LAKE COUNTY SCHOOLS. Jan 27, Lake County Schools- Regular School Board Meeting 8. NEW BUSINESS-CONSENT AGENDA-HUMAN RESOURCE ISSUES

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1 BoardDocs Pro Page 1 of2 LAKE COUNTY SCHOOLS Agenda Item Details Meeting Jan 27, Lake County Schools- Regular School Board Meeting Category Subject Type 8. NEW BUSINESS-CONSENT AGENDA-HUMAN RESOURCE ISSUES 8.08 Subscription Extension of the SearchSoft Solutions, Inc. License Agreement (Laurie Marshall, Executive Director of Human Resources and Employee Relations) Action (Consent) BACKGROUND and RATIONALE: In an effort to provide an applicant tracking system inclusive of all steps to hire new employees with an interface of electronic forms, the SearchSoft Solutions ATS package has been successfully used in our district for approximately two years. This system has improved and expedited the job application receipt, candidate management and hiring processes. It has been customized to meet the needs of Lake County Schools and the dependency on paper applications to complete some human resources functions has tremendously decreased since acquiring the SearchSoft system. The use of e-forms has made this improvement a reality. SearchSoft Solutions has enhanced the review of applications as well as the screening and selection of applicants for employment in the district. It has provided all district departments and schools with an up-to-date hiring system to streamline the selection of personnel to be employed by Lake County Schools. The system currently holds 12,353 employment applications and 4,319 applications from volunteers. The Human Resources Department has established a collaborative working relationship with SearchSoft, Inc. which has enabled the development of solutions to increase the efficiency and usability of the applicant tracking package and program. This agenda item supports Strategic Area #4 of the School Board's Strategic Plan and is beneficial to the students because high performing and highly qualified employees are essential for delivery and supporting quality instruction. ALTERNATIVES: 1. Approve the subscription extension of the SearchSoft Solutions, Inc. license agreement. 2. Not approve the subscription extension of the Search Soft Solutions, Inc. license agreement. RECOMMENDATION: It is recommended that the School Board approve the subscription extension of the SearchSoft Solutions, Inc. license agreement. FISCAL IMPACT: The cost of the initial year was $30, with the second year provided at no cost. For this subscription renewal, the company has agreed to charge the district $23, for the third year and $11, for the fourth year. This is a savings to the district of $11, for the next two years of this extension. The cost for this renewal is included in the department budget. DATA SOURCE: This agenda item was prepared and submitted to the Superintendent by Carolyn Samuel, Director of Human Resource Services. Any questions or comments should be directed to her at Lake County Public Schools FL SaaS Proposal Revision 10.pdf (44 KB) SearchSoft ASP Terms and Conditions 2014 for Lake County Public Schools FL.pdf (91 KB) Sole Source Letter Lake County Schools FL January 2014.pdf (128 KB) SearchSoft Service Level Agreement for Lake County Schools FL. pdf (377 KB) boarddocs.com/flallake/board.nsf/public 9/15/2014

2 BoardDacs Pro Page 2 of2 Motion & Voting to approve the Superintendent's recommendation of the Consent Agenda Motion by Rosanne Brandeburg, second by Tod Howard. Final Resolution: Motion Carries Yea: Debbie C Stivender, Tod Howard, Kyleen Fischer, Rosanne Brandeburg, Bill Mathias boarddocs.com/fla/lake/board.nsf/public 9115/2014

3 January 12, 2014 Carolyn C. Samuel, Director, Human Resource Services Lake County Schools 201 West Burleigh Boulevard Tavares, Florida Dear Carolyn: In compliance with state rules and regulations, this correspondence certifies that SearchSoft Solutions, Inc., an Indiana company, is the producer and sole-source vendor of the following Application Service Provider services with dedicated K-12 human resources software and implementation services for school districts and state agencies: SearchSoft Applicant Tracking System (ATS) with NCLB Highly Qualified Teacher filter as defined by the Florida Department of Education s rubric. SearchSoft Solutions, Inc. is the only organization authorized to sell, customize, train, or implement the SearchSoft ATS K-12 with NCLB HQT filter as defined by Florida DOE s rubric embedded in the state of Florida. Since ATS is our proprietary intellectual property, SearchSoft Solutions is the publisher, holder of all copyrights, and holder of sole source in the state of Florida for the K-12 software packages listed above. Furthermore, SearchSoft Solutions is the exclusive distributor of these educational software solutions for the state of Florida. Portions of our software products already compliant with Florida DOE requirements are protected by trade secrets and are unique in the market. The unique aspects of our software solution already implemented in numerous Florida school districts include the Automatic Determination by Subject Matter of Highly Qualified Status under the Florida DOE s published rubric for NCLB for Teachers and Parapros, the seamless document integration with Optiview, and the data transfer with the AS400. These software specific titles must be rented or purchased directly by K-12 institutions from SearchSoft Solutions at the following address: 47 South Meridian Street, Suite 307, Indianapolis, Indiana If you desire additional information, don t hesitate to contact Mark VanHooser, Vice President, at (800) ext 114 at any time or visit our website at Thank you for your interest in our software products and services. Yours sincerely, Sandy Sanford Cohen Regional Manager for Business Development 47 South Meridian Street, Suite 307, Indianapolis, Indiana (800) fax (317)

