Agenda 04/08/2014 Item #16E14/8/2014 16.E.1.
EXECUTIVE SUMMARY
Recommendation to standardize the use of NEOGOV software products for the
County's Human Resources processes, approve Addendum 1 to Service
Agreement 10 -5451, and authorize the County Manager or designee to execute a
County Attorney approved contract for use of the Performance Evaluation
module.
OBJECTIVE: To standardize the use of a public sector supported and proven
employee recruitment, applicant tracking and performance evaluation software tool.
CONSIDERATIONS: NEOGOV has been the proven public sector software company
providing a hosted, web -based applicant tracking system to over eight (800) hundred
customers across the United States, including more than 75 cities and counties in the
State of Florida. On June 6, 2006, the BCC approved contract #10 -5451 with
Govern mentJobs.com, Inc, dba NEOGOV for a hosted solution that provides a
comprehensive recruitment/applicant tracking product for storing and managing
applicant data and allowing for an automated hiring and selection process for the
agency.
The County's Human Resource staff has been using the NEOGOV software solution for
recruitment, selection and applicant tracking for approximately seven (7) years at an
annual cost of the subscription of $12,100, with unlimited concurrent users (generally
operations staff) of the software. The County has tracked more than 74,250 applicants
and hired for more than 1,100 internal and external openings using this software
product. The position posting and candidate tracking interfaces are robust for the
Human Resource professional; the application software has "user- friendly" front -end
interface screens for applicants and hiring managers, and operating departments have
easy access to candidate information as well as summary reports, while still maintaining
the ability to generate detailed access to candidate applications. The cost of the
subscription software has been stable for the past five (5) years.
Recently, the Human Resources staff participated in a NEOGOV demonstration of the
Performance Evaluation (PE) module. The additional annual cost would be $24,000.00,
with a one time training cost of $2,500.00; this includes all system maintenance and
updates of features and functionality, unlimited customer support and no limit on the
number of agency users. The module provides additional functionality and efficiencies
for operating departments to include:
• Fully automated, with custom workflows
• Reduces or eliminates paper records
• Customizable by employee, position, department or division
• Aligns individual performance with strategic agency objectives
• Defines, tracks and monitors performance standards
• Provides measurable goals and Key Result Areas (KRAs)
• Assists in Succession Planning
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4/8/2014 16.E.1.
• Motivates and rewards high - performing employees
• Identifies and communicates organizational expectations
Use of this system will eliminate the mountains of paperwork and countless hours spent
tracking and recording performance evaluation data, streamlines processes, reduces
reliance upon paper records and the costs associated with records storage, and
provides greater access to performance metrics and reporting.
Staff has conducted research for similar systems and found that comparable products
with unlimited concurrent users cost approximately eight to ten times more.
Additionally, the cost of maintaining system functionality and continual operating staff
training would require additional full time equivalent resources in Human Resources.
Per the Board's Purchasing Ordinance, Section 8 and 9, staff believe it is in the best
interest of the County to maintain or implement licensed products through NEOGOV.
Staff requests that the Board approves the standardization of NEOGOV products for its
current and prospective human resource business processes. With approval of this
request, no further competition will be necessary to add additional modules to the
system, and staff will follow the Purchasing Ordinance in any procurement.
FISCAL IMPACT: The fiscal impact for adding the Performance Evaluation module is
$26,500.00 for the first year and $24,000 annually thereafter. Funding is available in
the agency General Fund (001) for FY2014, and will be included as part of the Human
Resources Department budget in FY2015 and beyond in support of the Board's
operating departments.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners standardizes the use
of NEOGOV software products for the County's Human Resources processes,
approves Addendum #1 to Contract #10 -5451, and authorizes the County Manager or
designee to execute a County Attorney approved contract for the use of the
Performance Evaluation module.
Prepared by: Amy Lyberg, Director, Human Resources
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Item Summarv: Recommendation to standardize the use ofNEOGOV software products for the
County's Human Resources processes, approve Addendum 1 to Service Agreement 10 -5451, and
authorize the County Manager or designee to execute a County Attorney approved contract for use of the
Performance Evaluation module.
