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2010R76 - NEOGOV
RESOLUTION NO. 10-R-76 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SERVICE AGREEMENT WITH GOVERNMENTJOBS.COM, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a service agreement with GovernmentJobs.com, Inc. relating to the City recruiting and application process; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with GovernmentJobs.com, Inc. pursuant to the Service Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with GovernmentJobs.com, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50359504.1 PASSED AND ADOPTED, this 7th day of December, 2010. ATTEST: lty Secretary (CITY SEAL) 50359504.1 / `~~' C?~`l ~~ I~00 Sf,l•I11~'r:T.1'ARl{tYAl' ~ ~1 SC111,1~"r'Y, 11~::±it1'~ 73151-.16:i=~ ~~ ~, , ,~~ ,;~ talon ~1~-112 r ~ ~~ ,' 1~A",i {210) (i19-T 159 "x'e~€snt~``"~% trtl~ tics=(F~.~CrIL't'L2.~'pdil Date: Novembe r 70, 20'1{3 Subject: NEOrOV Applicant Tracking System From: Donna Dykes, Human Resources Director To: John Bierschwale, Assistant City Manager David Harris, Assistant City Manager Don Taylor, City Manager Bob Cantu, Assistant to City Manager Juan Santoya, Finance Director I:)o~n~a :13yrecs l~liuatirr l~esou~•ces I)ia•eet€~~• The Human Resources Department did request for this Budget year funding for applicant tracking, however it was postponed due to lack of funding. The City has several personnel positions that were not imr~tediateiy filled in the new fiscal year.. Recommend the cost savings from .the initial vacancies be used to fund the NEOGOV applicant tracking system costs. The NECJGDV Applicant tracking system is currently being used by Dallas, Houston and Round Rock. They only work with government entities and are established. The benefits of this system is that it will streamline and improve our recruiting process, by providing electronic acceptance of online applications, applicant tracking, EEO data. collection, preliminary screening of applicants and passive recruiting. This process v+would eliminate our manual tracking of applications, manually scanning and manr.tal initial screening of applications. In addition, the package we are currently being offered would provide online performance evaluation system at no additional cost. Mr. Zack Baird, the Center Region Account Manager for NE~GOV has said that he can assure this discount price that was provided us back in June 2010 will still be valid if we make. a decision within the next month or two. The cost for this system is as follows: These ax-e relimiz~a subscri tion and im lementaton ?rice estimates. First Year Annual Thereafter _ Applicant License subscription X5,850 X5,850 NEOGOV Provisionin ~a2,500 _ _ Trainin $2, 500 Perforr~nance Evaluation License subscri Lion 0 X5,850 Incode Mterface Build $3 000 Annual Maint for the Build $500 v500 NEOGOV total cost $'i4,3a0 ~92,2Q0 _ ~r..~'' _ ~~~ _ A S Catrtdnr fo tfic rutttre included with License __ ~..~- Unlimited Customer Support M - F, 6:00 AM - 8:00 PM PT Included Product Upgrades to Licensed Software Included Recommend funding the applicant tracking system first year- as following: f~t~[ld ___ »e ~ Acca~rrtt # ~ccourif i~artie -- As`t3at~~~~ _ _.~ 101 853 511110 Re uiar $2,016.09 101 259 51111 o Re ular X7,674.74 _ 202 575 51.1110 Re ular $2,556.89 101 __ 853 511310 FICA $180,70 101 259 511310 FICA _ X687.89 202 575_ 511310 FICA _ X229.18 101 853 5113.50 TMRS $16x•35 101 259 511350 TMRS X629.45 202 575 51135fl TMRS $209.70 $14,350.Ot} These funds to be transferred to the lT Account for Computer Fees and Licenses: ~ 01-353-532400. These costs are paid up front each year and if we wish to continue the services, we continue. paying the annual costs. The contract does not require locked in commitment. from one year to the next. The City is free to Dave the services at any time. Also, if we leave the services, the data belongs to the City. See proposed contract attached. is ~: ~s;c, };~~~x.',~:;~x''.exx>t:kr;scxiev,.aexxx,.x:]c se >;cx~~x~;:~sY, iexxx~ x;c:e>',: 5c oex~'x, $x. ,;:¢e>,k~.~Y:Yx*3~ae ~Y~t: ~,cx>,e Y,c scx$x. cxx t p ~.~ .~ Disapproved er a Dykes, Human Resources Director From; City Manager I concur with the transfer of funds for the NEQGOV Applicant tracking system as described above.. City Manager ~~%~'° c.e~ °2' 1' J+. ~ S t'orririor to t}ia F'~tttare EXHIBIT A SERVICE AGREEMENT 50359504.1 A-1 CITY OF SCHERTZ CO\'TRACT APPROVAL, FORM A. To be completed by Department Bead Contract urith: NEOGOV Contract. amount: 514,350 Contract for: Applicant Tracking Online Contract ptupose and amoiu~t in the budget: ~ yes no -budget amendment req'cl no -exempt because Fund transfer recommended from Personnel vacancies from 1 Oct 2010 through 15 Nov 2010 Funds available to pay Contract.: yes Fund/Account to be charged: See attached Fundln~ Letter Nov 10, 2010 approved by City Manager Conrtract requned to be bid: ~ yes ~ no Bidding completed: 0 Yes NA (if ~On~rac~ ts°~essq~'luian~50,000. Also considered Applicant Biddizig exemption (if bidding is not required):tra 'iilg from PeopleAdmin ( o t 1,000), T,a~.~er Fiche c~gst $29,000) and ADP (Cost $23,856). Contract approved by City Cotiuicil: yes Date of City Council approval: December 7. 2010 Ol'~A (if approval is not req'd) If not approved by City Council, wlay not: No blanks or missing exhibits in contract: ®x yes TernLS of contract reviewed and approved by Department Head: ~ yes Contract. termination date: December 7. 2011 Contract renewal date: December 7. 2011 ~ NA Contaact reviewed and approved by City Attorney: Contract reviewed and approved by City Eii~ineer: Signature by City Manager reconunen d: Department Head's signahue: yes not requested yes not requested B. To be completed by Purchasing and Asset Management Director and approved for uisurance, warranty, and Contract properly bid ui Signahue by City YES Asset. Management Director's signatuue: C. To be completed by Assistant City Maua6 . Contract reviewed and approved: yes Contract ptupose and amount in the budget: yes NA yes ~ no -budget amendment req'd 0 uo -exempt because Funds available to pay Contract: - ` yes Fiu~d/Account to be charged: Signature by City Manager recommended: ~ YES ~ ~ / v ~ Assistant City Manager's signature: D. To Ue completed by- Assistant to the City Manager Approval Form completed: yes Budget amendment require ~ yes Q no Signahre by City Manager recorrunended: ~ S Assistant #o the City Manager's signature: E. City Secretary Date fiilly-executed contract received by City Secret~y: ' ~-- Filed as: ~~--y~V Date filed to Lase~sch: ~ d.~~~ Q 50335618.2 Se~'viee Agreement TiilS ON-LINE S>;RVICES AGREEMEiVT (this "Agreeanent") is made and entered into-this 7th day ofDecember, 2010, by and .between GovcrnmentJobs.com, Inc., a California corporation (d/bta "HEQGOV"), and the City of Seitertz,Texas a public entityacting`by'and through its`dulyappointed representative ("Custamer'~ 1. provision of t?n-line Services. (a) C~aStamer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to thetenns and conditim>s set forth° herein), to provide theservices (tlte "Services"} more fi~lty described in-this Agreement and ut i~xhibit:A (Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and ccmditioned upon Customer's foil performance. of its duties, obtigafionsand responsibiftiesh~reunder,. 