S. §§ 35-214 and 35-215, both parties shall retain all data, books and other records (Records) relating to this Agreement for a period of five years after completion of the Agreement. All Records shall be subject to inspection and audit by either party at reasonable times. 14. Data Privacy and Security A. ADE Procedures and Controls. ADE and LEA shall treat all information obtained through performance of the Agreement, as confidential or sensitive information consistent with state and federal law and state policy. ADE or its agents and LEA shall not use any data obtained in the performance of the Agreement in any manner except as necessary for the proper discharge of its obligations and protection of its rights related to this Agreement. ADE and LEA shall establish and maintain procedures and controls for the purpose of assuring that data in its or its agents’ possession is not mishandled, misused, released, disclosed, or used in an inappropriate manner in performance of this Agreement. This includes data contained in ADE records obtained from the State or others, necessary for Agreement performance. ADE and its agents and LEA shall take all reasonable steps and precautions to safeguard this information and data and shall not divulge the information or data to parties other than those needed for the performance of duties under this Agreement. B. Security Incident Management. ADE and its agents shall use a communication and escalation procedure approved by the State’s designated Information Security and Privacy Officers to notify appropriate State personnel of an information security or data privacy related incident, including a breach of confidential information. ADE and its agents shall cooperate and collaborate with appropriate LEA personnel to identify and respond to an information security or data privacy incident, including a data breach, as required by State policy and state and federal law. 15. Confidentiality ADE and LEA may choose, from time to time, in connection with work contemplated under this Agreement, to disclose confidential information to each other (Confidential Information). All such disclosures must be in writing and marked as Confidential Information. The Parties shall not disclose to unauthorized third parties any Confidential Information of the other Party and will use such information only for the purposes of this Agreement; provided that the receiving Party's obligations hereunder shall not apply to information that: (i) is already in the receiving Party's possession at the time of disclosure; (ii) is or later becomes part of the public domain through no fault of the receiving Party; (iii) is received from a third party with no duty of confidentiality to the disclosing party; (iv) was developed independently by the receiving party prior to disclosure; or, (v) is required to be disclosed by law or regulation. Any information that is transmitted orally or visually, in order to be protected hereunder, shall be identified as Confidential Information by the disclosing party at the time of disclosure, and identified in writing to the receiving party, as Confidential Information, within thirty (30) days after such oral or visual disclosure. Both parties shall retain the right to refuse acceptance of such Confidential Information that is not required for the purposes of this Agreement. 4 Both parties agree to comply with the federal Family Educational Rights and Privacy Act of 1974. This applies to all provisions of this Agreement which involves identifiable individual student data. 16. Property of the State Title and exclusive copyright to all reports, information, data, curricula, materials, and software prepared by ADE in performance of this Agreement shall vest in the State of Arizona. 17. Intellectual Property ADE may provide LEA with certain ADE Materials in performance of this Agreement. ADE shall own all rights, title, and interests in and to: all ADE Materials and Inventions including all patents, copyright, trade secrets, and any other intellectual property rights pertaining thereto; all changes, modifications, updates or enhancements thereto made by ADE or LEA, and all derivative works therefrom. ADE hereby grants to LEA a revocable, nonexclusive, non-assignable, non-transferable, worldwide limited right and license to copy, distribute, transmit, display, perform, and otherwise use and exploit the ADE Materials for the performance of this Agreement. The foregoing license does not give LEA, and LEA is not authorized, to sublicense such ADE Materials. Except as otherwise requested or approved by ADE, LEA shall cease all use of the ADE Materials upon expiration or termination of the agreement, and shall immediately return or destroy the same at ADE’s direction. ADE Materials shall mean any computer software, computer programs, architecture, computer functionalities, computer interfaces, computer code, computer files, images, photographs, designs, forms, data listings, or compilations or databases, graphics, artwork, text or writings, documents, abstracts and summaries thereof or any other related items or information reasonably required for the performance of this Agreement that are the intellectual property of the Arizona Department of Education. ADE Materials do not include the AELAS Products developed, owned, and licensed by the third-party vendors and procured by ADE for the purpose of this Agreement. LEA’s intellectual property rights to any third-party intellectual property from the AELAS Products is limited as specified in the Exhibits and underlying agreement with the third party vendor. 