Meeting Date: 4/8/2014
Prepared By
Name: lybergamy
Title: Director - Human Resources, Human Resources
Approved By
Name: sandraherrera
Title: Procurement Specialist, Purchasing & General Services
Date: 03/04/2014 08:49:06 AM
Name: ward k
Title: Manager - Procurement, Purchasing & General Services
Date: 03/05/2014 02:00:25 PM
Name: JoanneMarkiewicz
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 03/10/2014 12:37:30 PM
Name: emilypepin
Title: Assistant County Attorney, CAO Litigation
Date: 03/25/2014 02:44:03 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date 03/25/2014 03:11:44 PM:
Name: KlatzkowJeff
Title: County Attorney,
Date: 03/31/2014 09:21:49 AM
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Name: pochopin_p
Title: Administrative Assistant, Administrative Services Division
Date: 03/31/2014 10:08:38 AM
Name: sherrvkimble
Title: Management/Budget Analyst, Senior, Office of Manag
Date: 03/31/2014 02:27:33 PM
Name: ochs_1
Title: County Manager, County Managers Office
Date: 03/31/2014 02:45:03 PM
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ADDENDUM 1 to Service Agreement 10 -5451 dated June 6, 2006
N EOGOV'N
Order Form: (PE)form - Online Performance Evaluation Module
Bill To:
Order Summary:
4,. $ F4Twill /i
Attention To: Amy Lyberg, HR Director
i �..
Address: 3303 Tamiami Trail East, Naples,
11
Florida 34112
Collier County (FL)
Phone: 239 - 252 -8460
$24,000.00
Email: amylyberg @colliergov.net
Quote Date: 1/1712014
Requested Service Date: TBD Initial Term: 12 Months with annual
renewal option
Order Summary:
4,. $ F4Twill /i
4
i �..
11
-
1.0 NEOGOV PE form Performance Evaluation
1.1 Annual License Subscription
$24,000.00
1.2 Provisioning
$2,500.00
1.3 Training
Included
Total:
$24,000.00
$2,500.00
This agreement is effective upon execution and is extended for an initial term of 12 months.
Order Detail
1.0 NEOGOV Performance Evaluation (PE)
1.1 Annual License Subscription
($24,000.00) Payment due upon receipt of a proper invoice and in compliance with
Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ".
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 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
($2,500.00) due upon completion of implementation and acceptance by the County.
Page 1
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ADDENDUM 1 to Service Agreement 10 -5451 dated June 6, 2006
N EOG OW
The following activities are conducted as part of the Performance Evaluation implementation.
• Conduct a project kick off meeting to review the project timeline, deliverables, and establish
project expectations
• NEOGOV will establish an Customer - specific training environment that will be used during
training and post - training to allow the Customer to learn the system.
1.3 Training
(FREE)
NEOGOV will conduct on line instructor led training. NEOGOV will provide all required user
exercises and user guides to the Customer.
Additionally you have 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.
Order Form Terms and Conditions:
The Customer agrees that the payment schedule is as follows:
One hundred percent (100 %) of the annual License Subscription is payable upon receipt of a proper
invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act ".
One hundred percent (100 %) of the one -time Provisioning costs are payable upon receipt of a proper
invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act"
Customer
NEOGOV, Inc.
Signature:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
Approved as to form and legality
r6A
Assistant County Attorney
Page 2
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Service Agreement
THIS O -LINE SERVICES AGREEMENT (this "Agreement ") is made and entered into this ,�, day of
2006, by and between GovernmentJobs.com Inc., a California corporation (d/b /a
"NE Ql Ov"")),, and Collier County Board of County Commissioners, Florida, a public entity acting by and through its
duly appointed representative ( "Customer ").
1. Provision of On -line Services.
(a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the tenns and conditions set forth
herein), to provide the services (the "Services ") more fully described in this Agreement and in the system overview
attached hereto as Exhibit A (the "System Overview "). Customer hereby acknowledges and agrees that NEOGOV's
provision and performance of the Services is dependent and conditioned upon Customer's full performance of its duties,
obligations and responsibilities hereunder.
(b) Each patty shall at all times during the tern of this Agreement designate an individual to serve as its project
manager, who shall have authority to make decisions on behalf of such party with respect to this Agreement. Each party
shall fully cooperate with the other party in connection with the other party's performance of its obligations hereunder.
2. Additional NEOGOV Responsibilities. In connection with the performance of this Agreement, NEOGOV shall be
responsible for the following:
(a) NEOGOV shall provide all required hosting and operations support for the applications described in the System
Overview in a centralized facility.
(b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support,
maintenance and other services to Customer more fully described in this Agreement and the System Overview.
3. Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Services,
Customer shall be responsible for the following:
(a) Customer shall be responsible for providing, at no cost to NEOGOV, the necessary personnel and facilities to meet
Customer's obligations hereunder.
