HomeMy WebLinkAbout15-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 15-19
File Number: 2018-0773
NEOGOV ANNUAL SOFTWARE MAINTENANCE:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE
FROM GOVERNMENTJOBS.COM, INC. D/B/A NEOGOV FOR THE CITY'S HUMAN RESOURCES
SOFTWARE IN THE AMOUNT OF $24,707.03 PLUS APPLICABLE TAXES
WHEREAS, the City has utilized the NeoGov's human resources software since 2010; and
WHEREAS, state purchasing laws exclude software maintenance from competitive bid requirements
and staff has determined that continuing to use NeoGov's software would provide the best value to the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign the Order Form attached to this Resolution for the purchase of annual software maintenance
from GovernmentJobs.com, Inc. d/b/a NeoGov for the City's human resources software in the amount
of $24,707.03 plus applicable taxes.
PASSED and APPROVED on 1/15/2019
Page 1
Attest:
Sondra E. Smith, City C��snt'�:
• GST Y 0'r ;S� ��-
f'AYEI7EVILLE;�
`r���<<I11111►►� 1116119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
` 1 (479) 575-8323
Text File
--- File Number: 2018-0773
Agenda Date: 1/15/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
NEOGOV ANNUAL SOFTWARE MAINTENANCE:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE
FROM GOVERNMENTJOBS.COM, INC. D/B/A NEOGOV FOR THE CITY'S HUMAN
RESOURCES SOFTWARE IN THE AMOUNT OF $24,707.03 PLUS APPLICABLE TAXES
WHEREAS, the City has utilized the NeoGov's human resources software since 2010; and
WHEREAS, state purchasing laws exclude software maintenance from competitive bid requirements and staff
has determined that continuing to use NeoGov's software would provide the best value to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
the Order Form attached to this Resolution for the purchase of annual software maintenance from
GovernmentJobs.com, Inc. d/b/a NeoGov for the City's human resources software in the amount of
$24,707.03 plus applicable taxes.
City of Fayetteville, Arkansas Page 1 Printed on 1/1612019
Keith Macedo
Submitted By
City of Fayetteville Staff Review Form
2018-0773
Legistar File ID
1/15/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/21/2018 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
Approval of an annual maintenance renewal form for NeoGov's Applicant Tracking and Performance Evaluation
Software Maintenance pursuant to the exiting City of Fayetteville NeoGov agreement.
1010.120.1220.5416.00
Account Number
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
General
Fund
Project Title
Current Budget
$
Funds Obligated
$
Current Balance
Item Cost
$
Budget Adjustment
Remaining Budget
�-
40,110.00
14,400.00
24,707.03
L,UUL.7
VZU76UJZ7
Previous Ordinance or Resolution # 215-17
Approval Date:
CITY OF
FAYETTEVILLE
W4W ARKANSAS
MEETING OF JANUARY 15, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Michele Bechhold, Assistant HR Director
CITY COUNCIL MEMO
FROM: Keith Macedo, Director of Information Technology
DATE: December 21, 2018
SUBJECT: Approval of an annual maintenance renewal form for NeoGov's Applicant
Tracking and Performance Evaluation Software Maintenance pursuant to the
exiting City of Fayetteville NeoGov agreement.
RECOMMENDATION:
Staff Approval of an annual maintenance renewal form for NeoGov's Applicant Tracking and
Performance Evaluation Software Maintenance pursuant to the exiting City of Fayetteville
NeoGov agreement.
BACKGROUND:
The City initially contracted with NeoGov, on December 16, 2010, to provide applicant tracking
and online job posting software in the amount of $7,000.00 per year. The City added NeoGov's
job performance evaluation software, in the amount of $12,000.00 per year, on December 20,
2013. Both of these contracts were administratively approved since the total cost of the annual
contract was less than $20,000.00. Since 2013 the City has paid NeoGov $19,000.00 per year
for their applicant tracking, online job posting, and performance evaluation software. Although
NeoGov's 2010 and 2013 service agreement contracts both contained price increase clauses
per service agreement, NeoGov did not increase their prices until 2017. City Council approved a
renewal agreement with NeoGov on October 17, 2018 per resolution 215-17.
DISCUSSION:
The attached renewal is subject to the terms within the existing service agreement contracts
and quotes a new renewal rate, in the amount of $24,707.03. Per the existing service
agreements, NeoGov can request an increase in annual maintenance, which is capped per
service agreement term. Staff reviewed the increase in annual maintenance, contained within
the attached renewal form, and verified it falls within the service agreement terms.
BUDGET/STAFF IMPACT:
Staff recommends approving the NeoGov applicant tracking and performance evaluation
software renewal amendment in the amount of $24,707.03, with a 5% escalation per service
agreement term, as documented in the service agreements. Annual software maintenance for
NeoGov is funded within the General Fund Human Resources division operating budget.
Attachments: Staff Review Form, Staff Review Memo, Renewal Form, NeoGov Agreements
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
f- -k .,.
N EO
EXHIBIT A — ORDER FORM
Customer & Customer Address: Hill To [i( different [Iron Cum omrr Address):
Keith Macedo, CGCIO
Inlonnanon Technology Director
City of Fayetteville. Arkansas
Description' Non-Recurriniz Fees
Quote Date:
Valid To: Today plus 30 days
Initial Term: 12 Months from the date of exectnion of this Aur"ment.
12/16/2018— 12/15/2019
Billing Frequency: Annual
Line Description'
Initial Annual Recurring Fee=
1. Insight Enterprise Edition (IN) Subscription
Training
$11.177.03
2. GovernmentJobs.com .lob Posting Subscription (GJC)
Setup and Im plementation
3, Perform (PE) Subscription
Trainin
S13,230.00
$. Onboard ON Subscription
Setup .and Im plerncntat inn
5. Learn LE Subscription
Training
6 NEOGOV Integrations Subscription
9.
Learn LE
Sub I_r,[al
S2I:?07.03
Nan -Recurring l=ees
Line
Description' Non-Recurriniz Fees
NLOGO V Services
6.
Insight (IN)
Seto and Implementation
Training
7.
Perforin (PE)
Setup and Im plementation
Trainin
8.
Onboard (ON)
Setup .and Im plerncntat inn
Training
Onboard form building as Professional Service
9.
Learn LE
Setup and Implementation
Training
10.
NEO[iOV Inle rations
Setup and Conti oration
'f i! Sub Total: N/A
Order Tolal: S24,707.03
'Items designated as Not Applicable, N/A or NA on the Order Form are not included in the Services. Customer may request a quote for these items at their
discretion throughout the Term.
2 The annual recurring Pecs for a Renewal Term are subject to increase pursuant to the Agreement.
1. Dcscripliol ofS ryteet
(a) Insight I:nterlarise_UNI. Insight Enterprise (IN) is designed to address five major areas of human resource activities including recruitment, selection,
app' (cant tracking_ reporting and analysis, and I I R automation. As described below, Insight Enterprise (IN) enables agencius. Io post class sfrecili,atiof's
online, postjeth an no Lill ceMerits on Customer websites; accept online applications, condfw1appIicant tracking including EEO and ❑thcrstausticaI amilysis,
create email/hardcopy applicant notices, complete item analysis, create/routdapprove mquisitians and hire actions online, and centiy eligible lists
electronically, A Subscription to Insight Enterprise (IN) will include the following:
Recruitincnl:
Onlinc,job application
• Configurable Career site
• Automatic onlme.lob interest cards
• Recruitment and csaniination planning
Annlicatit 7rttekine:
�• Eniail and hardcopy notifications
• EI:O Data collection and reports
Selection:
• Configurable supplemental questions
• Define unique automatic scoring plans
• Test analysis and pass -point setting
• Score, rank, and retcr applicants
RMptl P slid A i tat tis-
• 90 standard system reports
• Ad hoc reporting tool
I'aee I of -1
• Track applicants by step/hurdle
• Schedule written, oral, and other exams
• Candidate self-service portal for scheduling and application status
Career I>g es .
• NEOGOV will provide the URLs for the Career Pages, which the
Customer will use to advertise on their website. Customer will need
to change the IP addresses for the following three Customer website
links (NEOGOV will provide the new link addresses):
• Job openings
• Promotional job openings
• Transfer .lob openings
• Class Specifications
• Job Interest Cards
Qpticit Onwgratg ions:
• Customer may export data from and to Insight Enterprise (IN) to
integrate with other systems. Specifications regarding optional, for
cost, NEOGOV integrations can be made available to Customer,
including:
■ Configure New Hire Export Interface
• Configure Position Control Import Interface
■ Class Spec Interface
• Employee Integration
• As part ofeach such integration, NEOGOV shall:
• Conduct project scope, review integration plan, discuss
timeline, and set schedule for required meetings.
• Provide Integration Worksheets and/or guides.
NEOGOV"'
"'
HR Automation:
■ Automatically route job requisitions and hire actions for approval
• Automatically score and pass/fail applicants based on scoring
plans
• Automatically email users when there are candidates sent to them
for review
Automatically email jobseeker job interest card notices for jobs
posted on the main job openings page
Insight'rrainine:
■ NEOGOV will create a Customer -specific training environment
for Insight Enterprise (IN), which is used by Customer during
training and afterwards to train in prior to moving into production
• Customer will have full access to the demo/training environment
setup for Insight Enterprise (1N),
• NEOGOV training is available online (web -based, pre -built,
content) unless otherwise proposed as included in the Order Form.
• NEOGOV's pre -built, online training consists of a series of web
courses as well as a series of hands-on exercise designed to
introduce the standard features and functions and may be used as
reference material by the staff following training to conduct day-
to-day activities. The pre -built, online training includes exercises
that are designed to be flexible enough to allow Customer led
training sessions internally to introduce user -specific
requirements and processes for staffto learn the system as closely
as possible to the customer's actual recruitment processes after go -
live.
(b) w tJobs. com Job Piming Subscription. A subscription to GovernmentJobs.com .lob Posting Subscription will include the following
functionality:
• Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website.
■ May add an unlimited number of postings
• Note: Jobs advertised on the promotional and transfer webpages are not advertised on GovernmentJobs.com as these are typically for internal
employees.
(c) Perform (PE). Perform (PE) is designed to address the major areas of human resource activities centered around employee performance management.
As described below, Perforin (PE) includes built-in workflow for business processes, configurable tasks, performance evaluations and reports. A
subscription to Perform (PE) will include the following:
• Configurable Performance Evaluations
• Ability to build Library of Goals, Competencies, and Writing Assistants
• Shareable Competency Content
• Development Plans
• Configurable Process Workflows
• Scored and Non -scored Rating Scales
• Log of Performance Observations throughout the year
• Peer Reviews & Multi -rater capability
• Configurable Email Notifications
• Automatic Evaluation Creation
• Ability to perform actions in bulk for Employees & Evaluations
(d) Onboard (ONI. Onboard (ON) is designed to facilitate the onboarding process for new hires. As described below, NEOGOV maintains standard forms
as part of the annual subscription, Agencies shall maintain any custom forms created by Customer. A subscription to Onboard (ON) will include the
following functionality:
• Electronic Employee File of Onboard forms
• Federal 19 and W4 forms
• Checklists of tasks to create specific Onboard process by position, department, division or class spec
• Configurable new hire portal
• Ability to promote, rehire and offboard employees (task assignment based on new position)
• Global forin bank
• Configurable Email Notifications
• Automation of Onboard process
• Build your own Onboarding forms. Onboard (ON) includes Federal 19 and Federal W4 forms which are updated as new versions are released
Additional forms or form maintenance is available from NEOGOV at the following cost:
• Background forms $295 per form
• Dynamic Forms $195 per form
• Updates to existing forms $200 an hour
(e) Learn (LE). Learn (LE) is designed to provide a seamless experience for organizations to train and develop employees LE addresses the critical need
of organizations to ensure completion of required trainings By tracking both in-person and online (raining in one central place, organizations can improve
employee perrormance and safely and reduce risk and liability claims. A subscription to Learn (LE) will including the following:
• Create, schedule. enroll learners in. and track completion of online and in-person, classroom trainings
Pa_�c 2 of 4
NEOGOV"'
• Ability to upload SCORM course content tiles
• Certificates after course completion
• Learner transcripts & class rosters
■ Course catalog with configurable categories for learners to browse
• Centralized dashboard that displays all required and elective trainings (online and in-person) that employees are enrolled in
r Hundreds of `off-the-shelf' online courses
• Learn Setup and Implementation will include the following activities:
• NEOGOV will work with Customer staff to understand the existing processes, as well as other workforce business practices, where
applicable.
• NEOGOV will establish Customer's production environment
• All NEOGOV products will be implemented off-site.
(f) NEOGOV Training,
• NEOGOV training is available online (web -based, pre -built, content) unless otherwise proposed as included in the Order Form
• NEOGOV's pre -built, online training consists of a series oftutorials to introduce the standard features and functions and may be used as reference
material by the staff conducting day-to-day activities.
(g) NEOGOV ImplenteilistLi r1. The following activities will be conducted as a part of the Services:
• Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations.
• NEOGOV will work with Customer staff to understand the existing processes as well as other workforce business practices where applicable.
• NEOGOV will establish Customer's production environment.
• All NEOGOV products will be implemented off-site. Customer may integrate NEOGOV solutions with other systems using standard NEOGOV
integration tools, export data from Insight Enterprise (IN) using web services and/or flat files to integrate with other systems, but the
specifications and scope must be defined prior to agreeing to a timeline or price.
• Following NEOGOV product rollout, NEOGOV and Customer will confirm the rollout was completed successfully and that any production
questions are addressed promptly
(h) NEOGOV Intearntions.. NEOGOV offers Standard Integrations as well as platform APIs for third party system integration(s). A subscription to Standard
Integrations includes the following:
• Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings
• Annual maintenance by NEOGOV
• Employee import and export
• Department division position import and export
• Note: NEOGOV APIs are to be configured directly by Customer staff using NEOGOV documentation. If required, professional services may
be included by NEOGOV to help define and validate scope, business requirements, timelines, and associated costs (if applicable).
2. Order Form Terns.
(a) PaMenLTcrgI4. Customer will pay all Fees set forth in the Order Form or SOW in accordance with the following: (i) NEOGOV Fees are invoiced
annually in advance and NEOGOV may invoice all Fees due under this Agreement in one invoice for each invoice period; (ii) invoices shall be delivered
to the stated "Bill To" party on the Order Form (iii) Customer shall pay NEOGOV the applicable fees (collectively, the "Fees") within the applicable
time periods as follows:
(A) Customer shall pay all annual recurring Fees (including for any NEOGOV Integrations) for the Initial Term within thirty (30) days of the date of
Customer's execution and delivery of this Order Form;
(B) Customer shall pay all training Fees within thirty (30) days of the date of Customer's execution and delivery of this this Order Form;
(C) Customer shall pay all setup and implementation Fees within thirty (30) days of the date of Customer's execution and delivery of this this Order
Form;
(D) any other Fees owed by Customer to NEOGOV pursuant to this Agreement shall be paid by Customer within thirty (30) days of Customer's receipt
ofNEOGOV's invoice therefor;
(E) Customer shall pay all annual recurring Fees (including for any NEOGOV Integrations) for any Renewal Term within thirty (30) days of Customer's
receipt ofNEOGOV's invoice therefor.
