HomeMy WebLinkAboutItem 06.i/CCN
July 1, 2013 t Item No.
AGREEMENT WITH NEOGOV FOR
HIRING MANAGEMENT SOFTWARE LICENSING AND TRAINING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the agreement
between the City of Lakeville and NEOGOV.
Passage of this motion will result in the provision of software to assist the city with hiring
processes.
Overview
NEOGOV provides a subscription to Insight Hiring Management Software which assists many
local government agencies with customized hiring processes. Interested candidates for city
positions will be able to complete their applications on line and attach additional information
such as a resume. Since the candidates log in via their email addresses, they'll be emailed
information as we move through the process which will keep them more informed.
The Human Resources Department will be provided with a more in depth process to evaluate
candidate qualifications. Specific data fields will be required which will insure that we have all
of the important information needed to evaluate the candidates. In addition, since the
applications are computerized, they can be more easily viewed by the parties involved in the
interview process.
The agreement is priced through a cooperative purchasing agreement with LOGIS which
enables us to get the best possible pricing.
Primary Issues to Consider
• Is the system difficult to use? No, in fact, I've been told most applicants prefer this
process.
Supporting Information
• Service Agreement
Cindi Jooste
Human Resources Manager
Financial Impact: $_5,955 Budgeted: Y/N Y_ Source: _Human Resources
5e - e vice bevel Agreement NEOGOV
THIS ON -LINE SERVICES AGREEMENT (this' Agreement") is made and entered into this clay of
__ 2013; by and between GoverrnmeiWobs.com, Inc., it California corporation (tilbla
`'NEOGOV'').:and the a public entity acting by and through its duly appointed representative
{"Customer").
1. Provision of On -line Servio
(a) Customer hereby engages NEWOV, and NEOGOV hereby agrees (subject to the terms and conditions set forth
herein), to provide the services (the "Services') more fully described in this Agreement and in Exhibit A (Order Fotm),
Customer hereby acknowledges and agrees that NEOGOV's provision and performance ofthe Services is dependent
and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder.
2. Additional riEOGOV 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 provided through this
agreement.
(b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support,
maintenance and other services to Customer more fully .described in this Agreement.
3. Cnstt utter .ResQOnsk ilities In connection with the performance of this :Agreement and the provision of the
Services, Customer shall be responsible for the f0ll0Wing:.
(a) Customer shall be responsible for enburing that Customer's use ofthe Services and the performance of Customer's
other obligations hereunder comply with all laws applicable to Customer.
(b) 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.
4. 0womkin. Protection Security,
(a) 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 this agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon: termination of
this Agreement.
(b) 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 object code) other than the right
to receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellecWal 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.
(c) NEOGOV grants to Customer a: limited license during the term of this Agreement fo 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.
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Service Level fivees ent 1 E ("' '
5. : NEOGOV _Representa and Warranties. -
(a) Service Performance .Warranty. NEOGOV warrants that it will perform the Services in a mariner consistent with
industry standards reasonably applicable to the performance. thereof
(b) No Other W . EXCEPT FOR THE EXPRESS WARRANT IIaS SE T FORTH IN PHIS SECTION 5, THE
SERVICES ARE PROVIDED ON AN "`AS IS "BASIS, AIdD CUSTOMER'S USE Ol T HE SERVICES. IS AT ITS
OWN RISK. NEOGOV DOES NOT MADE, AND 14EREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINF"RINGEMENT.AND TITLE, AND
ANY WARRANTIES, ARISING FROM COURSE. OF DEALING USAGE, OR TRADE PRACTICE. NEOGOV
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE.
(c) Darclaimer of Actions Caused by and/or Under the Control of Third Parties. NFOGOV DOES NOT AND
CANNOT CONTROL T HE FLOW OF DATA I'O 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 =RD 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. APPROPRIATIr 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.
G. PublicLq Following execution of this Agreement the parties hereto may issue a press release, the farm and
substance of which shall be mutually agreeably to the parties, announcing the relationship created by this Agreein.ent.
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 Nondis ure Through exercise of each party's rights under this Agreement, each party maybe exposed to the
other party's technical, financial, business, marketing, planning, and other information and data, in written, oral,
electronir,,.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
surround.ing..facts and circumstances to be confidential or secret ( "Confidential Information°) and trade secrets. In
recognition ofthe other party's need to protect its legitimate business interests, each party hereby Covenants and,agtees
that it shat l regard and treat each item of information or data constituting a trade secret or Confidential Information of
the other party as strictly tonfdential and wholly owned by such other party and that it will not, without the.express
prior written consent of the other party or except as required by law including the Public Records Act of the State of
MN, redistribute, market publish; disclose or divulge to any other person. firm or entity, or use or modify for use,
directly or indirectly in any way for any person or entity, (i) any of the other party's Confidential Information during
the torm of this Agreement and for a period of three (3 ) years after the termination of this Agreement or, if lager., 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 anytime during which such information shall constitute a trade secret under applicable
law.