(b) Customer shall follow those procedures and provide those first -line support, maintenance and other services more
fully described in this Agreement and the System Overview and such other procedures and services as the parties may
establish from time to time.
(c) NEOGOV's logos, including the "powered by" logo, may appear on the "employ�nent opportunities ", "job
description" and other pages of Customer's web site.
(d) Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's
other obligations hereunder comply with all laws applicable to Customer.
(e) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all
records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system.
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4. Ownership. Protection and Security.
(a) The parties 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 materials and all records and databases
supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in the
System Overview shall remain with Customer, and NEOGOV shall cease use of all such material upon termination ofthis
Agreement.
(c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any
licenses or other rights with respect to NEOGOV's software system (source code or abject code) other than the right to
receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all
other proprietary rights and interests associated with NEOGOV's software system and Services and all components
thereof and associated documentation, except as expressly provided herein.
(d) NEOGOV grants to Customer a limited license during 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 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 Representations and Warranties.
(a) Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this
section as a result of NEOGOV's failure to provide services, NEOGOV will, upon Customer's request in accordance
with paragraph 5. (a) (vi) below, credit Customer's account as described below (the "Service Level Warranty'). The
Service Level Warranty shall not apply to any services other than system availability, and, shall not apply to performance
issues (i) caused by factors outside of NEOGOV's reasonable control; (ii) that resulted from any actions or inactions of
Customer or any third parties; or (iii) that resulted from Customer's equipment and /or third party equipment (not within
the sole control of NEOGOV).
(i) Service Warranty Definitions. For purposes of this Agreement, the following definitions shall apply only to the
Services (not including Professional Services).
(A) "System" shall include the Insight Software System "insight ", such other software and/or software
systems utilized by NEOGOV for installation, operation and/or maintenance of Insight, and any and all
hardware on which NEOGOV operates or hosts Insight for purposes of providing Service to Customer
whether such hosting is provided directly by NEOGOV or by contract with a commercial hosting
service.
(B) "Downtime" shall mean sustained System unavailability in excess of three (3) consecutive hours due to
the failure of NEOGOV to provide Service(s) for such period. Downtime shall not include any System
unavailability during NEOGOV's Scheduled Maintenance of the System, and Services, as described
herein.
(C) "Scheduled Maintenance" shall mean a period of tune where the System is unavailable to Customer,
and/or any third party, in order for NEOGOV to perform maintenance of the System. System
maintenance includes, but shall not be limited to (i) adding, modifying, or upgrading equipment
software and/or System source code, and; (ii) adding, modifying, or upgrading equipment.
(D) "Service Credit" shall mean an amount equal to the pro -rata annual recurring service charges (i.e., all
annual recurring charges) for one (1) day of Service.
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(ii) Downtime Periods. In the event Customer experiences Downtime, Customer shall be eligible to receive from
NEOGOV a Service Credit for each Downtime period. Examples: If Customer experiences one Downtime
period, it shall be eligible one Service Credit. If Customer experiences two Downtime periods, either from a
single event or multiple events, it shall be eligible to receive two Service Credits.
(iii) Time to Discover Source of Downtime; Notification of Customer. Within two (2) hours of discovering or
receiving notice of the Downtime, NEOGOV will determine whether the source of the Downtime is limited to
the System. IfNEOGOV determines that the System is not the source of the Downtime, NEOGOV will attempt
to determine the source of the Downtime within an additional two (2) hour period. In any event, NEOGOV will
notify Customer of the source of the Downtime within sixty (60) minutes of identifying the source.
(iv) Remedy of Downtime. If the source of the Downtime is within the sole control of NEOGOV, NEOGOV will
remedy the Downtime within four (4) hours of determining the source of the Downtime. If the source of the
Downtime resides outside of the NEOGOV System, NEOGOV will use coimnercially reasonable efforts to
notify the party(ies) responsible for the source of the Downtime and cooperate with it (them) to resolve such
problem as soon as possible.
(v) Failure to Determine Source and/or Remedy. In the event that NEOGOV (A) is unable to determine the source
of the Downtime within the time periods described herein and/or, (B) along with any hosting service on which
Celerity resides is the sole source of the Downtime and is unable to remedy such Downtime within the time
period described herein, NEOGOV will deliver a Service Credit to Customer for each two (2) hour period in
excess of the time periods for identification and resolution described above.