2, A~trli~onnlN~Q~f,~V R~nousibilifies. In connection ~viih the performance ofthis Agreement, I+IEOGOV shalibe responsible for the following: (a) NEOGOV shalt provide ail required hostitfg anti 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 attd other services to Customer more fuily,aescribed: inthis Agreement. 3. ,,C~#omer Res~onsibilitles: In connection with the perfomtattce of this Agreement and the provision of cite Services, Customer shall be responsible for the foltotving: (a) NEOGOV's logos, including the "powered, by" logo, may appear on the "employment apporhenities", "job description" and other pages of Customer's web ice: (b) Customer shall be responsible for ensuring that Customer's use ofthe Services and the performance of Customer's other obligations hereunder comply with all taws applicable to Customer. (c) Customer shalt be"responsible, as behveen; NE0(30V and Custwner far the accuracy and completeness of alt records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system.. 4. Ownership. Protection and Security. (a) The parties agree that;xhe NEOGOV marks and 4he Customer marks shalt bath be displayed on and through NEOGOV's system(s). (b) O~ntershp of any;grapi>ics, text, data,or other information or conlemt materials and ail records and databases supplied or furnislud by Customer hereunder for incorporation into or delivery through the appiica$on{s) described in this Agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon ternination of this Agreement. (c} Customer ackno~viedges and agrees that nothing In,tizis Agreement or any other agreement grants Customerany licenses or other rights with respect to NEOGOV's software system (source code or object code) other than -the right to .receive Servicesasexpressty provldedherein. NEOGS4V shall t~etain alt ownership in the intellectual property and atl .other proprietary rights. and interests associated ~v'tttt AIEOGOV's software system and Services and ail components thereof and'associated documentation, except:asexpressly provided herein: (d) 1VEOGOV grants;to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV's trademarksand logos for purposes of inciudingsuch trademarks and logos in advertising atxi pitbiicityuiaterials aml iink5 lnc: Proprietary Page solely;as permitted hereunder.. All uses ofsuch trademarks and logos shall conform to Custottter'sstitndard guidelines and requirements for use of such Eradcntarks andiugos. S. Nl'vOGOV Representations attd }ltrArranties. (a) Service Performance lYarrcrrrt}~ NEOGOV ~vacrants that it will perfornt the Services in a manner consistent wah industry standards reasonably. applicable to the performance thereof. (b) No Other IVcrrrcutty. EXCEPT FOR; THE EXPRESS' WARltANTIE$-SET 1~O[tT"H IN TH[S S)rCTION S, THE SERVICES ARE PROVIDED ON AN "AS iS" BASIS, AND CUSTOMER'SUSE OP THE SERVICES lS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AN'D/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ?MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEDGOV DOES NOT WARRANT THAT THE SERVICES W ILL BE UNINTERRUPTED, ERROR FREE, ORCOMI'IETELY' SECURE: (c) Dsclaineer ojActions Caused b3' and/or Under the Control ojTlrird Pm•ties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS. OF THl• INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR. CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF}. ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO " TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WI'LLNOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTI1dG FROM UR RELATED TO SUCH EVENTS: 6. ;Publidtx. Following execution of;this Agreement, the parties hereto may issue a press release, dte form and sabstAnce of which shalt be mufuatIy agreeable to the;parties, announcing the relationship created by this Agrecnlcnt: Except as expressly contemplated herein,. neither party shall issue any additional press release which mentions the other. patty ar the transactions contemplated by this Agreement without the prior consent ofthe other party, which cojtsent shall not be unreasonably withheld. 7. IJurtdiselosare. Tliroughexercise of each;patty's rigFets under this Agreement, each pt+rty trtay be exposed to the other party's technical, financial, business, marketing, planning, and other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and writter. conununications of one party with the officers and sta11'ofthe other party which are utarked or identified as confidential or secret or similarly marked or identified and (ii) other co-tununications which a reasonable person would recognize fmnt the surrounding facts and cirei~nstattces to be confidential or secret ("Confidential Information")and trade secrets. In recognition of dte` other party's need toprotect its legitimate business interests, each party hereby covenants and agrees drat it shall regard and treat each ite-n of inforutation or data constituting a trade secret or Confidential Inforntation of the other party as strictly confidential ~-nd whol ly ow-ted by such other party and that it wilt not, tvithot-t the express prior written co-tsent of 'the other party, or except as required by ]aw including the Public Inforntation Act of the State of Texas, redistribute, market, publish, diselose;or divulge to any other person, Finn or entity, or use or modify for use, directly or indirectly in Any way for any person orentity (i) any of the other party's Confidential Infornation during the tern oftitis 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 disclosing.partyhcreunder; and (ii) any of the other party's. trade secrets at any tune during which st-ch utfortnation hall constitute a trade secret-under applicable Iaw. 8. Liability LimltAtions. (a) lfpromptly notified in writing of any action brought against Customer jpfwhch Customer has tfctuai notice) based NEC?GOV, Inc.. Proprietary and Confrden#ial Pale 2 of 8 on a claim that NEOGOV's Services infringe a Unified States patent, eopyrighc or trade~-rk right ofa third party (except to the extent such ctaun or infringement relates to-any third party software incorporated into iVEOGOV's applications),. NEOGOV will defend such action at its expensaa~td ~viil pay any and all fees, costs or damages that maybe finally awarded in sueli`action or any settlement resulting from such action (provided that Customer shall permitNEQGOV to control the defense of such action. and shat) not snake anyeornprvrnise, admission of liability. or settlement or take any other action impairing the defense of such` claim ~vithouC NEOGOY's prior written approval},. (b) Customer acknowledges