18. Public Record Both parties recognize that work product developed under this Agreement becomes public information, except as limited by Section 15. 19. Indemnification Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. In addition, LEA shall cause its contractor(s) and subcontractors, if any, to indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of LEA’s contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by 5 such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 20. Software Support Services ADE and LEA agree to the software support services set forth in Exhibit C, which is attached hereto and fully incorporated herein. LEA shall be billed for the maintenance and support of the selected AELAS Products, as per Exhibit B, in accordance with the payment terms set forth in Section 4 of this Agreement. Software support services beyond those specified in Exhibit C that are requested by LEA during the term shall be provided for an additional charge. 21. Notices All written communications shall be addressed and mailed or personally served as follows: To LEA: To ADE: Procurement Services, Procurement, Bin # 37 Maricopa County Education Service Agency Arizona Department of Education 4041 N Central Ave, 12th Floor 1535 West Jefferson Phoenix, AZ 85012 Phoenix, AZ 85007 Phone: 602-506-3886 Telephone: (602) 542-3570 Email: emcteam@mcea.maricopa.gov Fax: (602) 542-3264 Email: IGSAinbox@azed.gov 6 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) NOTE: This Exhibit is effective only for LEAs that have elected to opt-in to the Learning Management System (LMS) being supplied by Blackboard pursuant to ADE Contract No. ADED16-104596. 1. Description of System: ADE has procured Learning Management System products from Blackboard, as described more completely by the underlying contract documents in ADE Contract No. ADED16-104596. The ADE Learning Management System is comprised of the following: Online Course Tools: Blackboard Learn™ is available for use in two settings: 1. For LEA Professional Learning: Each user receives access to Blackboard Learn for online or blended courses 2. For LEA K-12 Student Learning: Each user receives access to Blackboard Learn for online or blended courses. Interactive Presentation Tools: In each setting above, the LEA course facilitators and other staff can also utilize Blackboard Collaborate™, a suite of interactive presentation tools. Services: LEAs select services to support their implementation of the ADE LMS. These include required training, optional data integration to synchronize rosters and course assignments from the LEA’s Student Information System (SIS) to Blackboard Learn, optional data integration to return student results from Blackboard Learn to the LEA’s grade book, and optional training. A. LEA Professional Learning and K-12 Student Learning (Blackboard Learn) includes the following features and functions: • Manage permission-based access to content. • Securely store instructional resources. • Tag content for easy retrieval. • Manage LEA's course catalog for K-12 courses. • Allow users to import existing Moodle courses in Common Cartridge format. • Design, create, and manage new online courses. • Create and manage, and use templates to create courses. • Create or import assessments into a course. • Allow administrators to assign courses to users. • Select which events signal course completion. • Administer course surveys and evaluations. • Support collaboration of instructors. • Provide discussion forums and threads for learners. • Provide internal email-like support within the LMS system and email to external accounts. • Support and capture instant message and voice chats. (With Collaborate only) • Use virtual whiteboards for instruction. (With Collaborate only) • Provide webinars (webcasting). (With Collaborate only) • Create groups of users internal or external to a course—groups may be instructor selected or learner self- enrolled • Include video streaming in courses. • Provide scoring during and upon completion of courses. 