(vi) Customer Must Request Service Credit. In order to receive any of the Service Credits described herein,
Customer must notify NEOGOV within seven (7) days from the time Customer becomes eligible to receive a
Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
(vii)Remedies Shall Not Be Cumulative; Maximum Service Credit. The aggregate maximum number of Service
Credits to be issued by NEOGOV to Customer for any and all Downtime periods that occur in a single calendar
month shall not exceed seven (7) Service Credits. A Service Credit shall be issued in the NEOGOV invoice in
the year following the Downtime, unless the Service Credit is due in Customer's final year of service. In such
case, a refund for the dollar value of the Service Credit will be mailed to Customer. Customer shall also be
eligible to receive a pro -rata refund for (A) Downtime periods for which Customer does not receive a Service
Credit and (B) any Services NEOGOV does not deliver to Customer for which Customer has paid.
(viii) Termination Option for Chronic Problems. Customer may terminate this Agreement for cause and without
penalty by notifying NEOGOV within five (5) days following the end of a calendar month in the event either of
the following occurs: (A) Customer experiences more than fifteen (15) Downtime periods resulting from three
(3) or more nonconsecutive Downtime events during the calendar month; or (B) Customer experiences more
than forty-eight (48) consecutive hours ofDowmtime due to any single event. Such termination will be effective
thirty (30) days after receipt of such notice by NEOGOV.
(ix) THE SERVICE LEVEL WARRANTY SET FORTH HEREIN SHALL ONLY APPLY TO T14E SYSTEM
PROVIDED BY NEOGOV AND DOES NOT APPLY TO (A) ANY PROFESSIONAL SERVICES; (B) ANY
SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE
LEVEL WARRANTY (AS STATED IN THE SYSTEM OVERVIEW FOR SUCH SERVICES). THIS
SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY
NEOGOV TO PROVIDE SERVICE(S).
(b) Service Performance Warranty. NEOGOV warrants that it will perform the Services in a manner consistent with
industry standards reasonably applicable to the performance thereof.
(c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE
SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS
OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
AND /OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY
SECURE.
(d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties, NEOGOV DOES NOT AND
CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS
OF THE 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 WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS
ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
6. Publicity. 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 unreasonably withheld.
7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may 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 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
marked or identified and (ii) other communications which a reasonable person would recognize from the surrounding
facts and circumstances to be confidential or secret ( "Confidential In formation ") 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 written consent of
the other parry or except as required by law including the Public Records Act of the State of California and Florida,
redistribute, market, publish, disclose or divulge to any otherperson, firm or entity, or use or modify for use, directly or
indirectly in any way for any person or entity: (i) any of the other party's Confidential Information during 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 disclosing party hereunder; and (ii) any of the other party's
trade secrets at any dine 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 NEOGOV's Services
infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or
infringement relates to any third party software incorporated into NEOGOV's applications), NEOGOV will defend such
action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or any
settlement resulting from such action (provided that Customer shall permit 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 written approval).
(b) Customer acknowledges and agrees: (i) that NEOGOV has no proprietary, financial, or other interest in the goods or
services that may be described in or offered through Customer's web site; and (ii) that except with respect to any material
supplied by NEOGOV, Customer is solely responsible (as between 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 Customer's web site.
(c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THiS AGREEMENT, NEOGOV
DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON ORENTITY, EITHER
EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE
SERVICES PROVIDED HEREUNDER NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY
OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER,
FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFIT, LOSS OF USE OR BUSINESS STOPPAGE.
(d) Under no circumstances shall NEOGOV's total liability to Customer or any other person, regardless of the nature of
the claim or form of action (whether arising in contract, tort, strict liability or otherwise), exceed the aggregate amount of
fees and revenue received by NEOGOV hereunder for the prior twelve (12) month period; provided, however that the
foregoing limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury to
persons or damages to property arising out of NEOGOV's gross negligence or willful, gross misconduct.
9. Term and Termination.
(a) This Agreement shall commence as of the date hereof and remain in effect for twelve (I2) months unless terminated
by either party as set forth herein ( "Initial Term ").
(b) This Agreement may be renewed for additional terms ( "Renewal Term ") equal in duration to the Initial Term
provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the Initial Term or a Renewal Term.
(c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become
illegal or contrary to any applicable law, rule, regulation or public policy. Each party shall have the right to terminate this
Agreement upon sixty (60) days prior written notice to the other party.
(d) Within sixty (60) days of notification of termination of this Agreement, NEOGOV shall provide Customer with a
dedicated data files suitable for importation into commercially available database software (e.g., MS- Access or MS -SQL)
The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The structure of the
relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV
database.
10. Payments.
(a) Initial Term, See Exhibit B (Order Form).