NEOGOV may, in its sole discretion, increase the Fees for any Renewal Term. NEOGOV shall provide Customer with written notice of any such Fee
increase at least sixty (60) days prior to the coin inencement of such Renewal Term. Upon execution by Customer and NEOGOV, each Order From and/or
SOW is non -cancellable and non-refundable except as provided in this Agreement, and the Term as set forth in the Order Form for NEOGOV
subscriptions is a continuous and non -divisible commitment for the full duration of the Term regardless of any invoice schedule.
(b) Online $er gi Agreenlenl. This Order Form is an attachment to and part of that certain Online Services Agreement (the ILAgreemcnl") by and between
NEOGOV and Customer Terms not defined in this Order Form shall have the meanings set forth in the Agreement. THERE ARE SIGNIFICANT
ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE
AGREEMENT. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS READ THE AGREEMENT IN ITS ENTIRETY AND
AGREE TO BE BOUND BY ITS PROVISIONS.
(c) !'ITeeyveness. Neither Customer nor NEOGOV will be bound by this Order Form until this Order Form has been signed by authorized representatives
of both parties
(d) Mndil ca r ns. This Order Form may not be modified or amended except through a written instrument signed by the party to be bound
Pnuc 3 oh -1
NEOGOV'M
IN WITNESS WHEREOF, the parties have caused this Order Form to be executed by their respective duly authorized officers as of the date set forth
below.
.Customer:
Signature:
Print Name:
Title:
Date:
'1
j-&�Vq
NEOGOV: Governmen7�z
Signature:
Print Name: hn Closs
Title: Controller
Date: 12/26/2018
Pae 4 of'4
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
NIA
City Council Meeting Date
Agenda Items Only
Missy Leflar Human Resources Finance & Internal Services
Submitted By Division Department
$12,000
Job Applicant Software
Cost of this request
Category I Projoct Budget Program Category I Project Marne
1010.1220.5209.00
�.
Account plumber
Funds Used to Date Program I Projert Catagory Name
General Fund
Project Plumber
BudgBted Item
Remainiriy Balanoe Fund Name
Budget Adjustment Attached 0
Department Director Date
I ,
City Ata- G� Date
ca-_
Financeand Internai Services Director Date
Previous Ordinance or Resolu0on #
Original Contract Date:
Original Contrart Number_
Received In City 12-16-1 ,)P(13:22
RSV p
Clerk's Office j ) k. n
Chief of [, I Date
` Received in
� twfayar's Office
Ma,
Commerts:
Revised January 15, 2009
Service A reemenf
T! Cy_Y-LM- 9EAVIChS AGLL M HUNT (dii4'`Apvhncnf l is naddo ruxsl ma -TLA into. Eli* RIO. _ dly of
2010, by and betwuLn Governrnent,lobsr Wm�k Inv-, a California corperratiolt
''_ J-OGOV" j, and Cllr- Citi} of Fayetteville, Arkansax a public entity acting by and through its duly appointed
representative ("Camonier" ).
1. .k'r4vfSipll aIi]n-lir3e �ervicps_
(a) Custom r hereby onipacs NF.OGTOV, and NF.:OGOV hereby agrees (subject to tate Trans and coudirions set
frith herein), to provide the services (the `'Services") inore fully described in this A,greentent and in Lxh-N1 A
(Order Form). Cusinmtr hereby adniowledgm, and agrees that NF.OGOV'c provision and performance of the
Scrviccs N dcpcndcut and conditioned upon Customer's full performance of its duties, obligations arid
responsibilitit:s hereunder.
3. Additional NF;O(;OV Res onsibil,ities. In connection with the perfortniw ee of This Agreeanertr, NE -060V
~hall be responsible for the follou•in'g:
(a) NEOCOV :shall provide all required hosting and operation~ support for the applications provided through this
agrm,rnunt.
(b) N.LOGOV shall follow the}tic support, maintenance and other pooedu s and shall provide those support,
maintenance and other services to t.ustc)mcr more fully dcseribLd in this hgrecment.
3. Customer ke9wilsibiiltlei_ Lu comiectian with the performance of this . brmcmcnt and the provision of the
Services, Cu stonier shall be responsible for the following:
(a) C:usioinef shall be responsible for ensuring that Customur's use of the Services and the performance of
Omwmer's other obligations hereunder comply with all laws -applicable to aLstomer.
(b) Cumorner shall he responsible, as betwmi N-DOGOV and Customer, for the accuracy and e-unplctcness of all
records and databases provided by Customer in connection wide this Agneentettt for cine on NL'OGOV's s}:socia.
4. OwnerKhlp, Protections and 5eeuirl .
(a) Ownership (if auv braphicti; text, data Or other infcrrmatiO3z or convent inaterials and all records and databases
,supplied or furnished by C,'u.%toincr bereunder for incorporation itito or delivery Through the. applicirion(s) described
in Lbis arc cirncnt shall remain .with Cikstoirier, ;end tiiFOCTOV shall cease Im. of all such ntaterial upon terntittation
(If this AjP7CC1ncnt_
(b) C'uslorner xoknowledgcs and agrees that nothing in this Agreement or any other agr".inent araats Customer any
lice-mia ur ulhtT rivhts with rc-,pect to NF.00TOV's software systc m (,%ounce code or object code) otkter than the right
t0 receive Services as expressly providcd licrtiin_ NFOC.MV shall u2tain all owrtersbip its the intellectual property
trod tell Mier proprietary rightts and intcrcyts associated with NF.QCTQV's software syatein and Sen ices and all
cumponcnl, then of and xsstsciatcd documentation, except a5 zxpt :sly ptnvided hemin.
(e) Ni ()GOV �TanLs Lo Lu:tLoinur a limited licca -e (luring the tern of this ,Agr"..=.jit to use and repl'oduce
Ilb.C1GOV's tradcmarks and logos for purposes of including such TrademaljCB and logos alt Aveilisinp and publicity
materials taxi links solely as perrnitt�d Hereunder. All i1se,$ of such trademarks and logos shill Goflforrn to
Custontcr's standard puidclincY and requirements foruse of such trademarks and logos.
NEOGOV, Inc.
Proprietary and Confidential Wage 1 of 8
5• NF.0Cx0V Reoresentutiocs and War•rantiea_
(a) Sa vice Perfornwnce ;Farvanly. NEOGOV warl'ailts that it hi 11 perform the Services in x manner t.onsild=
with industry standards reasonably applicable to the performance thereof.
(b) No Odder Tfatranty. EXCEPT FOR TIIE EXPRESS WARRANTIES SFT FORTH TJX THIS SFC TION 5,
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CTJST01v1FF'S USF. OF THE SFRVIC ES TS
AT ITS OWN RISK, NEOGOV DOES NOT IYLAKE, AND IIEREBY DISCLAIMS, ANY ANT -D AT.T. OTITFR
EXPK.E.SS ANDIOR LMFL LD WARR.A:N'1ILS, INCLUDING, BUT NOT LIMITED TO, N ARRANTikS OF
IVILkC HANTABILIT'Y, FITNESS FOR A PARTICULAR PURPOSE, NONIN-FRINGEIw1.EN T AND TTTT.F.; AN]]
ANY WARRAN'fIL•S ARISING IROM A COURSE OF HEALING, USAGE, OR TRADE PRACTICE.
NEOGOV DOLS NOT WAP2_AN1 '1'Il.A'r S'l jr SURVICES WILL BE UNINTERRUPTED, ERROR -FREE; OR
CONI PLl~, FELY SLC LJRL.
(c) Dfscl aimer of Actions Caused by raniVor Under dhe C.onsrol of Third Pansies_ NEOGOV DOES NOT AND
C:AVNO.1' C0N"I'ROL IAE- r•LOtV Of' DAI A TO OR FROM TUE NEOGOV SYSTEM ANIS OTHER
POR IONS 01; TRE IN''1''LRIti'1`T. SUCH TLOW DEPENDS E- LARGE PART ON TIIE PERF'ORINIANCF OF
1N'1Ei?NIr1' SU-RVICLS PROVWED OR COislrROLLLD BY TIIIRD PARTIES, AT TIMES, ACTIONS OR
1NAC'n0N8 OV SUCK '1'AMI) PAR7IIES CACI IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO
THE 1NTE.i2NE1 (Ok P0kIIONS '1'1- ERLOi:), ALTHOUGH NEOGOV WILL USE COMMERCIALLY
REASONAE3LL L -'l i-*OKI'S 'i'0 '1'AKL ALL AC"L1ONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID
SUCA EVENTS. NZEOGOV CANNOT GUAP ATTTEE THAT SUCH EvTNTS WU_.i. NOT OCCUR.
ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABII.ITY RF,SLI.TING FROAI OR RFI.ATFD TO
SUCH EVENTS.
6. FE il)tioitv. Follow=ing exccu ion of this Agreement, the partiea hereto nray issue a press; release; the form and
substance of whicb slu l be inutually agreeable to the lrardeS, annou31611g the rclatiomhip creawd by thio
Agreeineiit. Except as expressly contemplated herein, neither party shall ixsuc any additional pres.4 Tclease which
mentions the other party or the transactions contemplated by this AUccincnt wid-lout the prior aonst-nL of the othtr
party, Which conseirt shall lint be unrea5onal)1y urithlicld.
7. Nontdiyelowye_ Through exercise of each party`% r�ights Luidcr this APINsrriMIL, each party may be exposed to
the othcr party'4 tccluiical, financial, bWdncs-.t, marketing, planning, mud other information and data, in written, oral,
electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written
communications of one party tvkh Lhe offrccn, arid stftff of the o€her parry which are marked or identified as
corifrdeutial ar scuwL or similarly marked or identified and (ii) other communications which a reasonable person
would rcco *},Flint from the surmundiug fael3 and circrmislances ro be confidenrial or secret ("Confidential
Information") and trade Secreta In rresognition of the odier party's need to protect its legitirmte business interests,
each party hereby coveriants and fipws rhat it sl><ilt regard and rreat each item of iiifortmition or data constituting a
trade secret or Confidential information of the other pfu-ry as strictly confidential and wholly owned by such other
party and that it wiU nor, without the express prior writreai consent of the other party or except as required by lave
iWILtding the freedom oflnformation Act ofthe State of Arkansas, redistribute, market, publish, disclose or divulge
Lu any other person, firm or entity, or ase or modify for use, directly or indirectly in any way for any persou of
endty, (i) any of the other party's Confidealtial Information during the term of this Ag�remert and for a period of-
thrz® (3) ;nears after the termination of this Agreement or, if later, frown the last date Services (inctud ig any
Warrant work) are performed by rhe disclosing parr; hereunder; and (ii) any of the other parry's trade secrets at a 11
time daring INhiCh such inforinarion shall constittite. a trade secret under applicable law.
K. Liability Lim]hations.
(a) if prouiptty notified in Ariiitig of any action broughr against Customer based on a claim that NEOGOV's
5crvicts infringe a UniLed Slates pfLLent, 4_10pyright or trademark right of a Third party (except to the extent such
claim or infringcrnenl rclatcs to any third party software incorporated uiLo NEOGOV+-s applicadons), NEOGOV will
defend Yucb action at its expense and All pay any and all fccs, cu -.;Ls or ciaufx e4 lhai May be finally awarded in such
NEOGOV, Inc_ Proprietary and Confidential Page 2 of 8
�3rtion or any settlement resuldilg from suob mtJon (providexi that C:usnomet sliall permit ",JFC)CiQV to control the
defense of such action and shall not make any conlprorni€e, admimion of liability or settlement or take any other
action impairing the defense of such claim without NEOGOV"s prior written approval),
(b) Customer XImowleclges and agrees: (i) that 'NEOGOV has iso proprietary; financial, or other interest in the
goods or smices that may be described in or offered ilimigh Ctisroiner's web site; and (ii) that except with respect
to ant> material supplied by NEOGOV, Custorner is solely responsible (as between NEOGOV and Customer) for the
content, qualky, performance, and all other aspects of the goods or services mid rile information or other content
coulained in orpruvidcd throuch Cu3Lomsx'4 web site
(C) OTHER THAN THOSE WARRANTIES EXPRLSSLY SET FORTH IN 'PILI$ ACRE,El!'L'ENT.
N OGO V DOES NOT M.ANT ANY WARRANTTFS TO C 1,STOMER OR ANY OTHER PERSON OR
ENTITY,', )` ITHER EXPRESS OR 10,11PLIED (ENCLUDING, i"-TTHOUT I.MIT.ATIo , ANY
WARRANTIES OF h' IERCHA,NTARRI'fY OR IFTINI SS FOR A P.kRTiCjJJ:AR PURPOSR) WITH
RESPECT TO `T'1.E. ,SERVICES PROVIDED IIEREU DFR. NFOGOV SHATJI NOT BE LIABLE TO
CUSTOMER OR TO ANY OTHRR PERSON OR ENTITY, IJNDER ANY CIRCUMSTANCE 0R DUE TO
ANY EVENT WHATSOFVRlR, POR CONSEQUENTJAL OR iNDTRFC:T DAMA(.:ES, 1NC'.IAMINq,
WITHOIJT LTiVJITATJON, LOSS OF PROFM LOSS OF [JSF• OR IIIJS1NESS STOPPAGE.
(d) Under no circumtitamcs ,hall ITC?GOW4 total liability to CMIUMtZ or any other person: regardless of the
nature of the claim or fan of aotiou (whether witting in contract, tort, strict liability or otltenvise), excec4
Govermiaentjobs.corn hic.'s Certificate of lr,srtrmrlce and NEOGOV has agreed to rune Ctisrorner as an insured on
said liability insurance per attached l:x iibit "A" provided by NLOGOV. prmided, however that the foregoing
limiradons set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury ro
persons or damages to property arising out of NL;OVOV's gross negligence or willful, gross misconduct.
9. Term and TCt'] Motion.
(a) This Agreement sludl commence as of January 1. 2011 acid relmin i» a feet fbr twelve, (12) rponths sinless
termiruted by either rang as set #Orth herein (" Initial Tend ),
(b) This Agreo Ment may be reneweed for additional germs ("Renewal Terri') equal in durmion to the. initial Tenn
provided Cimtomcr notifies NFf 1GOV at leatit thirty (30) da}:ti prism to the enol of the: initial Tenn or a Renewal
Tmn_ It is anticipated that the parties ~hall in gond faith commence active: diwumitms each Scptcmbur- conccining
whether and under what temlR tO rcncw fiir the following calendar year.