and: agrees; (i) that NEOGOV has no proprietary, f>s~aneial, or other interest in the goods or services that may be described tq or offered through Customer's web-site except far infvrmatton provided by 1VEOGOV for incltitsion on Customer's website pursuam to this Agreetttent;-and (ii) that axcept~viih respect to an~Jmaterial supplied by NEOGOV Customer is solely responsible {as bEhveen NEOCOV` and Customer) for the content, quality,. performance, and all other aspechs ofthe,goods arservices-:and tt#e information or other contem contained in or provided through:Customer's web site. {c) OTHER THAN THOSE WARRANTIES EXPRgSSLY SET FORTH IN THIS AGREEMENT, NEOGOY DOES NOT MAI{E A1VY WARRANTIES TO CIISTOIVIER OIt'ANY OTHERI'ERSOIV OR 1/NTITY, EITHER EXPRESS OR IMPLIED (INCLiIDING, WITHOU'P LIMITATIOl+i, ANY: WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE} WITH RESPECT TO THE. SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER ORTO ANY OTHER PERSON OR ENTITY, UNDER ANY CII2CUMSTANCEOR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLiJDING, WITHOUT LIMITATION, LOSS OI< PROFIT, LOSS OF-USE OR $USINESS STOPPAGI~. (d) Under no circumstances shallNEOCiOV's total liability to Gusto~ner or any other person, regardless ofthenaiure of the claim or form ofactlon (whether arising in contract, tort,;strict (iabitity or oihenvise}, exceed the 3~ (Three times) the aggregate amount offees and revenue received byNEOGOV hereunder for the prior twelve (12} month period; provided, however that the foregoing limi#ations set forth in ibis Section 8(d) shall not apply to actions brought under8(a) above or to any injury to persons or damages to property arising out'ofNEOGOV'sgruss negligence or willful, gross misconduct. 9.. ag~,'ferminatlan. (a) This Agreement shall cottunence as of the date hereofand remain in ef>rect for twelve { 12)`'montl4s unless tenninated by either partyas set forth herein:("initial Terri"). {b) This AgrecmeM may be renewed for additional teens ("Reneaval Term") egttal in duration to the initial Term provided Customer notifies NEOGOV in writing ofCustomer's exercise ofsuch. rene~val,at least thirty (3t)) days priorto the end of the initial Term or a Renewal Term. {c) NEOGOV and Customer each reserve the right t4 terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable laav; ru#e, regulation or public policy. Each party shall,have the right to terminate this ,4geeement upon sixty (6fl) days pri©r written notice-to the oilier party. {d) Within sixty {6©) days of notification of termination of this Agreement, NEOGOV shall provide Customer whit a dedicated data files satiable for importation into eornmerctally availAble database sofhvare (e.g„ MS-Access or Iv1S-SQL) The dedicated'data files will be comprised ofGustomer's data co~itained to NEOGOV's system. The structure of the .relational database. ~yill be specific to tl#e Customer's data and wilt-: not be'representative of the propr~etary NEOGUV database. 10. Payments. (a) lnlihCTerm. See. Exhibit ' ':(Order Form). NEt)GOV, ire. Proprietary and Confidential Page 3 of 8 (b) Rerte~vai T~ »r(s). "or each lteneevai Term, NEOGOV ivi11 continue to:provide Customerwith the Services, and evill provide tnaintentmce and support sereriees as described herein, provided Customer issues a purchase order or modification m this Agreetnertt and pays NEOGOV in advance the anmtal recurringcharges tUen in effect. 1f there is an inaettse in entrust maintettanee a»d support charges, N EOGOV shall give Customer mitten notici~ of such increase at leasrthirty {3U)"days prior to the expiration of the appticable terns: 11. a Majelr~e. NEOGOV shall not be liable for any damages, costs, expensesor other consequences incurred $y : Cusiottrer or by any other person or entity as a result of delay in or inability to deliver Any Services due to circumstances: or events beyond NEOGOV's reasonable control, including, evithotu limitation: (i) acts of God; (ii) c[ranges in or in the interpretationof any'taev, rule, regulation or ordinance; (iii) strikes, lockouts orotirerlabor problems; (iv) transportation delays; (v) unavailability of supplies of materials; (vi) fire or eacplosion; (vii) riot, military action or usurped power;; or (viii) actions ar faihtresto act on the parrot a governtnerttsl authority. 12. PTi~vback Clause. It is understood and agreed by:Custatncr and NEOGOV-that any governmental entity may .:..purchase the Services specified herein in accordance evith the prices, terms, and conditic-ns of this Agreement.. It is also understood and agreed that each local et-tity will establish its aevn contractevith NEOCOV, be invoiced therefrom at~d ::make its oevn ..payments to NEOGOV in accordance: with tl~e teens of fire contract established.. behveen tits neev ;govetmuental entity and 1+iEOGOV. It is also Etereby mutually understood'and agreed that Customer is not a'legally 'bottnd-party to any contractual agreement made bcteveen NEOGON and spy entity otirerihatt Customer. 13: ~I~Ceellaneous. Father partytnay not assign its rightsor obligatiotu ttcider this Agreemetttavithout the prior written .consent of the other party. This Agreement may not be modified:or amended (and no rights hereunder may be waie~ed) except thtaugh s evritten instrument signed by the party is be bound. This Agreement constitutes the entire agreement behveen the parties evitlt respect to the subject matter hereof and shall be governed by and eonstr<ied i n accordance evith the laevs ofthe'State of1'cxas, evithout givingeffectta conflict of Is-vrules. Customer ackno~vledges'and agrees thatthis Agreement is not intended to be and shall not be construed to be s franehise:or business opportunity. IN WITNESS WHEREOF, the parties have caused this: tlgrecment to be executed by their respective duly authorized offieersas of the date set forth above: .Customer C1ty of Scltertz, TX `Signstttre: PrintNante: Uon E. Taylor :Titles Ci Manager GoverntnentJobs,eom,Inc,, aCalifornia c ration 'Signature:. ___ Arint Name: J f ~[~r~r' ~ P..G~ t.r Title: p~e`~~.1~~ Dater r~a`7~1o NEOGQV, inc. Proprietary and t;onfklentiat Page 4 of 8 Qrder Form ~~~~'-t(,~~,~ EXHIBIT A-O,~i,11,~,~;~ORM ('ficfnmer~ BOl Tnr Atten#ion To: Address• NAME hone: l1RAl: AGENCY City of ScHertz, Texas `Quote Date: 12L$ 0 4 Isfon: 1. Vatiti I+5 otn• J:~J$L2~ Vatid To: Tod~v plus 30 days orclet' Nutt~ber: e tee Date: U '° Ini ial Term: 12 Months Urder SummArv Line De i ' **Anuual Reeurrin2 Cost Non- Recurring st L L, h e .. i, ~• s ~ 1 2 vi . __ . '1' i .n _ _ _ 500:00 ; 1 s*Ine! w* e tv t. T• 00. . , 3,1„ o` c e v I-Iire Inte _ _ ~ 540.00. .. Evaluation Year st .0 ce Evaluation Year 2 Cost a d Dual Lic se **SS,$54,00 Year 2 SuG Tot'1: 14 50:00- Y r 2+ To 1 2 Q.0.0 tMore detailed' escr ions of tai rvice~ are aontairted in thgorder detail fm each Setwiee which are incotYwt~ated mein de a part l>ereaf by this reference NEOCOV, inc.. Proprietary-and Confidential Page 5 of 1t) Order Form. ~~~~{_~~/,k