(b) Renewal Term(s). For each Renewal Term, NEOGOV will continue to provide Customer with the Services, and will
provide maintenance and support services as described herein, provided Customer issues a purchase order or
modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect. If there is an
increase in annual maintenance and support charges, NEOGOV shall give Customer written notice of such increase at
least thirty (30) days prior to the expiration of the applicable term.
11. Force Maieure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by
Customer 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, without limitation: (i) acts of God; (ii) changes in or in the
interpretation of any Iaw, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation
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 on the part of a governmental authority.
12. Piggyback Clause. It is understood and agreed by Customer and NEOGOV that any local governmental entity may
purchase the services specified herein in accordance with the prices, terms, and conditions of this agreement. It is also
understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and
make its own payments to NEOGOV in accordance with the terms of the contract established between the local
governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally
bound party to any contractual agreement made between NEOGOV and any local entity other than Customer.
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3. Miscellaneous. Either party may not assign its rights or obligations under this Agreement without the prior written
consent of the other party. This Agreement may not be modified or amended (and no rights hereunder may be waived)
except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with
the laws of the State of California and Florida, without giving effect to conflict of law rules. Customer acknowledges and
agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized
officers as of the date set forth above.
Customer Board of County
Ay: Collier County,
Name:
Conanissioners
Flo
Stephen Y. Carnell
Title: Director ofP» ^h = ^� �^
— d-4GerSyes .
GovernmentJobs.com, Inc., a California c oration
By:
Name: Scott Letourneau
Title:
President
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Approve, 6� legal aufftoipr."�y
Aeafataut Attorney
4/8/2014 16.E.1.
EXHIBITS
Exhibit A: Software S 'stem Overview
NEOGOV's solution for your recruitment, selection, and applicant tracking initiative is Insight Enterprise. It is a proven,
easy -to -use web -based software solution that can be quickly implemented, provides for future workflow automation, and
saves in development, maintenance, and administrative expenses. Because Insight Enterprise is web - based, there is no
need for you to buy and maintain additional hardware, software, or bandwidth; upgrades are included and occur in real
time, ensuring that you always have the most up -to -date functionality.
Insight Enterprise is designed to address five major areas of Human Resource activities including recruitment, selection,
applicant tracking, reporting and analysis, and HR automation. Some of the high -level capabilities are listed below:
Recruitment
• Customized online job application
• Accept job applications online
• Online applications integration with current agency website
• Online job announcements and descriptions
• Attract "passive" applicants with autornatic 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
• Item bank and item analysis
• Test processing (automatically input Scantron test data sheets)
• 'nest analysis and pass -point setting
• Score, rank, and refer applicants
Applicant Tracking
• Email and hardeopy notifications
• EEO Data collection and reports
• Track applicants by stepmurdie
• Schedule written, oral, and other exams
• Detailed applicant history record
• Skills tracking and snatching
Reporting and Analysis
• Collect and report on EEO data
• Analyze and report on adverse impact and applicant now
• Track and analyze data such as time -to -hire, recruitment costs, staff' workload, applicant quality, etc.
• Over 50 standard system reports
• Ad Hoc reporting tool
HR Automation
• 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 B
* 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 B
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Overview - NEOGOV Insight Enterprise Edition
Specifically designed to meet unique needs of public sector agencies, NEOGOV Insight Enterprise Edition continues our
relentless mission of enabling organizations to maximize their operating capabilities by eliminating the burdens of
software ownership. Turning the conventional model of software ownership on its head, Enterprise Edition allowsyou to
easily simplify and standardize your most complex human resource operations through a single online solution that can be
rapidly deployed across multiple departments and divisions — without requiring you to purchase or install a single line of
code.
The Best of Both Worlds
With Enterprise Edition, you get the best of both worlds: the power to support large organizations, with the ease of use
and quick ROI of Insight Enterprise Edition. In addition to all of the benefits of NEOGOV Insight Standard Edition,
Enterprise Edition uniquely provides advanced functionality forautomating requisition, selection, and applicant tracking
processes.
Enterprise Edition also introduces a built -in Enterprise Infrastructure with advanced customization, integration, and
administration tools capable of supporting large -scale deployments. Among other capabilities, these tools allow you to:
• Customize for various workgroups, departments, and divisions
• Integrate with other key business applications using industry- standard interfaces
• Easily administer usage across hundreds of users inside and outside the organization
Plus, there's great news for Standard Edition customers who are ready to take advantage of Enterprise Edition's advanced
capabilities: The upgrade path is seamless and immediate.