(c) NE000V r:.=vc4 the right to tmminatc this Abrrcement iminediau:ly if the Services provided hereunder
become illegal or Coutrary to any applicable law, rule, rcgrulatitm tar Public policy. Each parly shall have the right to
lbm nate this Agrecrnuitt upon sixty (60) clays prior wrium notice to the other party_
(d) Within sixty (60) daps of nolifieatiozl cif termination of this Agrcemcnt, NEOCiOV shall provide i LnuurnCT with
U dedicx(cd data files suitable for importation into commercially ttvailttblo database softwar: (e_g., MS-Access or
MS-SCOL) 'f'hc dcdicalcd data fides will be comprised of Cmtmnur`s data contained in NEO(YOV`5 sySt;Kn. 1'h;;
structure of die relalional database will be ipecifre to Lhc Customer's claim and will not be representative of dir
Proprietary NhOGOV datstbase 1J1:000 V shall likewise refund CLLS lorner its prO-rapt share of pre-pELyrncnt by
Customer fur Lwefve (12) morid)� of $Lrl'iiC andlor Mtinll mincu fees ur any outer arnounLS Fre-petite by C'ustonter tU
NLOGO V.
10. payrnell
(a) Inidial 7e,m. 'wc EA.hihil A. (Order Foi-m).
�h) RFmnval Tenn(s). For each Rcnewal Tcrm, NFOC.-COV will continue to provide C Lmtomcr with the Scrvi=—,, and
will protide maintenance and sup, Kart sersfices as dem.ribed herein, ])Mvided C'.uytotner isxues a pumlhase order or
NEOGOV, Inc. Proprietary and Confidential Page 3 of 8
nlodiflcatiori to this Agreement and pays NEOGOV in advance the annual recurring cliarges then in affect, If there
is an Lieroase: in annual maintenance and support charges,'1F()t;rQV ,;hall give Customer writteu notice of Stich
increase at IcasL thirty (30) days p for to the expiration of the appl icable terlxi,
11. Force Majeure. NFOGOV shall nor.he liable tior any darnages, costs, expenses or other consequences incurred
by Cis€ome-T or by any other pcnr on or entity as a result of delay in or inability to deliver tiny= Services due to
yircuinsEancGs or events beyond N-ROCT fV's reasonable control, i icluding, mithotu limitation, (i) acts of God; (ii)
changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other Tabor
problems; (iv) trwspomtion delays; (v) unavailability of supplies or materials; (vi) fie or oxpin,ion; (vii) riot,
military action ar rtaurped power; or (viii) actions or failures ro act on the parr of a governmental authority other than
Customer.
12. JI'fiscellanevirs. Either party may not assign its riglus or obJigadOffl under this Agreement tivi€haut the prier
;vritwn consent of the other parry, This Agreement may not be modified or arneuded (and no rights he rounder may
be maived) except through a written instuument signed by the pirty to be, bound. 'This Agreement comttitutos the
entire atnx:ement between the parties with respect to die subject matter Hereof Fuld shall be governed by and
construed in accordarice with the laws of the State of Arkansas, without givitig effect to wnfliet of lain rules.
Customer acknowledges and agrees that this Agreement is not intended to be and shall not be cvmslruud to be a
fiancliise or business opporhlnity,
I1f WITNESS SS NA/W.RYOF; tJre parties bavz caused this Agreement to be executed by rhear respective duly
autborizcd ofticcr� as of the date set forth above -
Customer
Signature:
Pruir Name:
'fide:
i
-444'
CovernmentJobs.com, Inc., a California corporation
Sigrusture;
Print Name;
Title:
Date=
b1EOGOV, Inc
Proprietary and Confidential
t3eli
Page 4 of 9
Order Form
Customer.
Ei MUDIT A -ORDER FORM
THE To;
N E 0Sof)v
Order Sumnia
Attention '1•a:
X
Address:
Phone:
.2,
AGIENCY
Quote Date:
12.'16!2010
Revisioik.
Valid Firom:
1211 6/2010
Valid To:
Tuday Rlu.-i 30 &)N
Order Number:
Requested Service DLte.-
TBP
Niflal Term- 12 MoiAbs
Order Sumnia
I -Mom datailed dl�
, iffvica are-kxmigiried in Cllr order detail for md are incoijim-atLd
herein and aindea Pl cf hereof by this refereuace.
NFOGOV, Inc,
-
Proprietary and Confide[Ttial I
Page 5 of 8
X
.2,
1.0
GID
1.3 -Trairiiiin
Included
Sub
000.00
SS 400.04
I -Mom datailed dl�
, iffvica are-kxmigiried in Cllr order detail for md are incoijim-atLd
herein and aindea Pl cf hereof by this refereuace.
NFOGOV, Inc,
-
Proprietary and Confide[Ttial I
Page 5 of 8
Order Form 01I ` .�
J Y'�
Order Detain.
1.0 Insight Enterprise Edition
1.1 license Subscription
The Customer's subscription to the Insight Hiring Management Software includes the
following functionality:
Recruitment
Customized online job application
• Accept job applications online
• Online applications integration with current agency website
• Online jab announcements and descriptions
• Automatic online job interest cards
• Proactively search your applicant database
Real-time database of all applicant information
• Recruitment and examination planning
Selection
• Create, store, and reuse supplemental questions in the Insight item bank
• Screen applicants automatically as they apply
Define unique scoring plans per recruitment, or copy existing scoring plans
■ Test Item bank (optional in TMS)
Conduct item analysis
■ Test processing (automatically input Scantron test data sheets)*
Test analysis and pass -point setting
■ Score, rank, and refer applicants
Applicant Tracking
Email and hardcopy notifications
• EEO Data collection and reports
Track applicants by step/hurdle
Schedule written, oral, and other exams
Detailed applicant history record
• Skills tracking and matching
Reporting and Analysis
• Collect and report on EEO data
■ Analyze and report on adverse impact and applicant flow
Track and analyze data such as tune -to -hire, recruitment costs, staff workload,
applicant quality, etc.
Over 8o standard system reports
• Ad Hoc reporting tool
HIS Automation
a Create and route job requisitions
• Refer and certify applicants electronically
■ Scan paper application materials
Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM
* Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms,
form set-up, and scanner software, which are not included unless listed on Exhibit A
— ORDER FORM
NEOGOV, Inc. Proprietary and Confidential Page 6 of 8'
Order Form
Additionally, during the term of the subscription, the Customer wiI I be provided:
Unlimited Customer Support (6:00 AM — 6:00 PIN PT)
Customer Support shall be provided to the Customer both on-line and by telephone
Monday — Friday, 6.00 AM — 6:00 PM PT (excluding NEOGOV holidays).
Product Upgrades to licensed Software
Customer shall receive all product upgrades to purchased package. Product upgrades
are automatic and available upon the next login following a product upgrade rollout.
Product upgrade rollouts are generally released every three months,
1.2 Provisioning
The following activities are conducted as part of the Insight Enterprise implementation
• Conduct a project kick off meeting to review the project timeline, deliverables, and
establish project expectations
• NE0GOV will establish an Agency -specific training environment that will be used
during training and past -training to allow the Agency to learn the system and begin
defining new roles, responsibilities, and activities within the HR staff
+ NEOGOV will conduct eight hours of on line instructor led training, NEOGOV will
provide all required user exercises and user guides to the Agency.
• Once the core user community is comfortable with the system (typically within 10
hours of hands -ori use) they will train the remaining HR staff to complete their tasks
using Insight.
* Between the training and go -live, NEOGOV will complete the following activities_
r, Creating an agency -specific training environment which is used by your agency
during training and afterwards to train in prior to moving into production
Configure printable job bulletin
o Integrate your new production job opportunities, promotional opportunities, and
class specifications web pages into your existing agency website
Establish the Agency's Insight Enterprise production environment
1.3 Training
NEOGOV will deliver training to Agency recruiters. We will provide all required user
exercises and user guides to the Agency.
Follc)wing the training, your agency will have full access to the training environment.
Additionally, your agency has full access to our Customer Support Help Desk during the
training to help new users filly utilize Insight Our existing customers find that this unique
implementation approach enables their users to become familiar with Insight in a safe
environment, promoting system use and leading to a more successful rollout.
NEOGOV, Inc. Proprietary and Confidential Page 7 of 8
Order Form:`
Order Form Tenns and C:onditifins:
(1) The Customer hereby orders and Govern mentJobs,com, Inc. (d1bla NEOGOV, Inc.,
hereafter "NEOGOV") agrees to provide the services described in this Order Form. THE
SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS
ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE
CUSTOMER.
(2) The Customer agrees that the payment schedule is as follows:
Provide all required software and Licenses
One hundred percent (100%) of the annual license price is payable within thirty (30)
Clays of execution of this Order Form and Service Agreement. ($7,000.00)
Software Provisioning for first half of Insight Enterprise
Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty
(30) days of the execution of this Order Form and Service Agreement. (52,500.00)
Software Provisioning for second half of Insight Enterprise (Complet;ion of post
evaluation)
■ Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty
(30) days following the thirty day post -training period. ($2,500.00)
(3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been
signed by authorized representatives of both parties.
(4) Changes or alterations to this Order Form will not be accepted.
THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY
DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT
BETWEEN THE CUSTOMER AND NEOGOV.
DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE
AGREEMENT IN ITS ENTIRETY_ YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE
READ THE SERVICE AGREEMENT AND AGREE TO SE SOUND BY ITS PROVISIONS_
Customer NEOGOV, Inc.
Signature: Signature: _
Print Name.6i tv&L , kb Print Name:
Title; I• ' Title;
Date= % Date;
NEOGOV, Inc.
Proprietary and Confidential
Page 8 of a
999 Govemmentjobs,Com, Inc, dba Neogov Gerlilicdte of Insurance
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CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED A3 A @TATTER OF INFORMATION QNLY AND CONFERS NO RIGHTS UPON THE CE117IFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF iNSUR4NCE DOES NOY CONSTIYUTE A CONTRACT BETWEEN THE ISSUING IN5URER(9). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE WOL DER.
IMPORTANT: If tha tCltiflcat0 holdsr, is an ADDITIQ?4AL INSURED, the p41icy{ies� must be endorsed. If SUBROGATION IS WAJVED, subject to
the terms and conditions of the policy, certain poilcles may require an efldorsement A statement on this certifiwte does not confer rights to the
cmrtificato holder in liau of such endorremen s .
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v4SURER e: Hartford Insurance Cara n of the N1'ldvrest
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CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORUEO BY THE POLICIES DESCkiilELl HEREIN I.S QI)I3Jr2C7 TO AI.t. THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS.
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CERTIFICATE HOLDE R CANCELLATION
@ 1"8-200 ACORD CORPORATION. All rights rnservud-
rgCpEtD 25 (2009f09) The AGO P.D name and logo are registered mark -S of ACCI'ROZKY/f/r Ago
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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Fayottoviile AR 72709
AUTHORI7Fn RF.PPFjFK[ATTlE
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rgCpEtD 25 (2009f09) The AGO P.D name and logo are registered mark -S of ACCI'ROZKY/f/r Ago
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Dopartment; Chief of Staff Request Date Adfustment Number
2010 Division: Human 19csourccs 12/17/2010
Program: Employee Berl efits/Services
JUSTIFICATION TO INCREASE PROJECT I ITEM:
Additional funds are needed in softwafe maintenance, to purchase NeoGov_
JUSTIFICATION TO DECREASE PROJECT! ITEM (OR RECOGNIZING REVENUE):
Account Name
Soft+,vare Maintenance
Software
Increase Decrease
Account dumber Budget Budget
1010.1220.5416.00 2,300
1010.1220.5209.00 2,300
,
biui art Heel
Date
.B et Director
Dato
Department Director
Date
Finance Director
Date
Chief of Staff T
Date
Mayor
Date
TOTAL- 2,300 2,300
Projeasub
Number
Requested By
8ARBAPA FELL
Budget & Research Use Ofily
Type: A $ C D
f
Description: _
a
General Ledger Date
Posted to General Lodger _
Initial D a ( e
Fasted to Project Accounting
Initial Date
H-.IBudgeWLjdgat Adjustrnorils12010 urrn_2U10_New_Fommt
Senleg Agteem mt
THIS 'ON -UNE SERVICES AGREXMLNT (this "Apmmept") is Made and entered into #his day of
2010, by and between Guvarnmra:tJutrs.com, Inc., a California aorporatiou (dlbla
'NEW30W). . acid the Ci[y of l'aycttevilbr; Arkansas a public entity aoting by and tlrq gh its duty appointed
representative ("Customeel.
I. Prevision of On -tin Scrrites_
(a) Custoncr hereby engages NE000V, and NFf—GOV hersby ams (subject to the tamr, tend condi(iorss sat
fortis hexfin), to provide the services (thc "Stxvicas") mote fui'ly 41mcribW- in skis Agreement and in Exbdbit A
(order FBrn]), CUstMCr hereby er•knor>'ledges A2d agFeea that NFCWV"s provision and performance of the
Scrvkes is dep,`tident and ccaditiokned upple Crkvt«nrx's full pexd'oxr =0t; of its dutivs, obli-gatims aril
revonsibjlk(e9 hmil ldox.
2. Add(liornl NEOGOrV 'Resporr3ihi11.t . In connection with the performowa of this AwEarnent, NEOGOV
sJial] be respowble frtr the #oltoa�ug;
(d) PlE0t3GV stall provide all regt>it�ecl itastirtg �rrd operations suppntt �>r the afaplioataans prrnrided tluou�le lhis
agreement
(b) NIwOUOV small hallow those support; maintenance And 00W procedut�s wad shall provide those suppor,
nnBintenance and other services to Customer move fully described in this. AgcotAFneit.
3- Castorner &MMjAWUjj". In conoectiw -4h the perfor m=e of ttis Agreement and the provision of the
Services, Customer shall be redprnxrlle for the foilowing;
(a) Cosi mer shall be reVonsible for eavirutg that Crk!bY Mees ltd of the SCivites and the prrfcrx wuq.G of
Custo;=r's other ebligadom 1' eretimder comply with alt laws -applicable to G ,warner.
(b) C kworttcr shall be respoa Bible, as between 'i►f32C *0v and cuslomer, fox tlto accm•acy and Cnmpletaness of all
records sled dal b*os providTd by Custemer in cnauecli" with this Agretrnmew for use on NEQC's OV's systein.