4 SearchSoft Solutions ATS Service Level Agreement SearchSoft Service Level Agreement: This Service Level Agreement ("SLA") describes certain performance and security components regarding the service provided by SearchSoft Solutions. This Service Level Agreement (SLA) applies to Lake County Schools (LCS) as a subscription client for the SearchSoft Applicant Tracking System. This SLA is governed by the SearchSoft contract with LCS. SearchSoft agrees to abide by the terms of this SLA, and requires LCS to do likewise. SearchSoft shall use commercial best effort to provide continuous and consistent service with respect to this SLA. SearchSoft reserves the right to add, subtract or amend the terms of this agreement at any time upon thirty (30) days written notice. Such notice shall be given to the LCS administrator via Service Description: SearchSoft s data center is located in Indianapolis, Indiana. a. Physical Security and Environmental Control: This section describes how SearchSoft protects the hosted services against unauthorized physical access and the threats of fire, power, temperature, humidity and other physical forces. enter is protected by security systems and strictly limited to authorized SearchSoft personnel. Other persons are admitted only on an as needed basis (e.g., to maintain hardware components) and only under SearchSoft supervision. A third party security vendor provides 24/7 monitoring of the facility, the suite and the data center. control provided by a HVAC system which functions independently of standard heating/cooling service of the facility. er protected by a monitored fire prevention system. b. Network Access and Security: This section describes how SearchSoft protects the hosted services against unauthorized network access and the related security measures SearchSoft takes to protect its customers. SearchSoft configures each server with a switched one (1) Gb Fast Ethernet connection. SearchSoft connects to a major telecommunications hub through multiple T-1 lines. SearchSoft supports 256-bit encryption via SSL (our digital certificate is provided by VeriSign/Thawte). Service Level Agreement Page 1

5 SearchSoft Solutions ATS Service Level Agreement c. Data Security: This section describes the significant measures SearchSoft takes to protect customer information and contains important requirements for customers to follow to further enhance data security: authentication. -party, anti-virus software on its front-end SMTP servers which are utilized for the Exchange service. This software is configured to check all messages coming into and leaving the SMTP server (Messages sent between mailboxes on the server are not scanned) for viruses according to the virus-detecting heuristics provided with the software. As a part of the Anti-virus software service, these heuristics are regularly updated. If a virus is detected, the message is deleted and quarantined. No notification is sent to either recipient or sender of the message. servers. SearchSoft servers available for LCS to download. the SearchSoft s tape library. SearchSoft performs full tape backups on a weekly basis and incremental backups daily. Tapes are stored locally in a fireproof/ environmentally controlled safe and in multiple off-site locations on a daily basis. Nightly incremental backups are retained for two (2) weeks. Weekly backups are retained for three (3) weeks. NOTE: Nightly and weekly backups are performed for disaster recovery purposes only. responsible for data loss resulting from the failure or loss of the data storage or backup media. Customer Responsibilities: The following customer requirements enhance data security: days. -five (45) combination of mixed alpha and numeric text. 2. Service Availability a. Coverage Definitions: As used herein, the term "Service Availability" means the percentage of a particular year (based on either 8,760 or 8,784 hours in a year) Service Level Agreement Page 2