Forget what you've heard about conventional software upgrades. With NEOGOV insight, your agency - specific
customizations don't mean you have to stop doing business for a re- implementation. When your growing human resources
needs require Enterprise Edition, we'll simply give you an instant upgrade, so you can focus on maintaining your
organization.
Enterprise Class Functionality
Because of increasing demands on human resource organizations, Insight Enterprise Edition additionally provides
functionality uniquely designed to address these needs:
• Reporting: insight Enterprise Edition provides a broad array of reporting capabilities, including pre -
configured (canned) requisition and applicant status reports, cost - per -hire and time- to -fill reports, and EEO
compliance reports. Easy to use Ad -Hoc reporting tools are also available that enable non - technical
individuals to create 100% customized reports through a step -by -step report generation wizard.
• Flexibility: Unlike most recruitment, selection, and applicant tracking solutions, insight Enterprise Edition
enables you to quickly and easily customize fields on forms, tailor auto - generated messages, update
workflow and approval processes, and modify the look and feel of the application through a step -by -step
system configuration wizard.
• HRIS Integration: insight Enterprise Edition can seamlessly integrate with HR1S systems such as
PeopleSoft, Oracle, SAP, ADP, Lawson, and others to deliver true end -to -end functionality, and the cost -
savings that result from the elimination of unnecessary data -entry.
recruitment - NEOGOV Insight Enterprise Edition
Insight Enterprise Edition recruitment capabilities enable you to immediately boost the efficiency and effectiveness of
your recruitments by increasing the visibility of your job announcements while reducing the effort it takes to create and
manage them.
Create announcements quickly. Attract applicant nationwide. Post announcements to your agency's website without
effort. Reduce your advertising costs by as much as 75 %, Increase the number of applications you receive by 33% while
reducing processing time by 90 %. This is what our customers achieve with Insight Enterprise Edition.
Among other benefit, Insight Enterprise Edition recruitment allows you to:
• Accept job applications online
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Agencies using NEOGOV Insight typically receive over 75% of their applications online. Every application
received via the Internet is automatically and securely stored in the applicant database and is immediately
accessible by your staff.
• Create and post job announcements quickly
The patent - pending job posting process has been proven to reduce staff -hours required to advertise a position to
less than i hour -- saving your agency thousands of dollars. NEOGOV Insight will help you advertise more
quickly and efficiently, which can drastically reduce your time -to -hire.
• Attract "passive" applicants with automatic job interest cards
In today's world, most applicants look for jobs on the web. What happens when a prospective applicant visits
your website and you aren't recruiting for a job in their field? Studies show they leave and never return- -hold
onto them with the automatic job interest card system. Applicants can enter their contact information for any
one of your agency's jobs and will be notified automatically when you open it for recruitment.
• Proactively search your applicant database
Proactively search your entire applicant database for a particular skill, education, etc., using Insight Enterprise
Edition's proprietary CandidateMatchTM tool.
• Post job descriptions to your website
Automatically "post" your job descriptions (class specifications) to your website. This gives applicants the
ability to easily find jobs they might be interested in even though you may not be recruiting for that position at
that time.
• Recruitment and examination planning
As the saying goes, "those who fail to plan, plan to fail." Armed with comprehensive recruitment planning
functionally, you have the tools you need to recruit more effectively.
Selection - NEOGOV Insight Enterprise Edition
Your agency's success is directly related to your ability to identify and hire the most qualified applicants. A critical piece
to this success is to provide your staff with proven tools to effectively and efficiently screen and identify the most
qualified applicants.
Insight Enterprise Edition facilitates applicant selection by providing your staff with the tools necessary to quickly and
accurately screen and identify the most qualified applicants.
Among other benefits, Insight Enterprise Edition Recruitment application allows you to:
• Easily create and manage supplemental questionnaires
Quickly and easily create job specific supplemental questionnaires by "adding" them to your online
announcement from the supplemental question item bank. Use this ability to expand your current supplemental
questions to gather and report on infonmation such as "stow did you hear about this position" Responses are
automatically captured in the system, which eliminates data entry and is fully reportable.
• Screen applicants automatically as they apply
Dramatically reduce the time it takes staff to review and screen applications with automatic scoring.
Applications can be screened for education, experience, desirable qualifications, etc. Simply define a scoring
plan and let the software do all the work.
• Supplemental question item bank
Create and manage a central repository of supplemental questions using your own item bank. Questions are
created and stored once so they can be leveraged for future recruitments. Statistics are gathered on each item in
order to check for validity, reliability, etc.