4. Ownersh%�Protcrt'rgtr and �rectrx[tV,
(a) Ownership of any k;raphios, text, data or othrr irlu.- nation or content materiels and till records arnt databases
supplied 4r furhishu� by Qjswmcr lfo=Udef fQr iracOtPMAtion into of delivftV through the agpU�AUOIL(s) it-Surab .cl
ila this agreen)=t shall remain wa b Crrsto=r, and N)�OCr .}V sla l Cease t`se of all Baehr Matatial art teMkinaticst
ofthis Agreement.
(b) C ustorncvarknowloiges and agrees that noting in this Agreurncat or any other ngrTrent grants Customer rmy
licenses ar other rights xith respect to IAC OW N software system (source code or objcat code) other titan flea right
to receive 5cvices as expressly pruvi&d heirin NEOGOV shaU retain all owaerft in the iiwAtwtual property
and all othar propriatuy rights artd interests associated with NEOGOV's software system and Services and tail
components thereo€and assoc'ated documc=don. B4cept %s expressly pmvAM hCrei]t
(c) NE000V grants to Cmtwier �� limited license during the feral of this Agreernew tp hme and reproduce
NEMOV's trademarks sued loges for purposes of including auch trsdemsrks and lops in advertising and ptrhliaity
nestcrials aid EnL9 solely as permitted IzereundeT, All uses of such trademarks and logon shall confnin to
Cwtomc"s standard guidelines end requiren=ats for use of such tnukmarks and logos,
NEC QOV, Inc. PropNetary and ConfKieMal Page 'I Of 8
5. " �f;{1V Rc xe9rntatii�m Rud 14°trxranf�es.
(a) .50vice Performonve Warramy. NEOGOV %varrmm that it will perform do Servim in a tnattm con*ttnt
with induv y Amdaas 70390npbly appl !amble to tine performance thereof.
tb) Na Corer Wammo,- EXCEPT FOR THE 7XPRFS9 WARRANTIES 5E3' I:ORTU IN THIS SDC.TION 5,
TI -M- SERVICES ARE '�IROIPDED ON AN "AS IS" BASIS, AND or. TI•IE SERVICES IS
AT [TS OWN RTSI:_ 'gFX)GOV DOES NOT MAKE, AND HEREBY DTSIM AI S, ARTY A -+W ALL MER
EXPRESS AND/OR IMPUED WARRANTIES, OQCi,UDINC, -SUT NOT LIMITED T)Q, WARRANTIES Of
MERCHANTABILITY, FITNESS TOR A PARTICULAR PURPOSE, NONINFR]NGiEMENf AND Tm.F AND
ANY VIARRAN1T1FS ARiSiNG FROM A COURSE OF DEALING, USAGE, 01 TPLADE PKACIiCTs.
NIEOGI'WV DOES NOT %VA R ANT THAT THE SERVICES 1VILL BE Ui Wr=UPTED, ERROR-FRFr, Clic.
CO&TLET1` LY SECUU,
i (c) ascf4imcr of Acdans fused by andlor Under the Contra! of TWrd Parties. hEOGOV DOES NOT AND
CANNOT CONTROL THE FLOW OF AA'T,A TO OR FROM TIM NE000V SYSTEM AND OTHER
PORTIONS Of TEE INTFRNEi. SUCbi FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF
iNTERNE'T SPRViCES PRO'VIDLD OR COINTROI.TAD 13Y THIR13 PARTIES. AT TIMES, ACTIONS OR
. NAC'IJGNS OF SUCH TH1R.D PARTIES CA?N IVPATR OR OMUFT CUSTCiMER'S CONNECTIONS TO
THE RUERNET (QR PORTIONS TUFREOP). ALFIHOUGS NEOGOV WELL USE C01valE=ALLY
REASONABLE EFFORTS TO TAKE ALL ACHONS IT DEEMS APPROPRIATE TO itTlbri4DY AND AVOID
,1U -CF EVENTS. NEOGOV CANNOT GUARANTEE THAT StJCE EVENTS WILL NOT OCCUR
ACCORDINGLY, HEQGOV DISCLAIMS AMY AND ALL LJABILITY RES ULT[NQ Fk0M OIL RELATED TO
SUCH EVEYTS,
6. FuVirtty. Following execution of this Apt -=0034 de, parties hereto roar issue a Press roiaasv, the turn, and
subatmot of which slull bo mutually agzecable to tho parties, aunotincing tbp relationship created by 1hi8
,Agreetttent. Fxcep[ as exprct,siy vontemp]Ated hmin. neither patty shall isstw any WIditionai Pm -4 rtlense which
mmittions thr; otl►cr pa ty or the transactiom cowmpiated by this Agrocment without the prior coo.."t of the other
ply, which consent shall not be unreasonably withheld.
7, N'ondisdosure. Through exercise of each party's rights undex this Agmonkcinf, eAch party may be exposed to
the outer patty's technical, uncial, buslness, marketing, planning, and other infhrmx ik and data, in vaitteu, oral,
electronic, rslagnedc, photographic andlor other forms, including but not Eirnited to (i) oral and .mriuca
urtiCattom of One pasty with the officers and staff of the other party %Mob are Amkod or ideniificd as
eorli*rdmdal or aura or similarly marked or identified and (h) vtber camrrmnicatiionx which a reasemb,16 person
would recognize from the sumurA Ing facts and tv bo ovnfidanntial nr teeth ("Coitfidential
Information") and trade secrets. In reoogaition of the other party's need to proud its IcSitimare business intrrests,
each patty liateby povenwU and agreaa that i; shall regard and tfeat each item of information of data constituting a
trade secret or Coadential Intornnarion of the other party as atriotly confiidanria� :md wholly owned by such othor
pasty and that It will no_, witbcmt the express prior written cowers of the other party or eeccpt ae mplired by law
imluding the Freedom of 1n€onnatioi Act of the State of Arkamm, "stribute, nmeket, publish, disc€ose or divulge
to any other pftson, firm or entity, or use or modify fvr use, directly or indirectly in any way 1jWr =y peFsvu of
entity, (i) any of the other party's C:o uual Information during the lcrm of this Agmemnt tend for a period of
three (3) years after die termination of This Agreement or, if law, frara the last dare Serwi-m (ln--k4tg my
warranty work) nrt porforrncd by the dkclosmg patty hereunder, and (ii) arty of the other party's trade secrets at any
time during which such information shall constitute A trade surer under applicable In W.
3, Liabilt Limita:icns.
ta) if promptly r;o5ed in vnritiog al' ar�y action brought agate Customer based on a viairn dull NEOGOy's
Services infringe a Urated States patent, copyright or tr'adetnark right of a third pang (except to the extent such
claim or infiringmetu re fates to arty third patty software incotpofated into NEOGOV'* applioa6m), NEOOO V will
defend such actign at its ey4emm end will pay any and all fees, costs or dayagc' tit mU be HBail.• awarded in shah
NEOGOV. Inc. Proprietary and ConWential -Pace 2 of 8
action or any sottlLmant resulting from such action {provided tbxt Customer shall remit NEOGOV to Control the
defieatse of such action and shall not rua7ce any cnmprnrnise, admission of liability irr sotl=ent or take any other
action impairing the defmise of such claim without NEOGOV'sprior writim approval).
(b) Custunmr acknowledges and agrees; (i) that NFOCIOV has no proprieMty, financial, or other interest in the
goods or services that may be deser]bW in or offered thmugh 0istomees web site, and (ii) that a»xow with respect
to any material supplied by NEOGOV, Customer is solely =asportsible (as batween N1=060V and Customer) for the
content, qua[ity, per6orrsw.nce, ant] A] other Espects of the goods or services and the iuformation -or other Contem
contained in or provided thmup Cuatames web sits.
(G) 07M TRAM THOSE WARRANTIES EXPRF9&LY SET FORTH IN 'rNTS ACIRE EMl-1vT,
NEOGOV DOES NO'f MAKE AW WARRANTIES TO CUSTOMER OR ANN tYi'1I1:R PERSON OR
J,:IY'tTly, MTklM IXPM3 flit IMPLIED (INCLL'DING, WITHOUT x. EWTATION, ANY
WARRANTM OF MERCRAnl"LABI 11TY OR F1'l'NESS FOR At PARTICULAR PURPOSE) WITH.
RESPECT TO THE SERVICES PROVIDED IIEREUND);1 M NWQ0V SHALL NOT BE LIABLE 70
CUSTOMR OR TO e4P1Y OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO
ANY EVENT it HATSOEVEI, IFOR CO sEQl;J.'ENTJA,Y. OR INDOUCT DAMAM, INCLUDIMC,
14'1THOUT 1IMiTAT:10-N, LOSS DP PROFIT, LOSS 01' USX OR DITS>I1r1FS9 STOPPAGly.
(d) Un&r no circumstances sball NWOOV�s total liaWlky to Cwfomer or any other peseta, rzganlleag of Cele
nature of aw claim or form of action (wh!AeT arising in contract, tGrt, strict liability ew otherwise), exceed
Oavetttmmtjobs.00an in -,,'s C.ertifiratc of Insurw= and MDGOV bas agreed to namr Custaina' as an insured on
said liability xastlrauce per attached P.,tMhjJ "A" psovidod by N1Jr GQV; pmvielvd, however that the forogoigg
hnr tatiom set forth in ihi$ Ser -tion 8(d) shall not apply to actions braeght under B(a) abvm or to array injury to
peraons ur damaja cs to pnparty miging out ofNEOGOV s gross negligence orwillful, gross miseonduc L
9. Term and TermLnxtion_
(a) 'lids Ag;eem t dull commetree m of January 1, 2011 and irenmLa io effect for twelve (12) months walem
termbwted bycithur party as scl forth herein ("Initial Tema").
(b) This Agreement may be mewed Ear additimut tr m5 ("Renewal TenW') equal in duration to the Initial Term
pmidcd Customer notifies NEOGOV at Imst thirty (30) days prior w the end of the Initial Team or a Renewal
Term, It is anticipated that tht par:ict% sball in goad faith cornmc= active discnssions rac h -$r-pternbca concerning
whether and under what terms to renew far the fbi°lowing calendar year,
(v) NEQGUV reserves the tight to t(aminafts this Agreement immediately if rbe Ser ices provided hemus%de-
become illegal or contra) to any applicable lata, rule, regutatioa nn• public policy_ Each pam shall have the right to
tc=ainatt this AgYt nkontnpon sixty (60) days prior written notice to the other Fatty.
(d) Witbin sixty (60) days of rw)tification of terrninatiott of this Agreement, NEOGOV shall pTQAk Customer with
4a dedicated data flies suitable for importation into comneroially available database s4ware (e.g., 3dS-Access nr
MS -SQL) The d6dimted data files will be comprised of Custom='s data remained iu NEOGOV's srvsl.c n . Tho
strt►ettia'e of the relational database unit be Nproitio to the CustomWs data and mill not be representative of the
proprietuy N1rC1{10V database, N OV shall h ewise rc nd Cor Mer its pronate share of pre-payMmt by
C ustomar fcir twelve (12) months of senice andlor maintenance fees or any other amounts pr"aid by Customer to
NEOGOV.
10. Pn4mtcTi .
(a)111irial Ter»l_ See (Order PC=).
(b) Rimewcl Tar»r(s). For eaob RrnevtaI Tum, NEOGOV -will continue to ptovide Customar with the Services, and
will pTayide maintenance and ser pert services as described heroin, provideA Customer issues a gurctsa-,e order or
NE093OV, #nc- Proprietary ar:d ODP(jdentl8[ Page 3 of 8
madi ft adon to tris A,grcert yn and pays NEMUV in a4vancu the dr nual recurring charges then in cffcct_ if there
is an Inercasr in annual rnaintanawc and support charges, NEO30V shall giw Customs written notice of such
increase at least thirty (30) days orior to the expiration of the applicable tern
11, Eo ceLMaLeure. NEOGOV shall rpt be lWe for aay damages, casts, ertpewm or otter wnuqueaees incurred
by Customer or by any other person or cruity as a result of delay iu cr suability to deliver any Services due to
cirm mstattoes or eveats beyond Nr-OGOV's reasonable contmi, including, witbout iirWtatxoa; (i) acts of God; (R)
changes In or in the {ttterpretetion of any law, rule, sego ation or ordinance; (iii) str3s, luclmuts or stmt labor
problems; (iv) transportation delays; (v) unavailahiiity of supplies or nlatErhds; (vi) fire or plosion; (Vii) riot,
milkM anion Orm urrd polver; or (viii) actions or failures to out on the part ofa goverurnent it authority odtcr than
CustwMer.
12. jlii&er! 4 . Eidw party may not assign its rights or obligatuma under the Agc rnctt WithMt the Prior
writDen conseatt of the other patty. iris Agreerneut may not be modified or amended (and no Aghts hereunder may
ba waived) except dwya& a written instrument signed by the pasty to he bound. This Agreement constitutes thr
aMim agmenymi bzIwceu the parties with respect w the subject matter hemf old Shall be governed by and
zon Lewd in awor4a". with the lays of the State of Arkansas, without Suitt$ a#inct w camliiet of law rules.
Customer acknowWgef and agrees that tlris A,grbrmevt is not iriwn&d to be and shall not be oonsaaod to be d
€zachife or b w%iAw opgrorb anity,
LN WrMESS WHEREOF, the parties havc causad this Agr=nent io be execnbod by their reepmtive duly
authorized officers as of the dutt set forth above.
Cumonwe
Sigatme; � 1
Priv# Name: ❑ I ' d
Tith,
GpvernmentJobs.cum, lno,,'t California G ration
Print I Urge; �7cra a,ry
-NE66 IV, 1w. Propriatery arid Confidential Page 4 of 8
Order Form N EOG''W
Customer: dill Tv1�
Order 813zttao r
'M,orrAptailec' demiW rtR of dw mzvictt are c 3t Berri +x 'r`h are in [atel3
humn and maw, a,W h-omf by tbLs ref�-Mce.
NFOGOV, Ina.
Proprietary and Confldenlal
Page 5 of 8
.Flttorrtion To:
NAME
?Je:
Earl;
AGENCY
Quote Date.
1VI612010
R�isiorl: �
Valid Prom.
] 2 112010
Villa Tsj-.
Toda.v Ph -9I aay�
Order l`iumhers
Aes ,SService Date:
MD
Initial Term-, 12 Months
Order 813zttao r
'M,orrAptailec' demiW rtR of dw mzvictt are c 3t Berri +x 'r`h are in [atel3
humn and maw, a,W h-omf by tbLs ref�-Mce.
NFOGOV, Ina.