6 SearchSoft Solutions ATS Service Level Agreement that access to SearchSoft s data center network, shared hosted applications, fullymanaged customer servers and customer's data is available. b. Guarantee: SearchSoft will use commercial best efforts to provide customers with 99.9% service availability relating to its hosting. Service Availability is calculated by the number of hours the service is available to customers plus the total number of hours, if any, the service is scheduled to be unavailable, divided by the total number of hours in that year. c. Penalty for non-compliance: Subject to Sections 2.d. and 2.e. below, if the Service Availability is less than 99.9%, SearchSoft will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the annual service charge for the affected Services: Service Availability Credit Percentage 99.9 to 100% 0% 98% to 99.8% 5% 95% to 97.9% 10% 90% to 94.9% 25% 89.99% or below 100% d. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: Circumstances beyond SearchSoft's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, tornado, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software or inability to obtain power used in or equipment needed for provision of this SLA; e of access circuits to the SearchSoft Network, unless such failure is caused solely by SearchSoft; or line issues outside the direct control of SearchSoft; ions (or acts or omissions of others engaged or authorized by customer) including, without limitation, any negligence, willful Service Level Agreement Page 3

7 SearchSoft Solutions ATS Service Level Agreement misconduct, or use of the ATS System in breach of the LCS contract with SearchSoft r access to your account. e. Credit Request and Payment Procedures: To receive a credit, the customer must make a request therefore by sending an message to mvanhooser@searchsoft.net. The message MUST include the wording LCS Requests Credit in the "Subject" line. Each request in connection with this SLA must include the dates and times of the unavailability of customer's service and must be received by SearchSoft within ten (10) business days after the end of the calendar month when customer's service was not available. If the unavailability is confirmed by SearchSoft, credits will be applied against the next billing cycle after SearchSoft's receipt of the customer's credit request. Credits are not refundable and can be used only towards outstanding or future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. f. Scheduled Maintenance: To guarantee optimal performance of the Service, it is necessary for SearchSoft to perform routine maintenance on the servers. Such maintenance often requires taking servers off-line and is typically performed during off-peak hours. SearchSoft reserves the right to plan a scheduled outage with fortyeight (48) hours advance notice. SearchSoft will use commercial best efforts to schedule these outages at non-peak hours and limit their occurrence to strictly necessary upgrades and required maintenance. Scheduled outages are posted on the web page or an to the designated administrator of each customer. It is the responsibility of the LCS administrator to notify all persons within their organizations of scheduled outages. 3. Billing inquiries: Billing inquiries must be sent to mvanhooser@searchsoft.net. 4. Business Continuity Provision: In the event that SearchSoft is unable to continue service to Customer, SearchSoft will use commercial best effort to provide no less than two (2) weeks of interim service. During this period, SearchSoft will provide access to and at no cost the most current data backups, as well as all necessary information, including application code, settings and utilities, in order to facilitate a transition of Customer's service to another provider or in-house implementation. Service Level Agreement Page 4

8 SearchSoft Solutions ATS Service Level Agreement ATS Software Escrow Software escrow means deposit of the SearchSoft ATS' source code into an account held by a third party escrow agent. Escrow is typically requested by a party purchasing the ATS software. SearchSoft will work with LCS when you purchase the ATS software to find a mutually agreeable escrow agent. The cost of the agent is the responsibility of LCS. The software escrow agreement will state what events result in release of the ATS code to LCS. These factors may include: SearchSoft filing for bankruptcy SearchSoft breaching the license agreement SearchSoft failing to provide maintenance as agreed SearchSoft fails to maintain and update the software as promised in the contract SearchSoft going through a merger or acquisition resulting in a new licensing entity Once the ATS software is purchased, the software escrow agreement is normally a three party contract that governs the procedures and terms of the escrow process between SearchSoft, LCS and the escrow agent. Usually, the software license agreement will contain a clause that states that the parties agree to escrow and will execute a separate agreement to cover those terms. The software escrow agreement will outline the procedures for the deposit and handling of the code by SearchSoft and the escrow agent, including what will be deposited (for example, updates) and how often the deposits should occur. Service Level Agreement Page 5