8. Liability Limitations
(a) If promptly notified in writing of any action brought against Customer based on a claim that .NBOGOV'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
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Sei Level Ag arnent N E Via' l
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 liabili or settlement or take an other action impairing
the defense of such claim without NEOGOV's prior written approval).
(b) . Customer acknowledges and agrees: (1) that NEOGOV has no proprietary, financial, or other intorest in the goods
or services that maybe 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 OR ENTITY,
EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES. OF
11' IERCHANTABILITY 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 CIIRCUMSTANCE. OR DUE TO ANY EVENT
WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFIT,. LASS OF USE OR BUSINESS STOPPAGE.
(d) Under no circumstances shall NEO GOV's.total liability to Customer or any other person, regardless ofthe 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) inoath period; provided,
however that the foregoing limitations set forth in thi Section 8( shall not apply to actions brought under s(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 re am in effect for twelve (12) months unless
terminated by .either party as set forth herein ( "Initial Terra ").
(b) This Agreement may be renewed for additional terms ( "Renewal Term ") equal in duration to. the initial reran
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 nght to terminate this Agreement immediately if the Service provided hereunder become
illegal or contrary to any applicable law, rule,.regulation or public policy. Each party shall liave.the right to terminate
this, Agreement upon sixty (60) days pricer 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 J h�,iJLA (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 hermn, .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
NEOGOV, Inc. Proprietary and Confidential
Page 3 of 8
Serv Level Agreeme
an increase in aintenance and support c
barges, NMOGOV sh
at least thirty (30) days prior to the expiration of the applicable term.
a •
written notice of such increase
I 1 Force Mali um , NFnGOV shall not be liable for any damages, costs, expenses or other consequences incurred
fly 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 law.. rule, regulation or ordinance; .(iii) strikes, lockouts or other labor
problems; {iv} transportation delays; (v) unavailability ofsupplies or materials; (vi) fire or explosion; (vii) riot military
action or usurped power; or (!iii) actions or failures to act on the part of a governmental authority.
12. Pimback Claude It is understood and agreed by Customer and NEOGOV that any governmental entity may
pmrchase the services specified herein in accordance with the prices,, terms, and conditions ofthis agreement, It is also
understood and. agreed that each local entity will establish its own contract with NEOGOV, be invoiced there from
and make its own payments to NEOGOV in accordance with the terms of the contract .established between the new
governmental entity and hEOGOV. 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 entity other than Customer.
13 Miscelilaneous Either party may not assign itsxights . 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,partiies with respect to the subject.matter hereof and shall be governed by and construed in accordance
with the laws of the State of MIN 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 WHERFOF, the parties have caused this .Agreement to be executed by their respective duly authorized
officers as of the date set forth above,
C ustomer
Lakevi lle City MN
Hill TO
GovernmentJobs.com Inc,
J_
i nature:
nature:
rint blame:
Print blame;
ft Letourneau
itle:
Title
President
Date:
Date:
NEOGOV, Inc. Proprietary and Confidential Page 4 of 8
Serv ice Level fiai eemelnt N E '. V
Under - — mare
This agreement is effective upon execution and is.extended for an initial terra of 12- months.
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Under - — mare
This agreement is effective upon execution and is.extended for an initial terra of 12- months.
Wm escri Lions of rviees are contained in the order detail for each service which inq2M= tad
hmi t and trade a
part - bAeof by jbig reference.
1,0 Insight Enterprise Edition
LIL i.icense Subscription
The Customer 's subscription to the insight Hiring Management Software includes the f¢liowing functionality:
Recruitment
o Customized online job application
* Accept job applications online
Online applications integration .with current agency website
o Online jib announcements and descriptions
p .Automatic online job interest cards
0 Proactively search your applicant database
� Real -time database of all'appjicant information
Q Recruitment and examination planning
Selection
q Create store, and reuse supplemental questions in the Insight item bank
NEOGOV, Inc. Proprietary and Confdenfial Page 5 of 8
1.0 M1 4 h E + -V,'-i dot
i
1.1 Ucensesubscription
$,,g6D.00
1.2 Pmdsming
.
$0:00..
1.3 On -.line User Training
$995.00
SUb `Ott:
s5m oo
X995:40
OV172 X
-7 "S.00
f
- S?I AQ
1
Wm escri Lions of rviees are contained in the order detail for each service which inq2M= tad
hmi t and trade a
part - bAeof by jbig reference.