Proprietary and Confldenlal
Page 5 of 8
Ordor Form N EOG OV''
Or 1_ t r Detail
1.0 In5fght Enterptts0 Edit10"
1.1 License Subso4pticm
The Customer's subscription to the Insight Hiring Management Software includes the
follovAng functionality:
Recruitment
• Customized online job oppiioetion
• Accept job applications online
• Online applications in"ration with current agency website
• Online job announcements and descriptions
• Automatic on€ine job interesf cards
Proactively seatch your applioant database
• Reef -time database of all applicant information
Recmitment and examination planning
Selection
• Create, store, and reuse supplemental questions in the Insight item brank
• Screen applicants autornafically as 9W apPt r
Define unique scoring pians per recruitment, or copy existing scodrig plans
• Test IteM bank (optional in TMS)
• Conduct item analysis
• Test }processing (automatically input Scarttron tes: data sheetsr
• Test analysis and pass -point setting
• Score., rank, and raferapplicants
Applicant Tracking
+ Email and hardcopy notifications
+ EEO data collect€on and reports
Track applicarft by step/hurdle
• Schedule written, oral, and other exams
•
Detail --ed applicant history record
■ Skills tracking and matching
Reporting and Analysis
Coltert and report on EEO data
• Analyze and r4i�pud on adverse impact and applicant flow
• Traolk and analyze data such as timo-to-hire, recruitment costs, staff workload,
applicant quality, etc.
Over 80 standard system reports
Ad Hoc reporting tool
HR Automation
• Create and route job requisitions
• Refer and certify appllcants electronically
Scan paper application materials
" Cost of the soanrer is not included unless listed on Exhibit A —ORDER FORM
Requires a Scantron or $irrnlar Optical Mark Reader (OMR) scanner, special forma,
form set-;ap, and scanner software, which are not included unless listed ori Exhi.Oi�
�- ORDEF� FARM
NEQGOV, Inc_
Proprietary and Confidential
Page B of S
Order Form N EOE- 1 �
Additionally, during the term of the subscription, the Customerwil€ to provided;
Unlimited Customer Support (8:00 Ate - 6;411 Phi PT)
Customer Support shall be providod to the CLMorner both online and by telephone
Monday - Friday. 6:0D AM -13:00 PM RT (excluding NI OGOV holidays).
Product Up9radQs to Licensed Software
Customer shall receive all product upgrades to purchased'packagt;, Nodi,tct upgrades
are automatic ;and aveileble upon the next login, follavving a prodw.t upgrade rollout_
Product upgrade rollouts are generally released every three montihs,
1.2 Provisioning
The following activities are conducted as part Of the insight Enterprise implementation
■ Cond uct a project kick off meeting to review the project timeline, deliverables, and
establlsh project expectations
+ NEOGOV will establish an Agency -specific training env!ranrnent that will be used
during trafnfng and post -training to allow ffie Agency to Learn the systern and begin
defining new roles, responsibilities; and activities within the HR staff
NEOGOV will conduct eig ht hours of on line instructor led training. Nt=OG OV will
provide all required user exercises and user guides to the Agency.
• Once the care user community is oomfortabla with the system (typi,nally within ip
hours of hands-on use) (hey wi€I train the remairdrig `1R staff to romplete their tasks
using Insight.
* Between the training and go -live, NEOGOV will complete the following activifias:
o Greeting an agency -specific training enviromnent which is used by your agency
during tTaining and afterwards to train in prior to moving luta production
o Configure printab;9 job bulletin
o Integrate your now production job opportunities, promotional opportunities, and
class specifications "t> pages into your existirq a,9ency website
o Establish the Agency's Insight Enterprise producdon environment
1.3 gaining
NEOGOV will deliver training to Agency recruiters. We will provide all required user
exercises and user guides to the Agency.
Following the traiNng, youragenay will have full access to the training environment.
Additionally, your agency has full access to our Customer Support Help Desk during the
training to help new users fully utifiae IrsighL Our existing customers find that this -unique
implementation approach enables thoir users to become familiar with insight in a safe
environment, prornotirig system use and leading to a more succ-essfu€ rollout.
NEOGOV, Inc, __ __ Proprietary and Confidential Page 7 of 8
Order Form NEOGOV"
Order For T s gno Conditions;
(9) The Customer hereby orders and GovemnrientJobs.mm, Enc. (dibla NEOGOV, tnc.,
hereafter "NEOC10V') agrees to provide the services described in this Order Form_ THE
SERVICES ARE PROVIDED PERSUANT TO THiv TERMS AND CONDITIONS OF THIS
ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE
CUSTOMER.
(2) The Customer agrees that the payment schedule Is as follows:
Provide all required software and Ucerases
One hundred percent (100%) of the annual license price is payable within thirty (30)
days of execution of this Order Form and Servk;e Agmernent ($7,000.00)
Softare ProvWwning for first half of Insight Enterprise
Fifty percent (50%) of the rion-recurring costs are to be paid to NEOGOV within thirty
(30) bays of the execution of this Order Form and Service Agreement, ($2,5DO.00)
Software Provi$ioning for second hatf of Insight Enterpriso (Completion of post
evaluation)
■ Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV Within thirty
(30) days following the thirty day post -training period. ($2,600.00)
(3) Neither the Custorner nor NEOGOV wi() be tend by this Order Form until It has been
signed by authorized representatives of bosh parties.
(4) Changes oraiierativns to this Order Form will not to accepted.
THERE ARE SIGNIFICANT ADDrTIONAL TERMS AND CONDITIONS, WARRANTY
DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERViCEr AGREEMENT
BETWE=EN THE CUSTOMER AND NECGOV_
DO NOT SIGN THIS. ORDER FORM BEFORE YOU HAVE READ THE SERVICE
AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE
READ THE SERVICE AGREEMENT AND AGREE TO 8L BOUND BY ITS PROVISIONS.
le or
Signature:
Print Name:
Title:
Date;
NEOGOV. Inc.
Signature: A
Print Nairne:
Title:., rdLE ns r
Date: 1
NEOGOV, Ire. Pro prleWy and ConfiderRial Page 8 of 8
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CERTIFICATE HOL6ER CANCE"TIi]NS
BHS)UIAANY OFIMA8OVEDESM13EDPOLICIES BECAWVLMBEF 91E
CRyoEFsy44evmq THIE ISXPMATiOfl Date TUMLOP, NOTICE IViI,L BE Deuvatm IN
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0198&2009 ACORD CORPORATIGN. All rights reserved.
Acaad 26 12009l08y The A CORD name and Ingo are regretered marks 0 At.ORD���
;senate: Ammneut
THIS OAT-LIlVE SERVICES AGlZ)b:h:MY—NT (this °Agreernent") is made and anterad into this of
2414, by and between GovernrnentJobsxom, Luc., a Califnt'mria corporation (dibls
"NEOGOV" ), and the City of Faycttevildc, Ax�Mnsns it public entity acting by and through its, duly appointM
representative ("Custom&'),
1. ProyKan of On-line Sex viaetc.
(a} Cugto ncr hereby (alleges NEOGOV, rad INEOGOV hen&y agrcc s (subitct to the terms and wndidorrs set
forth herein), to provide the services (the "Services") more fully dewrihed in thin Agreef "l and in F.xlaibit A
(Order Form). Custum r hereby a6mcw(edges and agrees that 'N.F.00OV's provision and pertorrmaiioe of the
Services is depmdent and oondiuoned upon Customer's full periforniance ar its duties, obligations and
responsibilities f creunder.
2. A40ldonal NEOGOV RespansfbiEfles. In connection with the performance of this Agreemenc, NEOGOV
shall be responsible %r tae following.
(a) NEOGOV shall provide all required heeling and operations support -for the applications provided through this
agromnunt
(b) 1<EO O V' shall follow those support, rnaintai mraco and other pmcedures and sbaTl [i Ovide those support,
maintenance and oEh(T m)rviccs to Cu&towet more fully described in this Agreement,
;, Custorner-12—e—umahc . In connection with rho performance of this Agm mnent and the pinvis9on of t€te
Services, Customer shall be n spona-iblc for the browing:
(a) Cit toimz ;shall he rawnsibm'br ensurlag tat Ckisiomer's Ust Qf tihc Services and the performance of
Customer's outer obltations hereuxtder comply who all laws -applicable to Oistomer.
(b) Customer shall be resparur:11e, a% between N. F.000V and Customer, for the ftnurguy r xid cumpletenms of all
moorda and databases provided by Customer in co ootiou tivWx Ilia Aptcment for nk to MEOGOV'a systow.
4_ OwnerCi% PrbtMt101k And Sfmrrt't_v_
(a) Ownership of any graphics, tmt, data or other information or content materials and all recnrds and databases
sirpplied or ftunislud by aistorner hei (under for incorporation into or delivery t€rtaugh 6e applicat on(s) described
in thfs agree=nt shad remain with CusDwner, and NEOGOV shall ueasc use vfall such tnatarial upon tea'rninatim
of this Agreement.
(b) Customer acknowledgos and agrees that nc*thin~g in this Agrccnlcirt or any otheragxeeme4 grants Customer any
licenses or othor rights with respect to NE(?GOV'R software sysfera (source code ar object code) A= Chan tlrc ri f t
le zeeeive Services as, earpressly provided herelm Nr-OGOV ssiall rutain A ownership in the intellectual prnperty
and all ocher proprietDry rights and interests associated with NECiGOV's software sg'sten, and Services and all
components ihveof and associazed documeiitamon, except as expressly provided herein.
(c) Nl1DC}OV grants to Customer a limited license during the terra of this Agreement to use wid reproduce
NEOGOV's trade marks and logos for purposes of including such tmde.marks and logos u1 advertising and publicity
mater'iah and Kuks solely as permitted herenuder_ All uus of such tradc=rlc� and logos hAll confbrm to
C nstomet"s standard guidcfiaes and rccluircnlcLts for use ar such trademarks and logos,
NEOGOV, Inc, Proprietary and Cartfdential page 1 of 8
5. fNEOG0V_ReT)rescntatsaa6 and Warrant°ics
(a) &rviee Perfol'7nanee Marronly. NEWOV warrants that it will perform the SeMces in a manner consistent
with industry standards rcaso nahly applicable to the purftmnancc theruDE,
(b) No Other Warranty. EXCEPT FOR TiiE EXPRESS NVARRANMS SET F0RTI:1 IN IHIS SECTION 5.
THE Slal'�VICES ARE PROVIDED ON AN. "AS 1S" BASIS, AND MISTOMER'S.135F.. OF T4�F 1.'F1ZUlCl S lS
AT ITS OWN RISK. NEOGOV DOES NOT MAM AND REItMY DISCLAIMS. ANY AND ALL OT148R
h N) 1.55 AND/OR iMPT IRD WARRAVT7F.S, TNCI.lYDING, BUT NOT LIMITED TO, WARRANTIES OF
I iEKC)HAN7AI3IL,.�T'Y', P ITItiESS MR A PARTICULAR PURPOSE. NOINI FRINGE,Mr•N7 AND TIME., AR'D
ANY WARRANMES ARISING FROM A COURSE OF DEALLNG, USAGE, OR TRADE PR4C"i'ICE,
NE000V DOES NOT WARRANT THAT TNF gF.RVICFS NVIiI. BF: UNTNTFRRUP'TED, F,RROR-FREE, OR
COMPLE'TEL'Y SECURE.
(c) Disclairrxr ofAcdions C=wed by and/or Uruler the C:nniroi of Third Arnri+s. NF.OGOV DORS NOT AND
C:ANNUI CON'IROL J'aE FLOW OF IJA'A'.A 'A'O Ok FROINJ ''IIF., NEOGOV SYSTElti9f AIS
0jaER
PORTIONS OF THE INTERNET. SUCH FLOW DEFEYDS IN LARGE PART ON THE PERFORMANCE OF
INTERNET SF.RVICFS PTROVTp D OR CONT OLLED BY THrRD PARTIES. AT TUNES, ACTIONS OR
INACTIONS OF SUOR '.l'Ii1IU31'AlC'IAiS CAN Vetl'AIR OR 0rSRW1' CU1R'fO1r9FR11' CC)N1V.l CI'iCtltS l�C?
TIE INTERIO-ZT (OR F01ZTT0NS TI�EREOF). ALTAOUGH NEOGOV 1VILL USE C:CiMMERCIALLY
A BASONAP, E PF'FOR'TS TO TAKE; All, ACTIONS IT DEEMS APPROPRIATE TO PX_ vJ i]Y AND AVOID
SUCH EVENTS, NITOGOV CANNOT GUARANTEE THAT SUCH EVENTS NVJU NOT OCCLM.
ACCORD1NOLY, NEOGOV DISCLAIMS ANY AND ALL LIABII,IT'Y RESMfNG PROM OR RELATED TO
STJCTI EVEN,fS-
6. Publ-16t9. Following execution of this Agreerne 1, the p:atica hereto may issue a press n1casc, the form and
subFtancc of which shall be mutually agreeable to the parties, announcing the rclationship created by this
Agreement Except as expressly Contemplated h=in, neither party shall issue ary additional ;rress release which
mentions the other party or Lhu transacLiors wntemplatod by this Agreement Without the prior consent of the other
party, whickt wanat Shall not be unr�-sozot-ly witbheld.
7. I's ondlithmura. Through C=rcim oftaeb party's rifts uredvT this AgreerrrcnC, cach party may be exposed io
the other party's tee#rnical, financial, husinem markering, planning, and other informafion and data. in writes oral;
electronic, magnetic, photographic and'ar orber farms, includisig but not limited to (t) oral and writtmt
communications of one party with the uf&c= and staff of the other party wbkh are marked or idendfied as
i.
Confidential or secret or similarly marked or identified and (ii) other wrnmunic:atiarrs which a rcasombic person
would recognize ftvm the surrounding facts and cines instances m be confidential or Bret (11ConftdentiQ
I.. Information") and trach svurcts, In recukpailion of the other party's need to- protect its legitimate business interests,
each party hereby eovan8t11s and agrees that it. shall MVM and treal each item of iuforrnaLion or data ctmstituting a
trade Secret or Confidential Information RT the other party as strictly confidential and who'ly owned by snob other
party Anel, that it will not, MT11out the express prior writim Consent of tf,e other party ort as rexluiored by lata
ixrcluding the Frtedonn of Inf6=tion Act of the Stott ofArkarvgm_ redistribute, =6,eL. publisiL disclose or divulge
to Any other person, firm Cr entity, of use or moosfy for use, direAy or indirectly in any way for any perior) or
entity, (i) any of thre other party's Confidential lnfw=tiozr during the term c) thio Agreement rind for a period of
three (3) years afar the tnmiinaticn of this Agme nmi or, if liter, from the last date Services (including any
warranty work) are perfnrmcd by the discIming party hcrrunder; and (ii} any of the nt}rer party'q trade secrets at ary
tune during which Moll information shall eor:stitu to a trade secret un.3er applicable law.
S- LiAkrzlity' Li7ni#�ltiorls.