Urder'Detal 1.0 Insight Enferprise Edition 1.1 Licenss Subscription The Customer's subscription;totbe insight Miring Management:Software includes the following functionality: Recruitment Customized online job application Accept job applications oMlne <• Online appica#ions integration will, current agency websi#e Online job armouncemen#s and descriptions • Automatic online job interes# cards • Proactively search your applicant database • Reai-fime database: of all applicant inforrr-ation •- Recruitment'and examination planning :Selection Create, store, and'reuse supplemental. questions in the Insight item bank- Screen applicants automa#ically as they apply o Define unique scoring plans per recruitment, or copy existing scoring plans • Test Item bank (optional in TEAS)` •: Conduct item analysis ` a Test processing {automatically input Scantron'test data sheets)* • Test analysis and pass point setting • Score, rank,. and refer applicants Applicant Tracking •: Email: and hardeopy not~aations o EEO `Data 'collection and reports e Track applicants by stepihurdle • Schedule written, oral, and other exams Detailed applicant history record • Skills. tracking and matching Reporting and Analysis Caliec# and report on EEO data Analyze and`repart on adverse impact and applicant flow • Track. and analyze data such as time-#o-hire, recruitment cas#s, staff :workload;: applicant quality, etc. • Over 80 standard system reports' • Ad Hoc reporting tool HR Automation • Crea#e and route job requisitions • Refer and`certify applicants electronicaiiy • Scan-paper application materials "Cost of the scanner is no# included unless fisted on` Exhilait A -ORDER FORM * Requires a Scantron orsimilar (3pftcal Mark Reader (OMRj scanner, special forms,. -form set-up, and scanner software, which are not included unless lisfed on Fachibit A Qj~DER FORIN NEOGOV, Inc:. Proprietary and Confidentiat Fage 6 of 10 Order Form ~ ~Q~.wr~~ Add.tionagy, during the term of the subscription,-:the Customer will be provided:. Unlimited Customer:Suppvrt (6:04 AM - 6:00 PM PT) Customer Support steal! be provided to the. Customer bofh on-line and by telephone :Monday- Friday, ta00 AM-6:00'PN! PT (excluding NEOGOV holidays}. Product Upgradesto Licensed Software Customer shall receive alt product upgrades to purchased package. Product upgrades are automatic and available upon the next login following a product upgrade rollout. Product :upgrade roilouts are; generally released: every three months. 1,2 Provisioning "The following activities are conducted as part of he Insight Enterprise implementation: • Conduct a :project kids off meeting to review the project timeline, deliverables, and establish project :expectations °• NEOGOW will establish a'Customer-specific training;environment that w0t be used: during training and post-training to allow the Customer to learn the system and begin defining new roles, responsibilities, and activities within the HR staff • NEOGOVwiii conduct°eight hours of on line instructor led training: NEOGOV will provide all required user exercises and user guides to the Customer: • Once the :care user community is comfortable with the system (typically within 10 hours of hands~n use) they wits train the remaining HR -.staff to complete their tasks using insight. • Between the training and go-live, NEOGOV`will complete the fallowing activities: o Creating aCustomer-specitie training environment whim is used by Customer during training.. and `a€ten+varcts to gain in prior to moving. into production o Contagure printable job bulls#in o Integrate your new production job opportunities, prornotionai oppartunit'~es, artd class specifications web pages into your existing Customer website o: Establish the Customer's insight Enterprise production'environment 1.3 Training NEOGOV wiN deliver training to Customer recruiters.. We wilt. provide ail required user exercises and user guides to the Customer. Following the training, Customer will have'fuii access to the training environment. Additionally, Customer has full access to our Customer Suppork Heip Desk during the training to help- new users fully utilize Insight. Our existing customers find that this unique impiementatian approach enables their users to become familiar wi#h insight in a safe environment, promoting system use and leading to a more successful roftout. NEOGOV, inc. Proprietaryand Confidential Page 7 of 10 -Order Form ~~~~~~-~~~ Order Detafil `2.0 `NEOGOV Performance Evaluation (PE) 2.1 License Subscription Subscription to NEOGOV's Performance Evaluation Software{PEj Wniimited Customer Support (6:00 AM - 6:Q0 PM PT) Customer Support shall be provided to the Customer both on-line and by fielephone Monday -Friday, 6:OU AM -:6:00 PM PT (excluding NEOGOV holidays}. Product Upgrades to Licensed Software Customer shall receive aifi product upgrades to purchased package. Product:. upgrades are automatic and available upon the next login following a product upgrade rafilout, Product. upgrade roltouts are generally released every three months. 22 Provisioning The followingactivities are conducted as part of the Performance Evaluation implementation. Conduct a project kick off meeting to review the project tirrreline,'deliverabfies, and' establish project expectations NEOGOV v+rilfi establish a .Customer-specific training environment that wiit`.be used. during training and post-trainingta .allow the Customer to learn the system. 23 'i'ralrting iViOG01/ wail conduct on line instructor led training. NE~GOV will provide ai# required user exercises and user guides to the Customer. Fofitowing the training, Customer wfiEi have'fuli access to the training environment.. Additionally, Customer has full access to our Customer Support He1p;Desk during the training o help new usersfiuliy utilize insight. Our existing customers find: that this unique fimpiementation approach. enablestheir users to become familiar with Insight in a safe environment, promoting system use and leadirtg'fo a more successful roitout. NEOGOV, Inc. Proprietary and Confidential Page 8 of 1U; Order Form ~ ~~~~~~-~~~~ Order Form Terms and Conditions: (9) The Customer hereby orders and'GovernmentJobs.com, Inc, (d/b/a NEOGQV, Inc., hereafter "NEOG4V") agrees to provide the services described in this Order fiorm. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF TH(S ORDER FORM AND THE SERV{CE AGREEMENT BETiNEEN NEOGOV ANi7 THE CUSTOMER. (2) The Customer agrees that the payment schedule is as follows: Provide ail required software and Licenses for Haight Enterprise One hundred percent (100%) of the annuaE insight License price is payable within thirty (30) days of execution of this Order Form and Service Agreemen#. ($5,850.00) Provide all required software and Licenses for Performancs Evaluation Module One hundred, percent (100%) of the. annual Performance Evaluation price is payabi® within thirty {3t}) days: of execution of this Orderform and Serrice Agreement.. Year 1'!s free. Every year after year 1 (Year 2) price wiN be ($5,850.00} Provide ati required Incode lNaintenance Cost Qne hundred percent (100Q/o) of the annual lnsigtzt License price is payable within thirfy (30} days of executon of this Order t=orrn`and Service Agreement. ($500.00) Provide all required ncode Integration tine Time Suiid Fee One hundred`percent (100°~):of the annual insightlicense price: is payable within thirty (34) days of execution of this Order Forrn and Service Agreement. ($3,000.00) Software Provisioning forfirst haif;of InsightEnterprise e Fifty percent (60%) of the Wort-recurring costs are to be paid to NEOGOV within tf~irty (30) days of the execution of this Order: Form and Service Agreement. ($9,250.00) Compfetian of Training. • One hundred percent (10Q%) of fhe training price ispayabie within thirty (30) days of completion- of training, ($2,500.00) Software Provisioning for second :half oflnsight Enterprise (Completion of post evaluation) Fifty percent (50°le) of the non-recurring. costs are to be paid to NEOGOV within thirty (30}..days fallowing the this#y day post-training per;od. ($9,254.00) (3) Neither the Customer nor NEOGOV witl be bound by this Order Form until it has been>signed by authorized representatives of both; parties... NEOGOV, ins. Proprietary and Confidential Page 9 of 10 Order Form ~ ~~~ °°~~~v ~~ (4) Ghanges or alterationsto this Order Form will not. be accepted. THERE ARE: SIGNIFICANT ADDITIONAL TERMS. AND CONDITIONS,: WARRANTY DISCLAIMERS AND LIABiLlTY LIMITATIONS` GONTAINEO IN THE SERVICE AGREEMENT BETWEEN fHE CUSTOMER-AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS- ENTIRETY, Yt3UR SIGNATURE sEkOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PRCOVISIONS: Customer OGOV tnc. ~f~ Signature: Signature:. :.---~'~` -~ Print Nam ' n E. a or ~ Print Name: ,,.~~ ~• Title: Cit Manager Title: ~ { Date: _ Date: ~~f ~~~~' NEt)GOV, Inc: Proprietary and Confidential Page 10 of aU 2010-Dec-10 09:35 AM NEOGOV 3104266305 ~eiwiee AsYreeraenf TI-IyS ON-LINE SERVICES AG12EIulV1)/NT (this "Agreement") is made and entered into this 7th day ofDecember, 2010, by and between GovernmentJobs.com, Ync., a California corporation (d/b1a "NEOGOV"), and fho City of Sc)tct•tz, Texas a public entity acting by and through its duty appointed representative ("Customer"). 1. provision of On-line Services: (a) Customer heroby engages NEOGOV, and NEOGOV hereby agrees (subject to the teens and conditions set fot4lt herein), to provide the services (the "Services")morn fully desciribed in this Agreement and in 13xhibit A (Order Form). Customer Hereby acknowledges and agrees that NEOGOV's provision And performance ofthe Services is dependent and conditioned upon Customer's fitll perfor»sutce of its duties, obligations and responsibilities hereunder. 2. Aclditiolisil -~iJC_O_GOV ]Etesnonsibilities. In connection with the performance oflhisAgrecmcnt, NEOGOV shall be responsible for the following: (a) NEOGOV shalt provide alt required hosting and operations support for the applications provided tluougti this Agreerrlent. (b) NEOGOV shall follow those support, mainicnancc and other procedures and shall provide those support, maintenance and other services to Customer more fitlly described in tl-is Agreement. 3. Ctiston-erResponsibilhies. In connection~viththeperformaitceofthisAgreementandtheprovisiomoftlteServices, Customer shall be responsible for the following: (a) NEOGOV`s logos, including the "po~ycred by" logo, may appear on, the "employment opportunities", "job description" acid other pages of Customer's web site. (b) Customer sltatl be responsible for enstuimg that Customer's use ofthe Services and the perfor-nancc oPCustotner's outer obliga[ions her©under comply tvitli all.la~vs applicable to Customer. (c) Customer sltatl be responsible, as between NEOGOV attd Customer, for the accuracy and cotnpletemess of all records and databases provided by Customer in connection with t}»s Agreement for use on NEOGOV's system. 4. OwirersHip. Protection and Secm•ity. (a) Tlto pa~tics agree that the: NEOGOV marks and the Customer marks shall both be displayed on and through NEOGOV's system(s). (b) Ownership of any graphics, text, data or other information or content materiels and all records and databases supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in this Agreement shall remain with Customer, andNEOGOV shall cease use of all such mtateriai upon torininatiai ofthis Agreement. (c) Customer aclnowledges and agrees that nothing in this Agreement of any outer agreeinetit grants Customer any licenses or other rights with respect to NEOGOV's sofltvare system (sourca code or object code) other titan the rigltt to receive Services as expresslyprovidedhere1n. NEOGOV shall retain all ownership i~t the intellechial property attd atl other proprietary rights and interests associated with NEOGOV's soR~vare systegt and Services and all components tltercoF and associated documentation, except as expressly provided Herein. i/10 (d) NEOGOV grants to Customer a limited license during the tcr<n ofthis Agreement to use and reptoduceNl;OGOV's trademarks and logos for purposes of includ'utg such trademarks and logos in advertising and publicitymatetials and links NEOGOV, Inc. Proprietary and Confldentiai Page 1 of 8 2010-Dec-10 09;36 AM NEOGOV 3104266305 solely as permitted hereunder. All uses of such trademarks and logos shalt conform to Customer's standard guidelines and requircrttents for use of such traslema~•ks and logos. 5. N1;OGQV R~resCntati0ltS Attd Wa19'AntIC3. (a) Se-vlce Pe-fornrance JYm•rmrty NEOGOV warrants that itwitl perform the Sctvicos in a manner consistent with industry shandards reasottalily applicable to file perfortnanec thereof, (b) No Other l~a~-•a~rlp. EXCEPT FOR THS 1;3GPRESS WARRANTIES SET FORTH 1N THIS SECTIONS, THE SERVICES ARB PROYIDI?D ON AN "AS IS" BASIS, AND CUSTOMER'S USE OIr THB SEIiVICES IS AT 11'S OWN RISK. NBOGOV DOLES NOT MAISE, AND HEREBY AISCLAiMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, 1NCLUb1NQ, BUT NOT LIMITED TO, WARRANTIES OI' MERCHANTABILITY, FITN>rSS FOR A PARTICULAR PURPOSE, NON1N>:RINGEMENTRND TITLE, AND ANY WARRANTIES Al21SING PROM A COURSE OF DT~ALTNG, USAGE, OR TtZADE 1'ItACTICIi. NEOGOV DOES NOT WARRANTTIdA4T THE SERVICES WILLBL~ UNINTERRUPTED, ERROR-F.RE1r, ORCOMPLETELY SL'CU1tE. (e) bisclainrer of Acllons CarrsQd G,tr mrrUor• Ur7deP t!