7 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) • Provide announcements. • Archive courses and sections. • Merge courses. • View reports on K-12 student courses and professional learning activities. • View extensive online self-training library. B. Interactive Presentation Tools (Blackboard Collaborate) includes the following features: • Schedule online, interactive presentations and meetings. • Share applications and presentations online. • Use instant messaging features. • Create group chats and video calling. • Create a virtual office. • Use virtual whiteboards. • Record online presentations for later viewing. • View extensive online self-training library. C. Optional Services provided by Blackboard – Student Information System (SIS) Integration includes the following: . • Advise LEA on data integration with the student information system association of courses, organizations, and users. • Prepare and plan for on-site work. • Integration functionality and process overview. • Define data mapping & business rules. • Develop data lifecycle management guidelines. • Develop and configure integration. • Deliver integration knowledge transfer. • Test integration and validate functionality. D. Optional Services provided by Blackboard - Grade Book Extract Tool includes the following: • Determine data extract requirements. • Install and configure tool. • Deliver tool knowledge transfer. • Test tool and validate functionality. E. Required (two consecutive business days) training, delivered by ADE, supports LEA Professional Learning and/or K-12 Student Learning and covers the following. All sessions are for a maximum of 15 participants: 8 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) Day 1 Blackboard Learn™ for LMS Administrators (3.5 hours) • Navigating system admin area • Manage Users o Search for users o Create users o Modify users o Reset Passwords o Assign Permissions • Manage Courses o Create courses o Copy courses o Assign instructors/facilitators o Manage enrollments • Content management • Course Backup, Archive, and Restore • Reporting • How to get help Blackboard Collaborate™ for LMS Administrators (2.5 hours) • Navigating system admin area • Manage Users o Search for users o Create users o Modify users o Reset passwords o Assign permissions • Creating a Collaborate session • Reporting Day 2 Blackboard Learn™ for Educators (2.5 hours) • Understand the Global Navigation Menu • Knowledge of how to toggle between teacher and student view • How to create, edit, copy and delete a course • How to use the Course Creation Wizard to create a course • How to create templates for course appearance and structure • How to create, copy and administer assessments and surveys. • How to utilize the Performance Dashboard to view all aspects of activity of a student in a course • How to utilize the Retention Center to monitor student activity and be flagged about students at risk • How to use the Adaptive Release features for course content • How to use the Rubric Creation tool to create or import a rubric 9 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) • How to use the Content Editor for assistance with course creation (i.e. creating tables, resizing images, imbedding videos) • How to provide discussion forums for students • How to create announcements • How to archive courses and sections • How to merge courses • How to use the Mash-up Tool – (i.e. find content outside a course and import it such as YouTube videos, customize views and settings) • How to utilize the SCORM Reports – a set of technical standards for E-Learning software products (sharable content object reference model) – reports on user’s total time spent on reviewing a course and status • Blackboard Collaborate – chat rooms , go-to style meetings where students can interact in large or small groups, teachers can put students in specific groups Blackboard Collaborate™ for Educators (1.5 hours) • How to schedule online, interactive presentations and meetings • How to use virtual whiteboards • How to share applications and online resources • How to use instant messaging features • How to create group chats and video • How to create a virtual office • How to view extensive online self-training library F. Optional training. Blackboard Learn and Collaborate for Educators can be repeated for additional groups of up to 15 educators. The training can be provided in person (for two consecutive business days minimum) or online at the approved rates. 10 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) 2. Election of Modules: LEA has analyzed the services that are being offered and elected to opt-in to the following modules of the ADE Learning Management System pursuant to the specific terms and conditions set forth in this Exhibit: An [X] indicates election of a module by the LEA. Additional modules are listed for reference only, and may be opted- into by the LEA through a modification to the agreement. [X] Professional Learning Facilitator License. (Bb Learn and Bb Collaborate) [ ] Professional Learning Participant (Educator) License. (Bb Learn ONLY) [ ] K-12 Learning Facilitator License. (Bb Learn and Bb Collaborate) [ ] K-12 Learner (Student) License. (Bb Learn ONLY) [X] Year 1 Required Introductory Training (Face to Face): LEAs are required to receive two days of introductory training as described previously. (This is required for all license options listed above, subsequent years not required) [ ] Optional SIS Integration: Blackboard consulting services assist LEA to integrate Blackboard LMS with their SIS for improved management of student rosters. [ ] Optional Gradebook Extraction: LEAs may integrate Blackboard LMS with their SIS to return Blackboard course results to their online gradebook software. [ ] Optional Training (Face to Face): LEAs may receive additional face-to-face training of the Learn and Collaborate for Educators training listed in the introductory training as described previously (e.g., for expanding the training to additional staff members). [ ] Optional Training (Online): LEAs may receive online training of the Learn and Collaborate for Educators training listed in the introductory training (e.g., for expanding the training to additional staff members). 