• Define and store scoring plans
Quickly and easily create simple or complex examination scoring plans including tests and sub - tests.
• Test processing
Input test results via OMR scanner (Scantron), keyboard, or comma separated values (.csv) import tile.
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• Test analysis and pass -point setting
Analyze test results to perform pass -point analysis, check for adverse impact, and applicant flow.
• Score, rank, and refer applicants
Use advanced functionality to rank applicants by score, weighted score, or band. Adjust scores and ranking by
applying veteran's or promotional points for each eligible Iist. Filter the referral list using agency defined fields
such as work location and skill codes.
��rr••�••••• L 1-1 ng - Az ttvv lnstgtit Enterprise Edition
Most agencies today are fed up with their DOS -based applicant tracking system, use an ineffective home -grown
Access /Excel based- system, or simply "get by" without a system altogether. Insight Enterprise Edition's applicant
tracking provides you with a user - friendly, intuitive interface that your employees will quickly adapt to, powerful
applicant tracking abilities that your agency demands, and the security to know that your applicant tracking data will
remain intact.
Agencies nationwide are making the switch from their existing systems to Insight Enterprise Edition because Insight
provides them with the tools and usability that they have been without for years.
Among other benefits, Insight Enterprise Edition Recruitment application allows you to:
• Track applicants by step/hurdle
If your current applicant tracking system makes it difficult to easily view applicant progress through recruitment
evaluation steps, Insight's refreshing web -based interface makes it easy to clearly view applicant progress
throughout the entire recruitment process. Simply click on the appropriate links to view applicant progress,
adverse impact reports, applicant flow, and applicants who passed /failed each step.
• Generate email and hard -copy notifications
In seconds you can generate applicant notifications either via email or hardcopy in Word or WordPerfect. For
applicants who provide an email address on their hardcopy application, or apply online, you can generate and
distribute email notifications, significantly reducing postage, printing, and mailing costs.
• Schedule written, oral, and other exams
Easily schedule and track applicant exam dates and locations. Insight's user- friendly interface makes it easy to
manage applicant exam information.
• Automatically maintain detailed applicant history
With all of your applicant information in one repository, Insight makes it easy to easily and clearly view the
applicant history for any of your applicants in the system.
• Track applicant skills
When trying to fill positions, the information stored in your database is crucial. With Insight, you can effectively
gather and search on applicant information such as skills.
Reporting and Analysis - NEOGOV Insight Enterprise Edition
insight Enterprise Edition includes a robust, yet easy- to-use reporting and analysis tool that allows any user to run
standard reports or create customized reports to gain valuable insight into your recruitment, selection, and applicant
tracking data and processes. With an intuitive interface, your users can create new reports on the fly — without requiring
any IT or programming resources. In addition, you can easily export data to Microsoft Exce" or CSV files for
additional analysis or integration with external infonnation.
Our full- featured reports (including over 60 standard reports) include a variety of pre -set and custom options that give
agencies the ability to find, track, and measure data critical to understanding the health of your organization— and
ultimately your success.
Applicants:
• Collect and report on EEO Data
Complete EEO data and statistics is at your fingertips via a user - friendly graphical ordata oriented presentation
• Analyze and report applicant flow
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4/8/2014 16.E.1.
Quickly identify applicant flow for your entire organization or each recruitment by gender and ethnicity.
Additionally, the web -based interface allows you to "drill down" into the applicant flow to quickly view and
report on reject reasons.
• Analyze and report on key metrics
Analyze and report on key hiring metrics including number of applications received, application source, number
of eligible applicants, number of applicants referred, etc.
Recruitments:
• Track and analyze recruiting costs
Quickly identify how much your agency is spending on recruiting. Report on how much you spend by
department, job class, time period, etc.
• Track and analyze staff workload
identifies which of your staff is recruiting most often and maybe even more importantly, most effectively.
Workload:
• Track and analyze staff workload
Generate reports detailing what recruiters, analysts, and other staff members are working on. Identify the
workload placed on your staff so that you can effectively manage your staff and distribute work evenly.
Effectiveness:
• Measure applicant quality
Track and analyze the quality of the applicants you referto your hiring managers. Insight Enterprise Edition can
exchange data with your HRIS and performance tracking system for further validation.
• Track and analyze hiring metrics
Generate reports on the fly such as Cost- Per -Hire, Days Between Certification and Hire, Requisition Time to
Fill by Analyst, and much more.