(a) if protrxptly notified in wriring of any Actiov brought against Customer based on a claim drat A"EOGOV's
Service,% infringe s Unit6d States patent, copyright or tradumarL right of a thud party (except to the extent such
claim or iafriagernent relates to any thin) party soft -are it:corpoi-ated into NE-OGOV's applications), NEOGOV will
defend such audon at its a case and will y an�� and all Ices, vests ear- d r�_[h rt uiay be finally awarded in ouch
NEOGOV, Inc, Proprietary and Confidential page 2 of 3
action or any settlement rtzulting from such action (provided that Cummer shall M11111 NEOGOV to control the
defense of such action ar)d shall not make any compromise, zdrnission of liability ox settlement or take any other
action impairing the defaase of such claim without N C-000V's prior written approval).
(b) C usmnef acknowledges and agrees: (i) that NF.'QGOV has no proprietary. fmarwial, or od= interest itt the
goo& ar services that miry be dumbed in or offered though (,uaorner's wvcb site; and (ii) that except with rospect
to any material suymi lied by N4TFOGOV, Customer is solely respmsible (as be€ween 1,MOG OV and Customer) for the
conkalt, quality, .per#bn=ce, And All outer aspects of the goods or =T0ces and the information or other content
containcd in or provided tbrotigh Castomer's web site.
(e) OY'IIER THAN TIIOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEOGOV DOES NOT MAKE ANY WARRANTIES TO C:USTO:VIN;R UR ANY 01CHIM PERSO14 OIL
ENTITY, EXT- ER k:XPIMSS OR IIVPLIED (INC:LUDIf'iC,, WITHOU- T UNIITATION, ANY
WARRANTIES OF N1ERCHANTeLEIi II'Y OR FITNESS POR A PARTICULAR PURPOSE,) WITII
RFSpErC'1' 'ir0'r1IF, SERVICES pROV]:DED HEIiEU DER. NEOGOV- SHALL NOT BE LIABLE TO
CUSTONIM, 0A,10 ANy 01,H ER 1PERSON O)z >K LW)t'TT1', i?NDER ANY CIRCLIMSTANCE OR DUE TO
ANY EVENT WHATSOEVER, FOR COPtiSEQ'UENMLL, OR lNIUXMCr'1- DAMAGiKS, INC'TADIN0,
WITHOUT LIMITATION, LOSS OF PROM, LOSS OF USE OR BUSINESS STOPPAGE.
(d) TJndar no circumstancea shall IN-OGOV's total liability to c:yy nmtr or any person, rvgaidlms of the
imttze of the cWin or form of actio» (whether arising in contract, tort, strict hat zi ty or othc rwi8u)., tsmumd
Uuvcrumentiobsxom Int.'s Cerdlffcate of Insurance and NFACTOV haft ayc:al tri nine C"stoma as an insured an
said Iiability irs dne4 per attaehcd ExiubiL "A' provided by NEOGOV; provided, Jw%--ger that the foregoing
limitations set forth in this Section 8(d) s}aall not apply to actions brought under 8(a) abow, or to any injury to
persons or dAu3wj,i9 Lo property £aisitig out of NFOGCIV's gross negligence or wi ]lful, gross misconduct.
9. Terni and' i' rnrinatiun.
(a) This Agreement stroll commence as of January 1, 2011 aeld remain in effect for twelve (]Z) inonths ernless
terminated by ai.thcx party as NTi !forth herein ("initial TerrAl.
(b) This Agrecrrlmt may be renewed for addit'1on31 te= (" lteriewa] Terra") equal in duration to the Initial 'Team
provide! Customer noTi.C[es NEOGOV at least thirty (34) dayR prior tri the end of the Initial Tern or a Remtwal
Tcrm It is annticipatcd that the patticb 511x11 in go04 faith conirnenre w-tive diacvFIhas e=h Set tEmber concenzia�g
whether and under what teens to miew dor tho fbIlowing caleadar year.
(c) NEOGOV resurvm t L right to lmmimte J& Agreement immediately if the Sexvicee Provided hereunder
become illegal or conxrcey to any applicable law, sole, regulation or p6lic policy. Eaoh party shall have the right to
J*m3hwJr. this: Agreement upon sixty (60) days prior Written notice to the other party.
(d) witlriri sixty (60) days of notificativu o f terminauoa of this ript=mcrA, N>=�0GOV Awli pruvide Q1s'icmet with
a oledicatcd dnta files suitable for inrgortation imo co7tirw. c6aliy available database so ake (e -g-, VS -Access or
MFr4t
)'The dedicated data files will be comprised of Customv7's data uuntarriud in N90GOV's system, The
sLTucture of the relational database will bi� specific to the Customer's data and will not be representative of the
pmprictxry NEOGOV database. NEOGOV shall likewise refund CasLorner ;ts pro -rata share of pre-paymezr by
Customer fortwelve (12) months of service andlnr maintenance fees or any other amounts pre -paid by Cri.>tarnur to
NEOGOV.
10- Favments-
(a) India! rerm. See R&Vh it A (Order Form),
(b) Rewvai Tem (s)- For each ptapewal Tenn, VE0C10V vyill continue: to previd4 Customer with the Services, and
vrill provide ruE intra ante fllid support seMces as descrtW bei-e;ii, provided Customer issues a purvhase order or
NEOGOV, Inc. Proprietary and ConfIdential page 3 of 8
inrdificatimi to this r1 rc'emtnt and pays IaEOGOV in advance the annual nvurring charges then in eff ct_ If there
is all increase m annual maintenance and support charges, NTEOGOV slwll give Cu9tomer writtcm uoEicu of such
inumm at least thirty (30) days prior to the expiration or the applicable term.
11. 1+ orcc�uxu. NEOGOV shall rat Inc liablu for any damages, costs, expenses or other consequenceq incurred
by C'us-omen or by any other person or eatity as a vo.TW t of delay in or inability to deliver any Services due to
circumstances or events beyond NEOGOV's reasonable control, including, tivithout limitation: (i) acts of CIA (ii)
changes in or is the interpremdon of any law, rule, rcgulsltiOn UT Ordinance; (iii) rstrikes, lookouts or other labor
problems; (iv) transivYtatign delays; (v) u ayailabiliry Gf supplies or materials; (vi) tirc or txplosion; (vii) riot,
military action or usurped power; or (viii) actioms or faihuv,: Lo act on the part of a goi-wmenW autbority -other than
Cwton►er.
t2. N iscellaneoua, Either party may not assign its rights or obligations undo this Agreement without the prior
wriuen cone of t1ke other party. This Agmument may not be modified or amended (and no rightx hercunder may
be waived) except tbrongh a written insw mxe,nt signed by the party to be bound. 'Phis Agreement cotmitutes dip,
entire agreement betac:cu the parties with respect to the subject matter hereof and shall be governed by and
t*=;rued in accordance with te laws of the State of Arlcaraos, without giving effect to conflict of law nikg.
Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed R be a
fraw"Wse or business apporhmiLy.
LN- WITNESS WILEREOI', the parties have caused this Agn:cxncnt to be executed by their respective clt=ly
autl=ized officers as of the daLc act forth above,
Customer
Signature: 'f
Print damn:
TRIO- AA D DA
C:overoment.Tobs.com, Ile., a Califortliat Cw0tvatLoll
�r
Signature:
Print Name-, �•�?,� __— � yf��i
Date:
1dEGOIi, In -o, Proprietary and Confidentlal T �^ Page 4 of 8
Order Faruk NEOGOIJ
r-' iT 1T A - 0EW R4I
C ustnirier:
Bili To:
Aftention To:
Ad dress:
NAMT,
Pho-ac;
AGENCY
{1uoreAateAnte:
;217fj'x:1U
Revision-,
Valid From:
AZg.(r2oi as
Valid To:
'1'�ck - lw:LQ.Aar.
Under NumUer:
Re nested Scnqcc Date.-
TBD
Initial Term, 12 Months
Order Surnmax+v
Ikf rc ctzttl 'd dcscri Clcrxls of [hey svices a�� cs�rtt scci ui Ihr ortier dzrai!ftLT erseh xcrui e whish rux imirporaied
hi§nd raxde s pt hAr�f by tris X� �e-
NEOGOV, Inc,
Propriotar}+ and Confidential
Page 5 of 8
Order Form
Order Detail
1.0 Insight Enterprise Edition
4.1 License Subscription
N E 0 (5 r 3V * 4'
The Custorner's subscription to the Insight Hiring Management Software includes the
following functionality:
Recruitment
• Customized online lob application
+ Accept job applications online
• Online applications integration with currant agency website
• Online job announcements and descriptions
• Automatic online job interest cards
• Proactively search your applicant database
• Real-time database of all applioant information
• Recruitment and examination planning
Selection
• Create, store, and reuse supplemental questions in the Insight item bank
• Screen applicants automatically as they apply
• Define unique scoring plans per recruitment, or copy existing scoring plans
• Test item bank (optional in. TMS)
• Conduct item analysis
* Test processing (automatically input Scantnort test data sheets)*
• Test analysis and pass -point setting
• Soore, rank, and referapplicants
Applicant Tracking
w Email and hardcopy notifications
• EEO Data collection: and reports
• Track applicants by step/hurdle
• Schadolo written, oral, and other exams
• Detailed applicant history record
• Skills tracking and matching
Reporting and Analysis
• CQllect and repQrt on EEO data
• Analyze and report on adverse impact and applicant flow
• Track and analyze data such as time -to -hire, recruitment costs, staff workload,
applicant quality, etc.
• Over 80 standard systam reports
41 Ad Floc reporting tool
MR Automation
40 Create and routs job requisitiorts
• Refer and certify applicants electronically
• Scan paper application materials
* Cost of the scanner is not included unless listed on Exl,ibitt A - ORDER FORM
* Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms,
form -set-up, and scanner softtiv-are, which are not included unless listed on Exhibit A
-- ORDER FORM
NEOGOV, Inc
Proprietaryand Confidential �� Page 6 of 8
Order Form
N E 6.J E SOV
Additionally, during the term of the subscription, the Custamer will be provided:
Unlimited Customer Support (6:40 AM — 8:00 lPM PT)
Customer Support shell be provided to the Customer both online and by telephone
Monday — Friday, 6:04 AM — 6,00 ISM FST (excluding NEOGOV halidays).
product upgrades to Licensed Software
Customer shall receive all product upgrades to purchased package_ Product upgrades
are automatic and available upon the next login following a product upgrade rollout_
Product upgrade rollouts are generally released every three months.
1.2 provisioning
The following activities are conducted as part of the Insight Enterprise implementation
Conduct a project kick off meeting to revlew the project timel€ns, deliverables, and
establish project expectations
« NEOGOV will establish an Agency -specific training environment that will be used
during training and post -training to allow the Agency to learn the system and begin
defining new roles, responsibilities-, and act€vities within the HR staff
• NEOGOV will conduct eight hours of online Instructor led training. NEOGOV MII
provide all required user exercises and user guides to the Agency.
OncY the core user community is comfortable with the system (typically within 10
hours of hands-on use) they vii ll train the remaining HR staff to complete their tasks
using Insight_
• Between the training and go -live, N EOG OV will complete the following activities:
o Creating an agency -specific training environment Which is used by your agency
during training and afterwards to train in prior to moving into production
o Configure printable job bulletin
o Integrate your new production job opportunities, promotional opportunities, and
class speCifications web pages into your existing agency website
o Establish the Agency's Insight Enterprise production environment
9.3 Training
NEOGOV will delivertrairiing to Agency recruiters. We will provide all required user
exercises and user guides td the Agency.
Following the training, your agency will have full access to the training environment.
Additional€y, your agency has full access to our Customer Supper: Help Desk during the
training to help new users fully utilize Insight. Our existing customers find that this unique
fmplementation approach enables their users to become familiar with Insight in a safe
environment, promoting system use and leading to a more successful rollout.
NEOGOV, Inc. Proprietary and Confidential
Page 7 cf 8
r"' 7. 1 sR5
Order Form .
E0
Order Form Terms and Conditions:
(1) The Customer hereby orders and Govern m entJobs. co m, inc,. (dfbla NEOGOV, Inc.,
hereafter "NEOGOV') agrees to provide the services described in this Order Form_ THE
SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THI$
ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE
CUSTOMER.
(2) The Customer agrees that the payment schedule Is as follows:
Provide all required software and Licenses
One hundred percent (100%) of the annual license price is payable within thirty (30)
days of exemAian of this Order Form and Service Agreement. (37,000.00)
Software Provisioning for first half of Insight Enterprise
Fifty percent (50%) of the non-recurring costs are to be paid to NEQGOV within thirty
(30) days of the execution or this Order Form and Service Agreernent. ($2,500.00)
Software Provisioning for second half of.Insight Enterprise (Cam pIstlon of Post
evaluation)
Fifty percent (v0%) of the non-recurring casts are to be paid to NEOGOV within thirty
(30) days following the thirty day post -training period, (S2,500.00)
(3) Neither the Custamer rior NEOGOV will be bound by this Order Form until it has been
signed by authorized representatives of both parties_
(4) Changes or alterations to this Order Form +, N not be accepted.
THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY
DISCLAIMERS AND LIABILITY LIMIT ATIONS CONTAINED IN THE SERVICE AGREEMENT
BETWEEN THE CUSTOMER AND NEOGOV.
DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE
AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE
READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS.
Customer NEOGOV. Inc.
Signature. Signature;
Print Name:Print Name:��m-+Q
Title: A4.- Title:
Date- L Date. r x-
NEOGOV, Inc_ Proprietary and Confidential Wage 8 of 8
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CERTIFICATE OF LIABILITY INSURANCE QATELIfAlDDfln^I
129&+'2011?
THIS CERTIFICATE IS iZSUIED AS A MATTER OF IrJFORMATTON ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE t4OI-OFR, THIS
CERTIRCATE DOES NOT AFFIRINATNrELY OR NEGATIVELY AMD. SXTEND OR ALTi R THF COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS (EFRTIFIOATE OF INSU"NCR DORS NOT CONSTITUTE A CONTRACT EETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVR OR PRODUCER, AND THE CERTIFICATE HOLDER.
WPORTABT: IT tho cortlT6cat4 Holder is an ADDITIONAL FNSURI✓D, tho ptrlicyliou) must be endorsed_ If SUBRO(3ATION IS WAIVCD, subjsct to
mo tont and conditions of tho polloy, cattaFn pol Ictss may raquim all ondar"mimit A stlatamcaf an thl6 certlfIcatle dues not confer right-^ to tm
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222 N Sepulveda Blvd. Ste 20DO
EF Segundo, GA OD245
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SHQLN-D ANY OF THE ASOVH DE^eCWBEb POt hmI S aR CANCELMD BEFLU RE
City of F4rjELLevlIs TELE EXPlI A-FlON GATE 'r MFtr;Of, NOTICE. 1rJL1.L EIA pl;l I�IERED 94
1131N. Muurltain AWORVANCE WITH THE nLIGy PROVISIONS.