3. Scope of Services: A. The ADE services included in the implementation of a LMS installation and initial roll-out are: • Project coordination • Validate LEA hardware and software readiness • Gather the information needed to set up the system (using a questionnaire and follow- up discussions) • Create a domain/website for the LEA • Assign the roles • Enable educator single sign-on (ADE Connect) • Advise LEA on procedures to import users (educators and/or students) NOTE: If LEA wants to bring in the data from their SIS, Blackboard can advise them for an additional fee • Provide mandatory System Administrator training on how to administer system (classes, users, content, configurations). NOTE: Content is adapted to experience level of the LEA system administrator. 11 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) o Creating courses o Enrolling users in courses o Managing courses • Build training plan and provide mandatory and optional Educator training (typically Train the Trainer). • Product Support o Email o Phone B. Additional (Optional) Services Available include the following: • SIS Integration: Consulting services to guide integration of Blackboard with the LEA’s SIS for improved management of student rosters. • Gradebook Extraction: integration of Blackboard data with the LEA’s online gradebook. • Training (Face to Face): LEAs may receive additional face-to-face training of the Learn and Collaborate for Educators training listed in the introductory training as described previously (e.g., for expanding the training to additional staff members). • Training (Online): LEAs may receive online training of the Learn and Collaborate for Educators training listed in the introductory training (e.g., for expanding the training to additional staff members). C. LEA Responsibilities: • Assign LEA resources and allocate time as defined in Implementation plan to achieve schedules. • Ensure required resources attend implementation project kick off meeting. • Complete LMS System Setup Survey as scheduled. • Supply all current system documents and materials required to setup and configure LMS system. • Assign a system administrator for the LEA. • Provide high-speed Internet and network connectivity. • Ensure LEA firewalls are set to allow for the product. • Provide educator access through ADEConnect. • Supply electronic lists of all participating educators, with their permission levels. • Designate LEA educators to receive Train-the-Trainer introduction to the product; provide all needed Teacher training to LEA educators. • Convert their own Moodle courses. • Create new face-to-face or online learning activities in the system as needed. • Test user logins to ensure users in each role have appropriate access. • Conduct system readiness test in accordance with schedule. D. ADE Responsibilities: • Manage vendor relationship and statewide contract. • Create the master schedule for implementation . • Validate LEA hardware and software readiness. • Gather the information needed to set up the system (using a questionnaire and follow- up discussions). • Create a domain/website for the LEA. 12 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A – SCOPE OF SERVICES Learning Management System (Blackboard) • Assign the roles. • Enable educator single sign-on (ADEConnect). • Advise LEA on procedures to import initial user data (educators and/or students) NOTE: If LEA wants to bring in the data from their SIS, Blackboard can advise them for an additional fee. • Provide System Administrator training on how to administer system (classes, users, content, configurations). NOTE: Content is adapted to experience level of the LEA system administrator. • Build training plan and provide Educator training (typically Train the Trainer) Creating courses Enrolling users in courses Managing courses • Provide Tier 1 and Tier 2 Support; act as conduit to Blackboard Tier 3 support (See Appendix D.) • Provide high-level system administration • Monitor Blackboard-provided backup and disaster recovery 4. Cost: Professional Learning Facilitator License (per Facilitator) $15.00/facilitator Professional Learning Participant License (per Educator) $10.00/educator K-12 Learning Facilitator License (per Facilitator) $15.00/facilitator K-12 Learning Participant License (per Student) $10.00/student Training for LMS Application (2 consecutive business days) * Mandatory $2,000.00/training SIS Integration Services (with LEA’s Student Information System) $14,000.00/integration Gradebook Extract Fee (with LEA’s online gradebook) $10,000.00/integration Optional Face to Face Training (per day, two consecutive business days minimum) $2,000.00/day Optional Online/Webinar Training (per day) $1,500.00/day MCESA REIL all-inclusive annual user license (Blackboard Learn and Collaborate training included) $20.00/user 5. Technical Contact: Technical Contact: Nick Dean Telephone: 602-364-2331 Email: Nicholas.Dean@azed.gov 13 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT A.1 – CERTIFICATION FORM Learning Management System (Blackboard) ADE LMS Pilot Program Requirements for Blackboard Online Learning Tools Certification Form Arizona Department of Education (ADE) has procured a statewide contract for use of industry-leading, online learning tools Blackboard. These include Blackboard Learn™ for delivering online courses and Blackboard Collaborate™ for conducting online meetings. This contract allows all Arizona LEAs to take advantage of ADE’s special pricing to use these tools for educator professional learning. Qualified Arizona LEAs may also use the tools for K-12 learning through the ADE Learning Management System (LMS) Pilot Program. Qualified LEA Applicants for K-12 Learning LEAs interested in offering K-12 learning through the LMS Pilot Program shall meet the following requirements: • LEA shall have been in operation for no less than 3 years • LEA shall have no outstanding auditing findings within the last 3 years • LEA shall not have an LEA state accountability label of 'D' or 'F' • No more than 50% of the students receiving courses through the LMS system may participate in more than 3 fully online courses during the Pilot • LEA shall have a fully AzEDS-certified Student Information System (SIS) • LEA shall meet basic systems requirements, to include devices and connectivity To certify compliance with these requirements, this form must be returned with all LEA orders for Blackboard tools during the 2015-2016 school year. By signing below, you confirm that your LEA meets all of the above requirements. LEA Name Authorized Representative Name (printed) Authorized Representative Signature Date Signed 14 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT B – PRICE SHEET Description Quantity Unit of Measure Unit Price Extended Cost MCESA REIL all-inclusive 2,200 1 $20.00 $44,000.00 annual user license (Blackboard Learn and Collaborate training included) Quote ID: QUO-01211-G3S2V4 Grand Total: $44,000.00 15 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT C – SOFTWARE SUPPORT SERVICES 1.0 Reference to Agreement This Exhibit is subject to and incorporates all of the provisions stated in the ADE Software License Agreement, between ADE and LEA as of the Effective Date. 2.0 Fees During the Initial Term, ADE shall provide LEA with Software Support Services according to the fees described in Exhibit A . Following the Initial Term, for each Subsequent Term LEA shall pay annual fees according to the then current fees for the Software Support Services. ADE shall provide LEA six monthsʹ notice of any proposed increase in the then applicable fee. ADE and LEA shall each have the right to review the number of students enrolled and increase or decrease the license count and adjust services fees according to the then current services fees for the licensed ADE Products. 3.0 Software Support Services ADE provides software updates and support services for the currently supported version only. 3.1 Support call workflow will be as follows: 3.1.a LEA reports an issue to internal Helpdesk; LEA Helpdesk resolves if possible. 3.1.b LEA authorized representative calls ADE Helpdesk 3.1.c Issue logged in ADE Support Tracking System 3.1.d ADE Resolves? – YES - ADE reports resolution back to LEA – Ticket Closed 3.1.e ADE Resolves? – NO - ADE contacts Vendor on behalf of LEA, submits ticket to Vendor Helpdesk - Vendor Resolves? – YES - ADE reports resolution back to LEA – Ticket Closed OR ADE Resolves? – NO - ADE contacts Vendor on behalf of LEA submits ticket to Vendor Helpdesk - Vendor Resolves? – NO - Ticket tracked and reported as available until resolution. 3.2 Basic Maintenance and Support Plan 3.2.a Software Updates Include: • Minor extensions (e.g., bug fixes) to existing software modules, as these are defined and released by ADE. • Major enhancements (e.g., new product features and functionality) which improve the usability of existing software modules, as these are defined and released by ADE. • New software modules representing new functionality, unless ADE establishes separate pricing for the licensing and maintenance of such modules, as applicable. • Changes necessary to maintain or improve interfaces between the ADE Products and other LEA software application systems so long as ADE provided such interfaces to the LEA and the LEA has not altered such interfaces, where applicable. 3.2.b Software Release Management Include: • Advanced notification to the Licensee in the event of any scheduled downtime to perform software updates or maintenance • Written notification of application changes and modifications to screens and code will be provided to Licensee. 