9 SearchSoft Solutions, Inc. Terms and Conditions (Subscription) Definitions This contract pertains only to SearchSoft Solutions, Inc. (SearchSoft) and The School Board of Lake County, Florida (LICENSEE) specified in the attached document titled Investment Summary Amendment to Terms and Conditions (Subscription) (AMENDMENT). This contract and the AMENDMENT specify the terms and conditions under which the LICENSEE agrees to use, and SearchSoft agrees to provide, the Applicant Tracking System (ATS). Use of the ATS involves concurrent user licenses (USER LICENSES), each of which is defined by a unique user name and password combination granted by SearchSoft. The terms of the available support and maintenance agreement are stated in a separate document: Annual Support Plan Terms and Conditions (Subscription) (ANNUAL SUPPORT PLAN). Term of Agreement This agreement shall be effective on the annual renewal date of this contract and continue through the next successive twelve month period of the initial anniversary date of the original contract. This agreement shall be automatically renewed on a yearly basis. Product Applicant Tracking System SearchSoft will provide the LICENSEE with access to the ATS, an electronic job application and workflow program that will function through the LICENSEE S web-site. SearchSoft will also provide USER LICENSES in the amount specified, and any additional services as detailed in the AMENDMENT. The LICENSEE will pay for each USER LICENSE and any additional services as detailed in the AMENDMENT. The LICENSEE will purchase at least one (1) USER LICENSE for every school and administration building in the district. The LICENSEE agrees to grant access to the ATS only to those individuals who have reason in the normal course of their employment with the LICENSEE to use the ATS. The LICENSEE will restrict the use of each individual USER LICENSE to the staff of a single district building. The LICENSEE agrees not to transfer any copy of the ATS software and/or documentation to any person or entity without the written permission of SearchSoft. The duration of this contract shall be from the date of issuance of the purchase order by the Board of Education for The School Board of Lake County, Florida. The parties can renew this contract for succeeding fiscal years as long as both parties approve renewal during the fiscal year in which renewal is sought. Application Forms Customization The LICENSEE S logo and name will be added to certified and classified job application forms. At the LICENSEE S request, the standard electronic job application forms will be modified by removing existing questions and/or adding additional questions from an existing list of optional questions. Training, Support and Maintenance Training Training will be conducted with on-site sessions by a member of the SearchSoft training staff or by a certified SearchSoft trainer. Training must be conducted in a computer lab of your selection. All documentation is included in the training cost. All travel and living expenses associated with training are included in the on-site training cost. Training for the ATS is required. Support and Maintenance SearchSoft Solutions, Inc. 1 of 3

10 To be eligible for support and maintenance, an individual must have received training from SearchSoft or a certified SearchSoft trainer. Support and maintenance will be provided according to the terms stated in the ANNUAL SUPPORT PLAN. Should SearchSoft personnel spend time providing support or maintenance in response to a problem whose cause is deemed to be other than a fault in the ATS or work previously performed by SearchSoft personnel, the LICENSEE will be charged the standard hourly rate ($ per hour) for services rendered. Service Level Agreement (SLA) The LICENSEE is covered by a Service Level Agreement defining SearchSoft s commitment to service. The agreement is detailed in the attachment. Invoices and Payment Terms SearchSoft agrees to be in full compliance with the Florida Statutes. Any late payment of an invoice will be governed by the rules of the Florida Statutes, and any late payment terms including rate of interest will be in compliance with these statutes. The LICENSEE will be invoiced in full following the receipt of a Purchase Order. The LICENSEE will be activated within thirty (30) days of Purchase Order receipt. Payment is due thirty (30) days following account activation. An annual renewal invoice will be sent one (1) month prior to the end of each paidfor subscription period. Subscriptions whose invoices are not paid within ninety (90) days of posted date will be deactivated pending payment. Ownership All data that enters the ATS through the LICENSEE S web-site will be the property of the LICENSEE. Such data will not be disclosed to any party other than the LICENSEE without the written permission of the LICENSEE. In the event of a termination (see: Termination of Contract) of the contract between the LICENSEE and SearchSoft, data owned by the LICENSEE will be returned to the LICENSEE. All other aspects of the SearchSoft ATS, including designs, technical data, ideas, concepts, inventions, know-how, software, and associated documentation developed by SearchSoft, as well as all copyrights, patents, trade secrets or other intellectual property rights remain the sole and exclusive property of SearchSoft. By entering into this agreement, SearchSoft and all employees will not knowingly disclose any proprietary information, defined as source code, to any parties other than those specified in this agreement. Likewise, the LICENSEE and all employees or those entrusted with SearchSoft, will not knowingly disclose any proprietary information about the Applicant Tracking System beyond the scope of this agreement. Enterprise License Any district that has procured at least one SearchSoft ATS license for every elementary, middle/intermediate, and secondary school is eligible to select the Enterprise License option. Since The School Board of Lake County, Florida is in compliance with this requirement, your district will receive unlimited SearchSoft ATS named end user licenses. Data All data will be stored in secure databases at the SearchSoft site. This data and information will be safeguarded by SearchSoft to the same extent that SearchSoft safeguards like information relating to its own business. The applicant data will be kept in strict confidence and will not be used to cause harm or be used against an applicant or the LICENSEE in any manner. Should SearchSoft and the District choose to discontinue their working relationship, SearchSoft will transfer all applicant and job data to the District. The District is the sole owner of its data. SearchSoft Solutions, Inc. 2 of 3