HR Automation - NEOGOV Insight Enterprise Edition
Insight Enterprise Edition's FIR automation enables your agency to significantly reduce time and effort required to
complete many paper - driven and labor intensive processes such as requisitions, data entry, and eligible list referrals.
Empower your agency to spend less time processing and more time identifying and hiring the best applicants.
Use ICR scanning to eliminate all data entry. Automatically route and track requisitions electronically, Eliminate all
paper transfer between departments and HR. Increase internal customer satisfaction. Enable hiring managers with instant,
online access to all referred applicant information.
Among other benefits, Insight Enterprise Edition Recruitment application allows you to:
• Create and route job requisitions
Improve internal customer satisfaction, reduce time -to -hire, reduce cost -per -hire by eliminating your paper
driven requisition (request to fill) process. Insight Enterprise Edition includes the Online Hiring Center (OHC)
where line departments can create, route, and approve requisitions in real time. The old paper process that could
weeks can now be completed in less than one day. Additionally, both HR staff and the authorized department
users can view the progress of the requisition without picking up the phone or emailing everyone to find out the
requisition status.
Refer certified applicants electronically
Because you can refer applicants from your eligible lists to hiring managers electronically (including application
materials) using the Online Hiring Center (OHC), the need to find paper applications, photocopy, and mail the
hardcopy material to the hiring manager is eliminated. Hiring managers can also request more names from the
eligible list using the OFiC, making the process simple, reducing the risk of losing requests, and reducing the
overall time -to -hire.
• Scan paper application materials
Hardcopy application materials can be scanned, stored, and associated to the applicant record. Now, all the
applicant information (whether received online or hardcopy) is accessible anywhere, anytime.
• Eliminate data entry with intelligent Character Recognition (iCR) scanning (optional)
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Eliminate manual data entry of applicant demographic information from hardcopy applications with ICR
scanning. Scan hardcopy applications into Insight Enterprise Edition and the ICR scanning engine will convert
the handwritten text into electronic data. Now, you can truly leverage your staff for more cost effective tasks
than data entry.
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Order Form NEOGO W
Customer:
Exhibit B: Order Form
Rill Tn!
ArnyLyberg
Collier CountL FL
Quote Date: 5/17/06 Revision: 1
Valid From: 5/17/06
Valid To: 6/17/06 Order Number:
Reg uested Service Date: Initial Term: 12 Months
Order Summary
1More detailed descriptions of the services are contained in the order detail for each service which are income orated
herein and made a part hereof by this reference
NEOGOV, Inc. Proprietary and Confidential Page 13 of 16
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Order Form NEOGOV'M
Order Detail
1.0 Insight Enterprise Edition
1.1 Insight Enterprise 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 job announcements and descriptions
• Attract "passive" applicants with automatic 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
• Item bank and item analysis
• Test processing (automatically input Scantron test data sheets)
Test analysis and passpoint 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 applicant flow
• Track and analyze data such as time -to -hire, recruitment costs, staff workload,
applicant quality, etc.
• Over 70 standard system reports
• Ad Hoc reporting tool
HR Automation
• Create and route job requisitions
• Refer and certify applicants electronically
• Scan paper application materials
• Eliminate data entry with Intelligent Character Recognition (ICR) scanning (optional)
Additionally, during the term of the subscription, the Customer will be provided:
Unlimited Customer Support (6 :00 AM — 6:00 PM PT)
NEOGOV, Inc. Proprietary and Confidential
Page 14 of 16
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Order Form NEOGOV`
Customer Support shall be provided to the Customer both on -line and by telephone
Monday — Friday, 9:00 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 Insight Enterprise 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
• 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 activities within the HR staff
• NEOGOV will conduct one day 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 -on 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:
• 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
• 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 Insight Enterprise Training
NEOGOV will deliver training to Agency recruiters. We will provide all required user
exercises and user guides to the Agency.
Following 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 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.
mu. Proprietary and Confidential Page 15 of 16
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Order Form N EO OT'
Order Form Terma and Conditions:
(1) The Customer hereby orders and GovemmentJobs.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 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) days
of execution of this Order Form and Service Agreement ($12,100.00).
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. ($2,575.00)
Completion of Insight Enterprise Training
• 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. ($2,575.00)
(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.
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
Signature: -
Print Name:
Title:
Date:
NEOGOV, Inc,
Signature:
Print Name: cott Letourneau
Title: President
Date: t1� p(0
NEOGOV, Inc. Proprietary and Confidential Page 16 of 16
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