Fayetfevilte AR 72701 AUTN01117E6 RFPRE9FrITA-It2
'S I�p46•AUlltf Hld Lrr%V bifnrV roti r 1V IN. +ur Pry 11w r eaVI rWA
ACi]R6 25 {20009} The AGORO TyTme end logo ars rcglstar>3d marks of AG47RD A
�
Missy Lefler
Submitted By
City of Fayetteville Item Review Form
2013-0218
Logistar File Number
NIA
City Council Meet! ng Date -Agenda Item only
WA for Non -Agenda Item
Action Required:
NWQ�W juin VAmm.
UOUM sabxz
Chief of Stiff
Department
IThe Mayor's signature is needed on this $14,500 contract, which is a non -agenda item. This is the
software the City will start using for job performance evaluations.
Once implemented, the recurring cost will be $12,004 annually,
Does this item haue a cost? Yes
$14,500.00
Cost of this request
1010.1220.5416.00
Account Number
Project Number
Budgeted Item? Yes
Previous Ordinance or Resolution #
Original Contract Number:
$14,500.00
Category or Project Budget
$0.00
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached?
Job Perf Eval Software
Program or Project Name
Software Maintenance
Program or Project Category
General
Fund Name
V:1 IJOU12
Cornrnents:
Per Purchasing, not subject to competitive bidding as a sole source. This is an add-on component
available as a separate purchase that we can add on to the Neogov job application software systew
the City already has in piece,
aye ei le
NON -AGENDA ITEM MEMO
To; Mayor Jordan
Thru: Don Marr, Chief of Staff
From: :Missy Lellar, Human resources Dircetor
Date: December 12, 2013
Subject: Job Performance Soft ware Contract
PROPOSAL:
THE CITY DF FAYETTEVI LLE, AR} MSAS
DEPARTM ENT CORRESPONDENCE
This proposal is for the City and Neogov to enter into a contract for fob performance evaluation softwme. This
item is sold as an independent "add on" to the Neogov job application software the City already uses for hiring,
PA sheets, aizd regwsitiofls. Purchasing an "add on" provides Llie City with hotter software than it could get for
the same money Ercyn a brand new source, plus has the adv uxta;e o F being software many managers already
use.
It is anticipated that greater efTicieracies will be realized with this software, as .,vas tlxe case when the City
switched from paper job applications to electronic ones. Electronic items can be electronivally routed foz
x-tMem and signature; managers will be empowered to look up due dates / overdue dates on their employee
evfaluatiomi, and they will also be able to see exactly where a given docurne"t is in the review process.
Further, software will permit the City to do peer evaluations and reverse evaluations, which measure
interactions with non-dopa-rtwental colleagaes and nianagers' treatment of suboWindles, respectively. Mary
ernploycrs do these but the City never has, so this will help elevate the level of j ob performance ('eedb�i-c;k.
As with the prior Vcogov implementation. no IT staff' Lime tiNill he required. The platform is housed on
'NeoOov°s server, and HR staff will handle the implementations �Ls belbre.
RECOMMENDATION:
Staff recommends th . purchase of this softy,, --are.
BUDGET IMPACT:
Mis item is already in the approved budget, for the purchase price requested
Survive Agreement
THIS ON-LINE SERVICES A(:REEM ENT (this "Agreement") is made and entered into this .Q f) day of
Uecetuber , 2013, by and between GnvernrnentJobs.coro, Inc., a California corporation (dib..a "NBOCTO3i" ):
and the City of Fayetteville, .Arkansas a public entity acting by and through its duly appointed representative
("Custortaer").
1. Provision of On-line Services.
(a) Customer hereby engages NEOGOV, aid NF.O(10V hereby agrees (subject to the terms and conditions set
forth herein), to provide the services (the "Services") rocas: Cully described in this Agreement and in Exhibit A
(Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the
Services is dependent and conditioned upon Cugufiner's full performance of its duties, obligations and
responsibilities hereunder.
2. Additional NEOCO + Resr onsihilitics. Tn cunnectian with the performance of this Agreement, NEOGOV
shall be responsible for the following;
(a) tiLOG OV shall provide all required bmAing and operations support for the applications provided through this
agreement.
(b) NEOGOV shall follow those support; maintenance and other procedures and shall provide those support,
maintenance and other services to Customer mare ful ly dcscribcd in this Agreement.
3. CUSt8]n_cr Rcsponsibalitie& ID connection with the performance of this Agreement and the provision of the
Services, Customer shall be reapoisible for the lullowin?:
{a) NI;OGOV's logos, including the "powered by" Ingo, may appear on the "employment opportunities", "job
description" and other pages of Customer's web site that the Customer agrees to in writing.
(h) Customer shall be responsible for ensuring that Cnst,UrncrN use of the Services and the performance of
Customer's other obligations hereunder comply with al laws applicable to Customer_
(c) Customer shall be responsible, as between NF.QGC)V and Customer, for the accuracy and completeness of all
records and databases provided by Q3st4n1er in ecn,nectian with this Agreement for use on NEOGOV's system.
4. G�yucrsltii, Prcrstio:r and Securzty_
(a) The parties agree that the NF.00OV marks and the Customer marks shall both be displayed an and through
NEOGOV's system(s).
(b) Ownership of any graphics, text, data car other information or content materials and all records said databases
supplied or Airnished by Customer hcxs;rmder for incorporation into or delivery through the application(s) desc-nbacl
in this agreement shall rvinain with Cmtomer, and NEUGOV shall cease use of all such material upon termination
of this Ag eentent.
(c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any
licenses or other rights with respect. to NIFOGOV's snftwarc system (source code or object code) other thara the rio, it
to receive Services as expressly provided herein. NEOGOV shall retain all ownerrship in the intellectual property
acid all other proprietary rights and into—Lsts associated with KL40GOV's software system and Services and all
components thereof and associated doculmentnti(m, CXU,`pt as expressly provided herein,
(d) NEOGOV grants to Customer a lirnited license daaing the term of this Agreement to use and reproduce
NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity
NEOGOV. Inc,
Page I of 8
materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to
Customer's standard guidelines and requirements for use of such trademarks and logos.
5_ NEOGOV Rc rmentations rind Warranti.c3.
(a) SA.rvice Perfarmanee Warranty. NEOGOV" warrants that it will perform the Services in a manner consistent
with industry standards reasonably applicable to the performance thereof
(b) No Other Rrarraray. EXCEPT FOR TEE EXPRESS WARRA,MBS SET FORTII IN THIS SECTION 5,
TILE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUST020ER'S t -SE OF TI IE SERVICES IS
AT ITS OWN RISK. NEOGOV DOES NOT'AAKE., AND IIEREBY DISCLALI4S, ANY AN -D ALL OTHER
EXPRESS AND. -'OR IMPLIED WARRANTIES, INCLUDING. BUT NOT LIMITED TO,WARRANTIES 01;
IAERCILA-NTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGENIENT AND TITLE, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE. OR TRADE PRACTICE.
Nr.OGOV DOES NOT WAI'tRANT TIIAT TIIE SERVICES I ILL BE UMNTE,RRUPTED, ERROR -FREE, OR
COMPLETELY SECURE.
(c) Disclaimer of A crions Caused by artetlm Linde)- the Control of Third I'arties, NEOGOV DOLS NOT AND
CANNOT CONTROL THL I'Lo OF DATA TO OR FROM THE NEOGOV SYSTEM AND O'IHLR
FOR'11ONS Of '114E.1'N'1'L.RNE'T'. SUCH FLOW DEPENDS 11\1 LARGE PART ON THE Pr,It1+OkMANCE- OF
INTERNET SL•'RV10ES PROVIDE -L) OR C:ONIROLLEW BY T141 I) PARRIES. A'1' 'ITME.S, ACTIONS OR
INACTIONS OF SUCH 'THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO
'1,HL''• Imm-RNE'f' (OR POk'11ONS '114117REOr), ALTHOUGH NEOGOV NkILL USE COMM1,RC:IALLY
REASONABLE E1 -'FORTS TO'CAKE ALL ACTIONS IT DEEMS APP1t01'1t1AI'L TO RJ✓MEDY AND AVOID
SUCH EVENTS, NEOGOV CANNU'1' GUARANTEE. THAT SUCH LvENTS WILL NOT OCCUR.
ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROh1 OR RELATED TO
SUCH EVL.NIS.
6. Fublieiiy. following execution of this Agreement, the parties hereto may issue a press release, the form and
substance of which shall be mutually agreeable to the parties, announcing the relationship created by this
Agreement. Except as expressly contemplated herein, neither party shall issue any additional press release which
mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other
party, which consent shall not be unreasortably witbheld.
7. NondiscIrisitxe. Through exercise of each patty's rights under this Agreement, each panty may be exposed to
the other party's technical, financial, business, marketing, planning, and other infarntation and data, in written, oral,
electronic, mapietac, photographic and/or other forms, including but not limited to (i) oral and written
communications of one party with the officers and staff of the other party which are marked or identified as
confidential or secret or similarly rnartced or identified and (ii) other communications which a reasonable person
would reco Mize from the sulToundigg facts and circurnstances to be contidentaal or secret ("Confidential
Information") and trade secrets. In recognition of the other party`s need to protect its legitimate business interests,
each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a
trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other
party and that it will not, without the express prior 1nzitten consent of the other party or except as required by lain
including the Freedom of Information Act of the State of Arkansas. redistribute, market., publish, disclose or divulge
to any other person, firm or entity, or use or modify for use. directly or indirectly in any way for any person or
entity_ (i) anyof the other party's Confidential Infonnation duriug the term of this Agreement and for a period of
three (3} years after the termination of this Agreement or, if later, from the last date Services (including any
warranty work) are performed by the disclos ing party hereunder, and (ii) any of the other party's trade secrets at any
time during which such information shall constitute a trade secret under applicable law.
S. Liability Limitations,
(a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOy's
NEOGOV, Inc.
Page�2 of 8
Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such
claim or infringement relates ro any third party sofh-vare incorporated into NEOtiOV's applications), NE000V will
defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded irk such
acrion or any settlement resulting from such action (provided that Customer shall penult NEOGOV to control the
defense of such action and shall not make any compromise, admission of liability or settlement or take any other
action impairing the defense of such claim without NEOGOV's prior whtten approval).
(b) Customer acknowledges and agrees; (i) that NEOGOV has no proprietary, financial, or other interest in the
juucis or services that niay be described in or offered through Customer's web site; and (ii) that except with respect
to any material suppiled by NLOG 0V, customer is solely responsible (as beim een -NEOGOV and Customer) for the
content, quality, performance, and all other aspects of the goods or services and the information or other content
contained in or provided through Customers web sire.
(c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET VORTH IN TfIIS AGREEMENT,
NEOGOV DOES NOT MAKE A -NY WARRANTIES TO CUSTOAIFR OR ANY OTHER PERSON OR
ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOIJT LiMfTATiON, ANY
WAR1L4d`%'PIES OF MERCHANTABILITY OR FITNIFSS FOR A PARTjCI.LAR PUIRPOSF.) WITH
RESPECT TO THE SERVICES PROVIDED HEREUNDER. 1ti FOGOV SHALL NOT 19F LIABLE TO
CUSTOMER OR TO ANY OTIiER PERSON OR ENTITY, UNDER .ANY CIRCUMSTANCE DIS DuE TO
ANY EVENT WIIATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE,
(d) l;n*r no circumstances ~hall NEOGOV's total liability to Customer or any other person, regardless of the
nuture of thi; claim or Corm or action (,,vhclher arising in conrract, tort, strict liability or otherwise), exceed the
aggregate amount cif recti and nvenui received by NEOGOV hereunder for the prior twelve (17) monrh period;
1)rovided, however that the inrcgoing limitations set forth in this Section 8(d) shall not apply to actions broaght
under s(a) above or to any injury to persons or damages to property arising out of NEOGOV's gross negligence or
willful., gross tnisconduci_
9_ Terni and Termination.
(a) This Agrecrnent shall commence as of the date hereof and remain in effect for thirty-six (36) months unless
terminated by zither party as set forth herein ("Initial Tenn"),
(b) This Agreement may be renewed for additional terms (" Renewal Term") equal in duration to the Initial 'Perin
pruvidcd Customer notifies NLOG OV ai least thirty (30) days prior to the end of the Initial Term or a Renewal
Term_
(c) N140GOV reserves the right to terminare this Agreeinenr immediately if the Services provided hereunder
4vuome illegal or conlran, to any applicable Jaw, rule, regulation or public policy_ Each party shall have the right to
terrninalu thiq Agreement upon Sixty (60) days prior wrilten notice to the other party.
(d) IVithin sixty (60) days of nnliJicatitrn of termination of this Agreement, Nt;C}C' OV shall provide Cusw[ncr NALh
a dedicated data files suitable for importation into commercially available database software (e.g-, M- S -Access or
NIS-SQ1.) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The
Structure c)f the relational database will be specific to the Customer's data and will not be representative of the
PT(TrieLary NEOGOV database. NE(XiOV shall likewise refund customer its prorate share of prepayment by
customer for twelve (12) months of service and -or maintenance fees or any other ainonuts pre -paid by customer to
NF,[)GOV.
10. piynieuts
(a) fnirral Term- See L-`xhJbit A (Order Form)
(b) Renewal fertn(s)_ For each Renewal 'Terni, NEOGOV will continue to provide Customer with the Services, and
NEOGOV. Inc. ---� - Page 3 of 8
will pnwide maintenance and support SerViCCS as described herein, provided C:ustonner issues a purchase order or-
rnodiitcation to this Agreement and pays N EM, OV in advance the annual r4cLirring charges then in effect. 1f there
is an incrcaxc in annual maintenance m)d support charges, NEOGOV .shall give Customer written notice of such
incyea.�x: xL least thirty (30) days prior to the expiration of the applicable term_ For each Renewal Ternn, iucremes in
annual maintenance and support charities shall not exceed the five percent (5%).
11. Force >ylajemre_ NLOG OV shall not be liable fin any damages, costs, expenses or ether consequences incurred
by Customer or by any other person or entity as a result of delay in or inability to dg1ivcr any Services due to
dreumstances or eVCntx beyond NEOGOV's reasonable control, including, without line tation: (i) k=% of God; (11)
changes in qr in the interpretation of any law, rule, regulation or ordinance; (iii) strikr:s; lockout, or other hibor
problems; (iv) tranxportatian delays; (v) unavulabibly or 4upplles or materiab; (vi) fire nr explUsioct; (Vii) riot,
military action or usurped powor: or (viii) actidttis or fuilta-cs to act on the part of a goysmmental aut.hiority_
12_ Ttisi.ellar►e«rt!;_ Eith►T parry may not assisn its rights or obligations uuder this Agreement without the prior
written conscriL of the other party, This Agreement may not be modified or amended (and no rights hereunder may
be waived) e;xcupL through a written instrurtrent si?ncd by the party, to be bound. Thix Agreement constitutes the
entire ii reemunt bet,zvecn the parties with respect to the subject matter hereof and shall be governed by and
corrstR1Jl an accordance with the laws of the State of Arlmsas, without giving eMeCL to Conflict of lazy rules.