-e Cont-'ol of 'I'hli•d 1'm'ltes NEOGOV DOES NOT AND CANNOT CONTROL THL~ rLOW OF DATA TO OR FROM THE NI;OGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET, SUCH FLOW DEPENDS IN LARGE PART ON THE PECZFORMANCE OF 1NT,ERN)~T SERVICES pItOV1DEb O.R CONTROLLED BY TI31RD PARTIES. AT TIMI~S, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THER);Olr). ALTI•IOUGH N130GOV 'WILL USE COMMERCIALLY REASONABLE EFrORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUA'tiANTBB THAT SUC~I EVENTS WILLNOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND AL.L >/IABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. G. bticit • Following execution of this Agreement, the parties Itet•eto may issue a press release, file form and substance of which shall be mutually agreeable to~tlte patties, announcing the relationship created by this Agreement. Except as expressly contemplated herein, noithet• parry shail'issuo any addltiona] press release which mentions the other party ot• the transactions contemplated by this Agreetnenttivithout the prior consent of the othorparry, ~vhlch consent stall not be unreasonably withheld. 7. Nondisclosure. TI-rough cs:6-•cise of each party's rights undcrthis Agreement, each party may be exposed to the other party's technical, financial, business, marketing, platniing, and other information and data, iu written, oral, olecubnlc, -nagnetic, photographic and/or other forms, including btittiot limited to (i) oral attd written communications of one party with the officers and staff of the outer patty which areutarked or idenli3 iecl as confidential or secret or sunilArty marked or identified and (ii) other comrnunicatiotts ~yhich a t•easonable person would recognise ftotm the sarrotutding facts and circutnstattces to beconfidential or secret ("Confidential Information") and trade secrets. Itt recognition oftlte 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 Confideattiai Information of the other party as strictly confidential and ~vltoliy owned by such otltcr party and that itwilt not, ~vithoutthe oxpress prior~vritten consentof Cite other patty ot• except as required bylaw including the Public Ittfoi~r-ation Act of the State of Texas, tedish•ibate, market, publish; disclose or divulge to any other person, fn-m or entity, or use or modify for use, directly or indirectly in Rny tivay for any person or entity: (i) a»y ofthe other party's Confidential Infomtation during the tern ofthis Agreement and for a peripd of thr8e (3) years after the termination of this Agreement or, if later, from tho last date Sorvices (includhi$ any warranty work) are performed by fire diselosiitg party hereunder; and (its a»y of the other party's trade secrets at any time during which such information shall cottstituie a trade secret under applicable la~v. $. Liability LimitatinnF. 2/10 (a) if promptly notified nt writing of any action brought against Custoniet (ofwluch Customer Itas actual notice) based NEOGOV, Inc. Proprietary and Confidential Page 2 of 8 2010-Dec-10 09:37 AM NEOGOV 3104266305 on a claittt that NgOGOV's Services infringe a United States patent, copyright or trademarkright of a third patty (except to the extent such claitri ot• infringement relates to any third party software incorporated into NEOGOV's applications), NEOOOV will defend such action at its expense attd will pay any and all fees, costs or damages that maybe finally awarded iu such action or any settlement resulting fi~om such action (provided that Custornor shall pennitNEOGOV to conE<vl the defense of such actiat and shall nor 3rtakc any compromise, admission ofliabiliry or settie-nent or take any other action impairing the defense of such claim without NEOGOV's prior wrilteu approval). (b) Customer aclntowledges and agrees: (i) thatNEOGOV has no proprietary, fittarcial, or other utterest in the goads or sorvicos that may be described in or offered fltrough Cttstotner's web situ ©xcept for information provided byNIIOGOV for inclusion on Customer's websito pursuant to'this Agreement; and (ii) that exceptwith respect to anymaterial supplied ~y NEOGOV, Customer is solely responsible (as between NEOGOV and Customer) for the content, quality, performance, and all other aspects ofthe goods or services aitd the ntformation ot• other content contained itt or provided through Customer's web site. (c) OTH1rR TFIAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGR1vEMENT, N.I;OGOY ROES NOT MADE ANY WARRANTIES T'O CUSTOMER OIi ANY OTHER PERSON OR TNTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIIVIITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNCSS )•OR A PA1tTICUY,AR PURPOSE) W1TI~ ItESP1;CT TO TH>/ SERVICES PROVIDED HEREUNDEk~. NEOGOV SHALL NOT BE LIABLE TO CUSTOM1R OR TO ANY OTH]/It PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, I<OR CONSEQUENTIAL OR INDIRECT AAMAG1r5, INCLUDING, WITHOUT LIMITATION, LOSS OP PROFIT, LOSS OIL' USB OR BUSINESS STOPPAG)/. (d) UndernocircumstancosshallNBOGOV'stotalliabilitytoCustorieroranyotherpetson,tegardlessoftltenaturcof ttte claim or form of action (whether arising in contract, tort, strict liability or oihet~vise); exceed the 3x (Three tunes) the aggt'egate amount of fees attd revenue received byNEOGOV hereuttderfor theluior iiyclve (12) month period; provided, however that the foregoing limitations setforth in this Section 8(d) shallnot Applyto actions brought tinder 8(a) above or to any injury to persons or damages to pt'oporty arising out o£NEOGOV's gross negligence or willful, gross misconduct. 9, Term~rl~exmittatiun. (a) This Agreement shall cotmttettee as of the date Itereofard retrain in effect for [waive (12) montbs unless tenninated by tither party as set forth herein ("Initial Term"). (b) This Agreement may be rcnetved for additional terms ("Renewal Tet'm") equal in duration to the Initial Term provided Customer notifies NEOGOV in writhtg of Customer's exercise of such renewal at least thirty (30) days prior to lire end of the Initial Tcsrm or a Rcnc~val Tenn. (c) NEOGOV and Customer each reserve the right to terminate this Agreement ittmtcdiately if the sorvicos provided hereunder become illegal or contrary to any applicable law, male, regulation or public policy. Each party shall have the right to tertninatc this Agrcetncnt upon sixty (fi0) days prior written notice to the other party. (d) Within sixty (GO) days o£tlotification of termination of this t~greemeitt, NEOGOV shall provide Customer with a dedicated data fiics sitilablc for importation into conttnercially available database sofhvare (e.g., MS-Access or MS-SQL) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system, T1ie structure of the relational database ~vi11 be specific to the Custorncr's data and will not be representative ofthc proprietaryNEOGOV database. 10. Payments, (a)litilicrT Ternt. See E h~ihtt_A (OrderFonn). 3/10 N1=0G4V, Inc. Proprietary~and Confidential Page 3 of S 2010-Dec-10 09:37 AM NEOGOV 3104266305 (b) Reir¢u~a! Term(s). Foi• each Renewal Term, NEOGOV wil(cotitinue to provide Customer with the Services, and will provide maintenance and supportt services as described itcrcirt, provided Custorrier issues a pu~cltase order or modifieadon to this Agreement and paysNBOGOV in advance the annual recurring charges then in effect. 