11 Termination of Contract Either party may terminate this agreement upon fourteen (14) days written notice to the other. Upon termination, SearchSoft will reimburse the LICENSEE based on the number of complete months remaining in the contract. The LICENSEE will receive 1/12 th the annual subscription price for each complete month remaining. Price and Term Guarantee All prices and terms quoted in this document to The School Board of Lake County, Florida and the AMENDMENT is guaranteed through January 31, Further, SearchSoft guarantees that our pricing to the district will not increase for a period of sixty (60) months commencing on January 2, Jurisdiction Any legal matters arising from this agreement will be governed by the laws of the State of Florida and the jurisdiction of the civil courts in Tavares Florida. Investment Summaries (AMENDMENT) The following exhibits are attached that represent the investment by the LICENSEE: SearchSoft Investment Summary Service Level Agreement (SLA) These Investment Summaries will generate invoices for the particular period of time and will terminate on the anniversary date of your purchase order of each ensuing year or as so determined by LICENSEE. SearchSoft Solutions, Inc. 2 of 3

12 Investment Summary (Amendment) SearchSoft solutions will provide School Board of Lake County (LICENSEE) access to the Applicant Tracking System (ATS) according to the terms set forth in this document and in exchange for compensation as detailed below. SearchSoft Application Tracking System with eforms for School Board of Lake County ASP MODEL: SearchSoft ATS User Licenses with Administration, Maintenance, Optimizations, and Warranty, including: Administrative eapplication Instructional eapplication Noninstructional eapplication Internal Transfer eapplication Substitute Teacher eapplication Summer School eapplication Volunteer eapplication SearchSoft HQ/NCLB Florida Rubric for Teachers & Paras Enterprise License - Unlimited Named User ATS Licenses Data Interoperability / Data Transfer to AS400 TERMS Data Interoperability / Aesop Data Interoperability / Optiview erecruiting & Job Fair Module ereference Module Hiring Analysis Form with Interview Questions & Score sheets Ineligible Applicants Qualifications Module with Hurdle Scores (Supplemental eapplication) ereports Module with Downloadable Database) Veterans Preference Documentation $16,400 ASP MODEL: SearchSoft eforms Base System with eportfolio, Workflow Administration, Maintenance, Optimizations, and Warranty, including: Request to Hire eform for Certified & Classified Request to Post eform for Certified and Classified Onboarding Module (up to Twelve eforms) $7,000 On-Site Training $1,750 0 days N/A Training is delivered on-site in a computer lab environment. Price for training includes travel and living expenses. On-Site Business Process Consulting $1,750 0 days N/A Price for on-site consulting includes travel and living expenses. Total Annual Subscription: $23,400 Total ONE-TIME Professional Services / Training Charges: N/A Total Amount Due (Third Year): $23,400 Total Amount Due (Fourth Year): $11,700 Price and Term Guarantee The prices and terms quoted in this document are guaranteed valid thru January 31, Contract Agreement SearchSoft Solutions agrees to provide the services as described, and to abide by the terms specified in this document in exchange for compensation specified in this document. Representative of SearchSoft Solutions: Sanford Cohen, (850) or (845) [Mobile] The LICENSEE agrees to authorize SearchSoft Solutions to provide the services as described, and to abide by the terms specified in this document, in exchange for compensation specified in this document. On behalf of the LICENSEE, I accept the terms of this contract as stated. Responsible Party: School Board of Lake County Billing Address: 201 W. Burleigh Boulevard Tavares, Florida Purchase Order Number: The original Purchase Order and Signed Agreement page to be sent to: Once approved, please FAX this document with purchase order to (317) SearchSoft Solutions, Inc. Mark VanHooser, Vice President Attn: Mark VanHooser, Vice President Office: (317) x South Meridian Street, Suite 307 Mobile: (317) Indianapolis, IN FAX: (317) Tax ID: mvanhooser@searchsoft.net Company Approval: Company Signature: Sanford Cohen Sanford Cohen Investment Summary not valid until signed Thank you for your business. We look forward to continually working with the School Board of Lake County to ensure your vision is achieved. Prepared by Sanford Cohen 12/20/2013