Customer acknowledges and agrees that this agreement is not intended to be and shall not he construed to be a
franchise or bu%incm opportunity.
IN WITNESS WHEREON; the parties have cuuxcd this Agreement to be executed by their respective duly
authorized offiee:rx as of the date set forth A) c,
custamer
Signature;
Print Name: L i et, r 1"•) d•_n
Title; A 44t r-
Government)obs.coFri, Inc., a California co .at1on
signature _��2-'
Prhittiame: Scott f.ettytrmM
Title. _ presidwt
Date: l 2 O
NEOGOV, Inc.
Page 4 of 8
Order Form NEO,
Fayetteville, Cite of Arkunws
hll(xssv i.eflar
Human Resources Dimuor
mktlarCJ)tayetteville-ar gov
(479) 575-8298
Quote Date:
Valid From -
Valid To;
Order Summar
EX 11 [ B IT A — 01WER FORM
Fayetteville, City of Arkansas
Missv Leflar
J 13 West Mountain
Fayetteville, RR 72701
12!12.:2013 Revision,
12'12-'2013
1.2/31/2033 Order Number:
TBD Initial Tarns:
1.0 1'erformance Evalunfion
1 _ l License Subscription,
$12,000,00_
1-2 Provisioning $2,500,00
1.3 can -line User Training
Total $14,500.00
- �., •:�;'vsy � ,•� �'y' Via. .�
c sem. : ` R
i,'nlirnllcd Customer Support M — F: 6'(1{} ,q _ {�,{�{} Y[49 1''l' Included
Product Upgrades to Licensed Software Included
NEQGGV, Inc_
Proprietary and Confidential
Page 5 of $
Order Form NEOOT
EXHM <T A — ORDER FORM
()rder Detail
1.4 NEOGOV Per rormance Evaluation (PE)
LI PE Subscription License
'l'he annual license for the \EOGOV Pertbmiance Fvaluations Softare includes the following:
•
Configurabie Perfornianae Evaluations
•
Development Goals
•
Team. G]'ouping
•
Coi)fwurable Work 17ow
•
goal Library
r
Ability to Dcsign Custom Forms
•
Shareable Competence Content
•
Norm Templates
•
Goal Copying.
•
Configurable Rating Scales
•
Ability to Re-usu {loins
•
Batch Fonn Creation
•
Qrg Charts
IF
Goal ,Alignment
•
Archiving Fornis
•
6oal Hierarchy
•
Up[oading Content
•
Writing Assistaut—Shared Content
Additionally, during the germ of the subscription, the C:ustorner wi[I be provided:
Product Upgrades to 1.icensed Software
Agencies receive all prodtxt upgrades to purchased package. Product up_pmdes are automatic and available
upon the next loyin fallowing a product upgrade rollout. Product upgrade rollouts are generally released
every three months
1,2 PF Provis h in i ng
The following U4Jivftics arc a7nduetcd as part of the'NEOGOV PE imp] ementation
* Assign a NFOGOV project irrrplementation specialist
* Conduct 1-trojcct kick off conference call to proAde an over -view oJ'thc system, review implementation
plan, and discuss deliverables timeline, project roles and m igtnncnLs
• FstabJish your agency's perfonuance evaillatiorl production cnvironmcnt
Provide import of existing employee data into the system
1.3 PE Traiuing
Training is a one-time cdst and includes the IbIIowirro:
• Unlimited online training; with on -demand, self running tutorials
• Access to monthly conference culls with PH users
• Access to the online NF.OGOV Community, a discussion forum to network witli other users and pruvidc
answers to your PE questions
• Customer Support shall be provided to the Customer both on-line and by telephone Mor day Friday,
6-00 ANI -6.00 PM PT (excluding \FOGaV holidays).
NEOGOV, Inc.
Proprietary and Confidential
Page 6of8
Order Farm
Order Form Tcr•rns and Conditions:
NEOGOV"
(1) Thu Cusiorntr hereby orders and Gor'ermnentJobs.com, Inc. (d;'bla NEOGOV, Inc.: hereafter"I�IlAGa1�")
agn:es to prtjvide the senJces described in this Order Form, TI IE SERVICES ARE PROVIDED PERS IJANT
TO THF TFRTvIS ANT) COIF DITIONS OF TIES ORDER FORM AND TIIE SERVICIi AGREEMENT
BF.TWF.FN NEOGOV AND TAB CUSTOMER.
(2) The Customer agrees that the pa,'rncnt schedtLlc i:t a:c fnl10WS:
Provide aR required software and licenses
One bundred percent (10V/,j) of the annual Iicense price is payable within thirty (30) days of exCcuuon of this
Order Fonn and Service Agreement. ($12,000.00)
Software Provisiorritrg
Ojie hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty- (30) days oC
the execution of this Order Form and Service Agreement, {S2,500.0)
Training;
One hundred px.n c n1(100%) of the noD-recuning costs are to be paid to NEOCTOV within thirty. (3 0) days of
thu execution of this Order Farm and Service AWeement, ($0)
(3) NOtber the Customer nor NEOGOV will be bound by this Order Porra until it has been signed by aLLth0TiYCd
represmitatives of both parties.
(4) Changes or alterations to this Order Form will not be aculpwd.
TIIEREARE SIGNIFICANT ADDITIONAL -I-E-R.V1S ANIS CONDITIONS, WARRANTY DTS('I.AIMFR S AND
LIABILITY LIMITATIONS CON'1'AINE-1) IN THE; SERVICE: A(IREEME:NT BETIWFFN THF. CUSTOMER
AND NEOGOV.
DO NOT SIGN THIS OkDL-RVORM BE] -ORE Y 0 U HAVE READ THE SERVJCF. ATRF.EWN' T 1N TTS
ENTIRETY, YOUR SIGNNATURF, BELOW 1N'D1CA'1'IE.S 'I'ELAT YOIJ HAVE READ THE SERVT('F
AGREEMENT AND AGREE TO BE 1301JND 13Y ITS PRO VIS10NS.
Cumtorner 4-- NEOCOV.Inc.
Signature:
Print Name, A rr, Print Name: Crt3tt Lctt�urncau
Title; J Title; President
Date: r �,—_ Date;l.� t
NEOGOV, Inc_ Proprietary and Confidential Page 7 of 3
NEOGOV Order Form Approval
City of Fayetteville Staff Review Form
2023-0839
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Keith Macedo 8/4/2023 INFORMATION TECHNOLOGY (170)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of the attached NEOGOV order form to add a Text Messaging subscription to the existing NEOGOV
agreement to improve applicant engagement.
Budget Impact:
1010.120.1220-5416.00 General Fund
Account Number
Fund
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
59,802.00
Funds Obligated
$
58,379.31
Current Balance
1,422.69
Does item have a cost? Yes
Item Cost
$
641.68
Budget Adjustment Attached? No
Budget Adjustment
$
-
Remaining Budget $ 781.01
V20210527
Purchase Order Number: Previous Ordinance or Resolution # 145-45,15-19, 213.17
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
08/10/2023
CITY OF
FAYETTEVILLE
ARKANSAS
STAFF MEMO
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
Missy Cole, HR Director
FROM: Keith Macedo, IT Director
DATE:
SUBJECT:
August 4, 2023
Approval of the attached NEOGOV order form to add Text Messaging to the
existing NEOGOV agreement to improve applicant engagement.
RECOMMENDATION:
Approval of the attached NEOGOV order form to add a Text Messaging subscription to the
existing NEOGOV agreement to improve applicant engagement.
BACKGROUND:
The city has utilized NeoGov since 2010 for new employee applications and over the years have
added modules to include performance evaluations, onboarding, and integration with Tyler New
World ERP. NEOGOV is a completely hosted software solution that has a solid history of upgrading
their products to take advantage of new technology and improve functionality. Earlier this year HR
went live with NEOGOV Onboarding module which has improved the efficiency of new hire
processing and the new Text Messaging subscription should continue HR's goal of optimizing
applicant processing and onboarding.
DISCUSSION:
The attached order form will approve the purchase of NEOGOV Text Messaging annual
subscription which will allow HR and hiring supervisors to communicate with applicant via text
message, in addition to the existing email functionality. HR and IT staff have reviewed the Text
Messaging subscription and believe it will help improve the efficiency and timeliness of
communicating with applicants. The attached proposal will be added to the City's existing
NEOGOV agreement and will co -term on the same date of December 30.
BUDGET/STAFF IMPACT:
The cost of the Text Messaging subscription is currently $1,535.00 per year but the first year is
pro -rated at $641.68, to align with the existing December 30 agreement date. Funding is
available within the HR operating budget software maintenance account to fund the $641.68
within the FY 2023 budget and HR is requesting a new budget request for $1,535.00 to fund the
NEOGOV Text Messaging subscription for FY 2024.
Attachments: Staff Review Form, Staff Review Memo, NEOGOV order form.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
t
Exhibit A
Order Form
NEOGOV
Governmentjobs.com, Inc
2120 Park PI, Suite 100
El Segundo, CA 90245
United States
billing@neogov.com
Sales Rep: Rock Syddall
(dba "NEOGOV")
Quote Valid From: 7/13/2023
Quote Valid To: 7/31/2023
Employee Count: 610
Order Summary
Candidate Text Messaging Prorated
NEOGOV
Customer:
Fayetteville, City of (AR)
113 W. Mountain
Fayetteville, AR 72701
USA
Quote Number: Q-11658
PaymentTerms: Annual,Net 30
Subscription Term in Months: 20
Service Description
Start Date
End Date
Term Price (USD)
Candidate Text Messaging Subscription
7/31/2023
12/30/2023
$641.68
Candidate Text Messaging Prorated TOTAL:
$641.68
Candidate Text Messaging Year 2
Service Description
Start Date
End Date
Term Price (USD)
Candidate Text Messaging Subscription
12/31/2023
12/30/2024
$1,535.00
Candidate Text Messaging Year 2 TOTAL:
$1,535.00
ORDER TOTAL (USD) : 1 $2,176.68
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned
upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed
hereto or the version most recently published prior to execution of this Ordering Form available at
https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used
but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services
Agreement.
2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering
Document until it has been signed by its authorized representative (the "Effective Date"). Unless
otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the
Effective Date. This Ordering Document may not be modified or amended except through a written
instrument signed by the parties.
I Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order
shall be non -cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict
with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
Pro -Rated SaaS Subscription Fees shall be due net thirty (30) from date of NEOGOV invoice. Annual
SaaS Subscription Fee invoices shall commence after expiration of the Pro -Rated Term
"Fayetteville, City of
(AR)"
r
Signature:
Print Name: Mayor Lionel ordan
Date:
08/10/2023
NeoGov Order Form - Single Sign On Module
City of Fayetteville Staff Review Form
2024-0570
Item ID ARCHIVED
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Keith Macedo 8/30/2024 INFORMATION TECHNOLOGY(170)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Approval of the attached NeoGov ordering form to purchase NeoGov's Single Sign On module.
Budget Impact:
4470.170.8170-5315.00 Sale Tax Capital
Account Number Fund
24007 IT Enterprise Application Improvements
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 165,000.00
Expenses (Actual+Encum) $ 31,467.90
Available Budget $ 133,532.10
Does item have a direct cost? Yes Item Cost $ 3,150.00
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget 130,382.10
V20221130
Purchase Order Number: Previous Ordinance or Resolution# 7 q
Change Order Number: Approval Date: 09/09/2024
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
FROM: Keith Macedo, Information Technology Director
DATE: August 30, 2024
SUBJECT: Approval of the attached NeoGov ordering form to purchase NeoGov's Single
Sign on module.
RECOMMENDATION:
Approval of the attached NeoGov ordering form to purchase NeoGov's Single Sign on module.
BACKGROUND:
The city has utilized NeoGov since 2010 for applicant tracking, online job posting, and job
performance software. City staff continues to review how to improve NeoGov to increase the
efficiency of applicant tracking, onboarding of new hires, and performance reviews.
DISCUSSION:
Human Resources is in the process of revamping the annual performance review process and
is going to implement digital signatures. NeoGov digital signatures will require all employees to
login to NeoGov which currently requires a separate login and password. The attached order
will add the NeoGov single sign on module to our NeoGov software which will enable staff to
login with their existing network/email login. This will reduce the complexity of logging into
NeoGov and decrease the number of support calls related to password resets and login issues.
BUDGET/STAFF IMPACT:
The NeoGov single sign on module is an additional $1,823.00 annual fee, which will be paid as
part of the existing annual maintenance agreement from the HR Contract Services account. The
annual fee is subject to a 5% annual increase per the existing NeoGov agreement. There is an
additional one-time implementation fee of$3,150 which will be paid by the IT Enterprise
Application CIP project.
Attachments: Staff review form. Staff review memo, NeoGov Order Form
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Exhibit A NEOGOV
Order Form
NEOGOV Customer:
Governmentjobs.com, Inc. (dba "NEOGOV") Fayetteville, City of (AR)
2120 Park PI, Suite 100 113 W. Mountain
El Segundo, CA 90245 Fayetteville, AR 72701
United States USA
billing@neogov.com
Sales Rep: Emily Willis
Quote Valid From: 8/21/2024 Quote Number: Q-17564
Quote Valid To: 9/20/2024 PaymentTerms: Annual,Net 30
Subscription Term in Months: 12
Employee Count: 610
Order Summary
RECURRING
Service Description Start Date End Date Term Price (USD)
Single Sign On Subscription $1,823.00
RECURRING TOTAL: $1,823.00
ONE-TIME
Service Description Start Date End Date Term Price (USD)
Single Sign On Setup $3,150.00
ONE-TIME TOTAL: $3,150.00
ORDER TOTAL (USD) : $4,973.00
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned
upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed
hereto or the version most recently published prior to execution of this Ordering Form available at
https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used
but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services
Agreement.
2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering
Document until it has been signed by its authorized representative (the "Effective Date"). Unless
otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the
Effective Date. This Ordering Document may not be modified or amended except through a written
instrument signed by the parties.
3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order
shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict
with the Services Agreement, applicable Schedules, and Service Specifications.
B.Special Conditions(if any).
"Fayetteville, City of NEOGOV
(AR)"
•
Signature: Signature: LauA.a, AC4.-
Print Name: Print Name:
Mayo ioneld Jordan Laura Rice, Revenue Manager
Date: Date:
September 9, 2024 August 30 2024