7f thorn is an increase itr armua[ ntaiutettanee and support charges, NJ;OGOV shall give Customer written notice of such increase at least thirty (30) days prior to fire expiration of the applicable teen. I l: 1?oree MAjetrre. NEOGOV sTtall trot be liable for any damages, costs, expenses or outer consequences incutaed by Customer ot•by airy outer person or entity as aresult ofdelay in or inabiIiiy to deliver any Services due to circttnrstattces or events boyond NEOGOV's reasonable cattrol, including, without lir-iitation: (i) acts of God; (u) changes in or is ttte interpretation of any la~v, trtle, regulation or ordinance; (iii) strikes, lockouts or outer labor problems; (iv) iraitspottatiou delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act o» fire parr of a governnterital authority: 12. ~ig~ybAC1C CIatISC. ]t ]s understood and agreed by Customer and'NEOGOV that any governmental entity rttay purchase fire Services specified herein in accordance with the prices, ter-tns, and conditions of this Agreement, 1t is also understood and agreed that tech local entity will establish its ow-t contract with NEOGOV, be invoiced thciefrom and stake its oivn payments to NCOGOV in accordance ~vitlt the terms of the contract cstablishecl bct~veen the rtew goveritr»cntat entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a Legally bound party to any contractual Agreeutent made between NgOGOV a-td any entity other than Customer. ' 13. Miscellaneous. >Jitlter patsy may not assign its rights or obligatiotrs under rifts Agreement lvitltout the priorwritten consent ofthe other pflrty. TJtis Agreement may not be tnodifed or amended (and no rights hereunder Wray be waived) except through a ~vriEten insfiuuient sighed by the parry to be bound. This AgieerrrenE constitutes the attire agreement beriveeu fire parties with respect to the subject ttiattet• Hereof and steal! be governed by attd construed in accordaucewith the laws ofthe State of Texas, without giving offect to conflict oflawrules. Customer acknowledges and agrees thattltis Agreement is not intended to be and slraIl not be construed to be a franclnse or business opportunity. IN WYTNIJSS W~REOF, rite parties have caused this Agreement to be executed bytlteirrespective dalyautltorized officers as of fire date set forth abov©. Customer City of Scltertz, TX Signature: Print Name: Dort ]"s. Taylor Title: City Manager GovernmeutJobs.cout, Inc., a California c ration Signature: / -~ Print Natite: ` Title: Date: 4/10 N~OGOV, Inc. Proprietary and Confidential Page 4 of 8 2010-Dec-10 09:38 AM NEOGOV 3104266305 5/10 Order dorm ~ ~~®~~~'n~ EXHIBIT A -- 4IiDE12 FORM Cnstnmer: i;ill Tn: Altentinn T_o: Addtnss: NAME Phone: L~mai1: AGENCY City of Schertz, Texas Ouote Date; 12/8/2010 Revision: ~, • Valfci From: 12/8/010 'Valid To: ~,riduy lZlus 3.0_dnvs Orcler Number: Tic uesteci Service Date: ~tJnou~isnature InitiAi Term: 12 Months Order Summary .. ' - . ~ ~ ~ . Lihe .. ; ~ • ' ~ ~ ~ ~ Dcscri rtiont• ~ •• *'*Atini~al. lrtcctiriiut ~ Cost Non-. Recni•i~in~ ~ •`~Cost ].0 insi itt En ris Edi i 1.1 Su ri ~~ 6 $60.00 1. Provisiottiti 2 500.00 1.3 Trainin 2 500 00 2.0 Govern ~e Gpm Ann~,ta,~ T,icense ~~Included~~ 3.0 Incode Ne~v ~ u n in aeration One Tune uild Fee 3 000.00 3.1 Incoda Na~v Hire Irate tion.Annual M inten nc F SSQ0.00 ~.0 Perfor[nanca Evaluation Year 1 Cost • 0 Performattce Evaluation Year 2 Cost and Annual Licanse ~~SS.850.00 _ Yeax• 1 Sub Totat• SIQ 350.00 . "' • ~ ~ ~ ~ Y'csu- 2+ Totttl X12 20.00 • ' ' More detailed dgs ri lion f the Services are contained in the oxde~detail~or each Service which atn incorporated ltorein and made a pact hereof by this reference. IVEOGOV, Inc. Proprietary and Confidential Page 5 of 10 2010-Dec-10 09:38 AM NEOGOV 3104266305 Order Form ~~~~C~~/,M ~~-der Detail 1.0 Insight enterprise !=d(tlon 4.1 License Subscription The Customer's subscription'totha Insight Miring Management Software includes the following functionality: Recruitment Customized online job application Accept job applications online o Online applications integration with current agency website o Online job announcements and descriptions o Automatic online job interest cards o Proactively search your applicant database Real-time database of all applicant information Recruitment and examination planning Selection o Create, store, and reuse supplemental questions in the Insight item bank e Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in TMS) o Conduct Item analysis o Test processing (automatically input Scantron test data sheets)* o Test analysis and pass-point setting Score, rank, and r®fer applicants Applicant Tracking o Email and hardcopy notifications o EEO Data collection and reports o Track applicants by step/hurdle o Schedule written, oral, and other exams o Detailed applicant history record Skills track(ng and matching Reporting and Analysis Collect and report on EEO data o Analyze and report on adverse impact and applicant flow o Track and analyze data such as time-to-hire, recruitment costs, staff workload, applicant quality, etc. o Over 80 standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions o Refer and certify applicants electronically o Scan paper application materials * Cost of the scanner is not included unless listed on Exhlblt 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 hibi A --ORDER FORM 6/10 i NpOGOV, Inc. proprietary and Confidential Page 6 of 10 2010-Dec-10 09:38 AM NEOGOV 3104266305 7/10 order dorm ~~-~~a~,~, Additionally, during the term of the subscription, the Customer will be provided: Unlimited Customer Support (6:00 AM -- 6:00 PM PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday --1=ridgy, 6:00 AM - 6:00 pM F'T (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 e Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations NEOGOV will establish aCustomer-specific training environment that will be used during training and post tratning to allow the Customer to learnt the system and begin defining new roles, responsibilities, and activities within the HR staff o NEOGOV will conduct eight hours of on line Instructor led training. NEOGOV will provide all required user exercises and user guides to the Customer. o Once the core user community is comfortable with ttie system (typically within 10 hours of hands-on use) they will train the remaining HR staff to complete their tasks,using lnsigl7t. o Between the training and go-live, NEOGOV will complete the following activities: o Creating a Customer specific training environment which is used by Customer 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 Customer website o Establish the Gustomer's Insight Enterprise production erivirotiment 1.3 Training. NEOGOV will deliver training to Customer recruiters: We will provide all required user exercises and usEr guides to the Customer. Following the training, Customer will havE full access to the training environment. Additionally, Customer has full access to our Customer Support Help Desk during the training to help new users fully 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 ConfidonElal Page 7 of 10 2010-Dec-10 09;39 AM NEOGOV 3104266305 Order Form ~E~~~~/~*, Order Detail 2.0 NEOGOV Performance evaluation (Pfj Z.