3.2.c Support Services Includes: • ADE Staff will be available to answer questions and resolve issues between the hours of 6 a.m. and 6 p.m. (MST) via telephone, e-mail, or web support. This support includes telephone and research time performed by hotline staff, incoming 800 line, and outgoing long distance charges. ADE will also provide e-mail support, which includes a response within 4 hours for non-major outage issues received during regular business hours, and a response by the end of the next business day for issues received outside regular business hours. 16 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT C – SOFTWARE SUPPORT SERVICES • The following days are recognized as ADE holidays. The ADE’s support function will not be staffed on these days: New Year’s Day Independence Day Thanksgiving Day Civil Rights Day (MLK) Labor Day Christmas Day Presidents’ Day Columbus Day Memorial Day Veterans’ Day (If the holiday falls on a Saturday, then it is observed on Friday. If a holiday falls on a Sunday, then it is observed on Monday.) Major Outage 4.1 Definition of a Major Outage A “Major Outage” is defined as one of the following: (i) a complete failure of the ADE Products that results in the inability by LEA to use the ADE Products, (ii) the loss, corruption or unintended migration of LEA Content related to ADE Products, (iii) the loss of an ADE Products function that supports an urgent business process (i.e. report card issuance), or (iv) an ADE Products interface failure that results in the inability by the LEA to use the ADE Products. 4.2 Definition of Response “Response” is defined as contacting the LEA in response to receipt of a trouble ticket and working with LEA to solve the problem. Once a trouble ticket has been documented, updates will be provided to the LEA a minimum of twice a day until a Major Outage (Severity 1 & 2) has been resolved or the urgency level associated with the trouble ticket has been downgraded by the LEA. ADE will work diligently to solve all LEA problems; however, ADE cannot provide any guarantee as to when a Major Outage will be resolved. Severity Definitions Critical Critical production issue that severely impacts your use of the service. Severity 1 The situation halts your business operations and no procedural workaround exists. • Service is down or unavailable. • Data corrupted or lost and must restore from backup. • A critical documented feature / function is not available. Severity 1 issues require the customer to have dedicated resources available to work on the issue on an ongoing basis with ADE Major Major functionality is impacted or significant performance degradation is Severity 2 experienced. The situation is causing a high impact to portions of your business operations and no reasonable workaround exists. • Service is operational but highly degraded performance to the point of major impact on usage. • Important features of the Software as a Service offering are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. Minor There is a partial, non-critical loss of use of the service with a medium-to- Severity 3 low impact on LEA, but your LEA continues to function. Short-term workaround is available, but not scalable. Cosmetic Inquiry regarding a routine technical issue; information requested on Severity 4 application capabilities, navigation, installation or configuration; bug affecting a small number of users. Acceptable workaround available 17 INTERGOVERNMENTAL SERVICE IGSA Number ADED16-LMS2 AGREEMENT EXHIBIT C – SOFTWARE SUPPORT SERVICES 4.3 Response Time for a Major Outage 4.3.a E‐support response time – within two (2) hours. 4.3.b Phone support – within one (1) hour. 5.0 Non-Major Outage 5.1 Definition of Response “Response” is defined as contacting the LEA in response to receipt of a trouble ticket and working with the LEA to solve the problem. Once a trouble ticket has been documented, updates will be provided to the LEA as available until a Non‐Major Outage (Severity 3 & 4) is resolved. ADE will work diligently to solve all LEA problems; however, ADE cannot provide any guarantee as to when a Non‐Major Outage will be resolved. 5.2 Response Time for a Non‐Major Outage 5.2.a E‐support response time – within four (4) hours. 5.2.b Phone support – within one (1) business day. 6.0 Modifications Excluded ADE shall not be obligated to provide support or maintenance services pursuant to this Agreement with respect to any modifications to the ADE Products made by LEA or to any LEA sponsored computer program incorporating all or any part of the ADE Products. 7.0 Access to Data and Computer On request, LEA agrees to provide ADE with printouts of the ADE Products or of data in storage that shows evidence of a programming error. LEA further agrees to provide ADE with access to the LEA’s Application Hosting Site and further agrees to provide sufficient computer time to enable ADE to duplicate the problem, determine that it results from the ADE Products and, after corrective action or replacement has taken place, and determine that the problem has been alleviated. 18