1,0 Insight Enterprise Edition
LIL i.icense Subscription
The Customer 's subscription to the insight Hiring Management Software includes the f¢liowing functionality:
Recruitment
o Customized online job application
* Accept job applications online
Online applications integration .with current agency website
o Online jib announcements and descriptions
p .Automatic online job interest cards
0 Proactively search your applicant database
� Real -time database of all'appjicant information
Q Recruitment and examination planning
Selection
q Create store, and reuse supplemental questions in the Insight item bank
NEOGOV, Inc. Proprietary and Confdenfial Page 5 of 8
Se�ice Level Agme pan I --toG
Screen :applicant automatically as they apply
Define unique scoring plans -per recruitment or copy existing scaring plans
0 Testltem bank. (optional in TMS)
0 Conduct Item analysis
a Test processing. (automatically input Scantron test data sheets)*
Test analysis and pass -point setting
0 Score, rank, and refer applicants
Applicant Tracking
n Email and hardcopy notifications
n EEO Data collection and reports
o Track applicants by:step /hurdle
Q Schedule written, oral, and other exams
C. Detailed applicant. history record
0 Skills tracking and matching
Reporting and Analysis
o Collect and report on EEO data
0 Analyze and report on adverse impact and applicant flow
Track and analyze data such as time -to -hire, recruitment costs, staff workload,.applicant quality, etc.
c Over 80 standard system reports
o Ad Hoc reporting tool
HR. Automation
o Create and route job requisitions
6 Refer and certify applicants electronically
o Scan paper application materials
* Cost of the:scanner is not included unless listed an Exhibit - ORDER J!QRM
* Requires a Scantron or similar Optical -Mark Reader (OMR) scanner, special forms, form set -up, and scanner
software, which are notincluded unless listed on Exhibit ORDERYORM
Additionally, during the term of the subscription, the Customer will be provided:
Unlimited Customer Support (fi:tlil.AM.- &00 PM PT)
Customer Support shall be provided to the Customer both on -line and by telephone Monday - Friday, 6:04 AM -
6 00 PM PT (excluding. NEOGOV holidays).
Product Upgrades to Licens;edl '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. rollcuts are generally released every
three months.
1.2 Provisioning
The following activities are conducted as part of the Insight Enterprise implementation
Conduct a project kick off meeting to review the project timeline, deliverables, and establish project .
expectations
c 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 provide all required user exercises and user guidesto the Agency.
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Service Level
NEOGOV'
Once the care: user community is comfortable with the system (typically within 10 hours of hands -on use)
they will train the remaining AR staff to complete their tasks using Insight
• Between tlr.e training and go- live,- NEOGOV will complete the following activities:
o Creating an agency - specific training environment which is used by your agency duringtraining and
afterwards to train. in prior to moving into production
o Configure printable job bulletin
o Integrate your new production job opportunities, promotional opportunities, and class specifications
web pages into your existing agency website
o Establish the.Agencys Insight Enterprise production environment
1.3 Tralnfng
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,
Order Form Terns and Qppditioas:
(1) The Customer hereby orders and Governntcntlabs:cotn. Inc (d/b/a NEOGOV, Inc.. hereafter "NEO(iOV"):agrees to
provide the services described in this Order Form. THE SERVICES. ARE PROVIDED PaRsuANT TO THE TERMS
AND CONDITIONS OF'FHIS ORDER FORM AND THE SERVICE, AGREEMENT BETWEEN NEOGOV AND THE
CUSTOMER.
(2) The Customer agrees that the pa3,ment schedule is as follows-
Provide all required software and licenses
• One hundrod percent (1006) of the utnual license prico is payable within thirty (30) days of execution of this Order
Form and Service Agreement.($5960,00) Subsequent renewal terms shall be invoiced at $5960.00
Software Provisioning.
v One hundred percent (100 of the non- rco=ing costs:are to be paid to NEOGOV within thirty (30) days of the
execution of this Utder Form and Service Agreement. ($0.00)
Training
• One hundred percent (100° /a) 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. ($995.00)
(3) Neither the Customer nor NEOGOV will be bound by this.Order corm until it has been signed by authorized representatives
of both parties.
(4) Changes or alterations to this Order Form will not be accepted.
'114FRE ARE SIGNIFICANT ADDITION AlI TERMS AND CON .oll IONS, wARRAN1 Y DISCLAIMERS AND LIABILITY
LIMIIATIUNS CONTAWLI) IN Till~ SERV ICE AGREEMENT BETWEEN THE CUSTOMER AND NLOGOV.
DO NOT SIGN 71It$ ORDER FORM YOU HAVE RFAD THE :SERVICE AGRBI. MLh'1 IN IT' ENTIRETY.
YOUR SIGNATURE BELOW INDICA"ILS TIIAT YO HAVE READ THE SERVICE AGREEMENT A- N D AGRCL TO HE
BULND BY IFS PROVISIONS.
NEOGOV Inc. Proprietary and Confidential Page 7 of 8
Service Level Agreement NFOGOV -
Qwam
Signature
Print Name
Title:
NEOGOV
Inc
Signature:
Print Name; ,,Scott Uetourneau
Title. President.
Date: Date
FA
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