~ License Subscription Subscription to NEOGOV's Performance Evaluation Software (PE) Unlimited Customer Support (6:00 AM - 6:00 PM PT) Customer Support shall be provided to the Customer bath on-line and by telephone Monday -Friday, 6;00 AM - 6:00 PM PT (excluding NEOGOV holidays). Product Upgrades to licensed Software Customer shalt 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. 2.~ Provisioning The following activities are conducted as part of the Performance Evaluation implementation. o Conduct a project kick off meeting~to review the projecttimeline,dcliverables, and establish project expectations a NEOGOV will establish aCustomer-specific training environment that will be used during training and post-training to allow the Customer to learn the system. 2.3 Training NEOGOV will conduct on line instructor led training. NEOGOV will provide alt required user exercises and user guides to the Customer. Following the training, Customer will have full access to the training environment. Additionally; Customer has~full access to our CustomerSupport Help bests duringthe training to help new users fully utilize Insight. Our existing customers find thatthis unique implementation approach enables their users to become familiar with Insight In a safe environment, promoting system use and leading to a more successful roilout. 8/10 i N~OGOV, Inc. Proprietary and ConFldential Page 8 of 90 2010-Dec-10 09:39 AM NEOGOV 3104266305 9/10 Qrd®r Form ~ C®~~~~~ Order Form Terms and Conditions: (1) The Customer hereby orders and .GovernmentJobs.com, Inc. (d/b/a 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 TH[S ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOOOV AIVD THE CUSTOMER. (2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses for Insight Enterprise One hundred percent (100%) of the annual insight license price is payable within thirty (30) days of execution ~of this.Order Form and Service Agreement. ($5,850.00) Provide all raqulred software and Licenses for Performance Evaluation Module One hundred percent (100%) of the annual Pertormanee Evaluation price is payable within thirty (30) days of execution of this Order Form and Service Agreement. Year 7 is free. Every year after year 1 (Year 2) price will be ($5,850.00) Provide all required lncode Maintenance Cost One hundred percent (100°10) of the annual Insight license price Is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($500.00) provide all r®quired lncode Integration One Tim® Build Fee One hundred percent (100%) of the annual Insight license price is payable within thirty (30) days of execution of this Order Form and Service Agfe®ment. ($3,000.00) 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. ($1,250.00) Completion of'fraining ° One hundred percent (100%) of the training price is payable within thirty (30) days of completion of training. ($2;500.00) Software Provisioning for second half of Insight Enterprise (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. ($1,250.00) (3) Neither the CustorriEr nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. NEOGOV; fnc. Proprietary and Confidential ~ Page 9 of 10 2010-Dec-10 09:40 AM NEOGOV 3104266305 Order Fprm ~~~~~~ ~~ (4) Changes or alterations to this Order Form will not be acc®pted, THERE ARE SIGNIFICANT ADDITIONAL TERMS AND C.ONDITION$, WARRANTY pISCLAIMERS 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 Sf;RVICE AGREEMENT AND AGREE TO BE BOUND gY ITS PROVISIONS. Customer 'OCOV Inc. Signature: Signature: ~-"" Print Nam n E, a for • ~ Print Name: Title: Cif Mana er Title: Date: Date: NEOGOV, Inc, proprietary and Confidential Page'!0 of 10 10/10 I I 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154-1634 (210) 619-1152 Donna Dykes FAX (210) 619-1159 Human Resources Director ddvkesna,schertz.com Date: November 10, 2010 Subject: NEOGOV Applicant Tracking System From: Donna Dykes, Human Resources Director To: John Bierschwale, Assistant City Manager David Harris, Assistant City Manager Don Taylor, City Manager Bob Cantu, Assistant to City Manager Juan Santoya, Finance Director The Human Resources Department did request for this Budget year funding for applicant tracking, however it was postponed due to lack of funding. The City has several personnel positions that were not immediately filled in the new fiscal year. Recommend the cost savings from the initial vacancies be used to fund the NEOGOV applicant tracking system costs. The NEOGOV Applicant tracking system is currently being used by Dallas, Houston and Round Rock. They only work with government entities and are established. The benefits of this system is that it will streamline and improve our recruiting process, by providing electronic acceptance of online applications, applicant tracking, EEO data collection, preliminary screening of applicants and passive recruiting. This process would eliminate our manual tracking of applications, manually scanning and manual initial screening of applications. In addition, the package we are currently being offered would provide online performance evaluation system at no additional cost. Mr. Zach Baird, the Center Region Account Manager for NEOGOV has said that he can assure this discount price that was provided us back in June 2010 will still be valid if we make a decision within the next month or two. The cost for this system is as follows: These are nreliminarv subscription and imblementation price estimates. First Year Annual Thereafter A licant License subscri tion $5,850 $5,850 NEOGOV Provisionin $2,500 Trainin $2,500 Performance Evaluation License subscri tion 0 $5,850 Incode Interface Build $3,000 Annual Maint for the Build $500 $500 NEOGOV total cost $14,350 $12,200 Scher Z T:~ -:i1. ~;S- Corridor to the Future Included with License Unlimited Customer Support M - F, 6:00 AM - 6:00 PM PT Included Product Upgrades to Licensed Software Included Recommend funding the applicant tracking system first year as following: Fund ' Dew Account # Account"Name - d Amount ' -- - 101 853 511110 Re ular $2,016.09 101 259 511110 Re ular $7,674.74 202 575 511110 Re ular $2,556.89 101 853 511310 FICA $180.70 101 259 511310 FICA $687.89 202 575 511310 FICA $229.18 101 853 511350 TMRS $165.35 101 259 511350 TMRS $629.45 202 575 511350 TMRS $209.70 $14,350.00 These funds to be transferred to the IT Account for Computer Fees and Licenses: 101-853-532400. These costs are paid up front each year and if we wish to continue the services, we continue paying the annual costs. The contract does not require a locked in commitment from one year to the next. The City is free to leave the services at any time. Also, if we leave the services, the data belongs to the City. See proposed contract attached. /~~~ ~e ~ /J Disapproved er na Dykes, Human Resources Director From: City Manager I concur with the transfer of funds for the NEOGOV Applicant tracking system as described above. City Manager Scher Z Corridor to the Future