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HomeMy WebLinkAboutES11-246 - Amendment - NEOGOV, Inc. - Addition of Perform (PE), Employee Standard Integration & Learning (LMS) - 01/01/2019 r KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑] Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Govern mentjobs.com Vendor Number (]DE): 382804 Contract Number (City Clerk): E51I -w2L!La _ U Category: License Agreement Sub-Category (if applicable): Amendmentm,,,,,,,,m_ Project Name: Neogov Perform (PE)/Learning (LMS) Subscription Licenses Contract Execution Date: 01/01/19 Termination Date: 12/31/19 Contract Manager: Somen Palit Department: IT Contract Amount: $51,345.80 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: �___ I�rt�r� t Invoice Governmentjobs.com, Inc. Date 12/1/2018 300 Continental Blvd Suite 565 Number INV25600 El Segundo CA 90245 Due Date 12/31/2018 Bill To Terms Net 30 City of Kent P.O. No. 147986 Information Technology Department 220 4th Ave.S Kent,WA 98032 United States (TZ ° µ m Item Description Period Covered Amount PE- New Performance Evaluation Software License 1/1/2019- 12/31/2019 19,678.00 Employee Import Employee Standard Integration 1/1/2019- 12/31/2019 3,000.00 into PE/ON (SFTP)- New LMS - New Learning Management System 1/1/2019- 12/31/2019 24,000.00 Thank you for your business! Subtotal 46,678.00 Please note remittance information below. Tax 4„667.80 Total 51,345.80 To view and download a copy of our W9 please visit www.neogov.com/w-9 Amount Due $51,345.80 APPROVED SY., 2 ..... . DATEe (� f`r ' B DATE:,,( D9 NEOGOV Remittance Slip Payments Online Customer Kent,City of(WA) To pay wfa credit card,please login to our Netsuite Customer Billing Center. If you do Invoice# INV25600 not have access to our Customer Center, please email us at accountpng@neogov.com or call 310.426.6304 for assistance. Amount Due $51,345.80 Amount Paid Payments by Wire: Silicon Valley Bank Account#:3302022848 Account Name:Governmentjobs.com, Inc. Make Checks Payable To Bank Routing No.:121140399 NEOGOV Swift Code:SVBKUS6SIBO Governmentjobs.com, Inc. 300 Continental Blvd Suite 565 El Segundo CA 90245 Transaction ... INV25545 oq o o O O O 0O O 00 co U R (0 (O V O O Cl) O � N H cm o 0 0 O m ro o 0 (6 y c^D o 0 U n N CC C O n 00 a O O o o p ~ .. d r U (i? o o y m O CDO U UU) V p ; M M N 3 6 O 00 > O o C O U m w O (6 Z N J 00 oroU L) M00 C = O N c O H ik 0 d O c U) a E C > (N Cl) > c O O O `lC7NWd ' (1 Yi�r O d E y N f0 j a w Y U O G O p a Q A a> aq� N J O 10 p ♦+ Y Cl) a > ` O N � O Lam` Y E Y m U) (D a c c 1 4 _ F w N in c V) c m ' O (a O M CL O _ N N OU N L c J c w m a N Y a E2 ° E y @ �Mrr L O 47 — o_ �`p d C O o L d > E ns 0 0r U 'MaA U 'ct c n O m m E W a 0 6 c Co -p m (n W Z V) O L Cf L) N 4.0 4) O s/® O U 9 o ` 0 0 d 0 0 # i L a • _ � Y o � N E U w LIB= E N cc E > aa) 00 A c 0 .. ro m o a) 0 U c ( 'O lA O Co U) N a U) O E Q 0 W a) _N Q L o a �+ L N L 2 p H O 0 C V (n Y J N M V �n m Q rL ORDER FORM Customer: BRI TO: City (if Kent(WA) Attention;, Human Resources Address: 400 West Gov e Street Kent, WA 98032 Phone: 253-856-5277 Email: liumanresources(i),kentwa.gov Valid To: 9/30/18 Initial PE 8/I/18 12/31/18 Prorated LE 10/1/18 12/3„1/1.8 Term: Order 8luntmarv_ Discounted pricing below is provided if the contract is signed by 9/30/18. Initial Initial1�,iorated ) co e� L Line 11escrilation Fees 811/18— Recurrntaz Fees w 12f3,1l18 1.0 Pcrfonn (PH) 1.1 Subscription License for up to 650 full-time employees $8,199.I6 — �...._ .........,,... L2 S 1.3 1'rauttn$etup and Implementation $1 333 3)3 _..._... ing $1 000 00 �. — 2.0 Employee Standard Integration w/1IRIS $] 250.00 $2,000.00 Sub lrotall: $9,44916 $4,333.33 4ales Tax 10%: $944.91 Order,1461Invoiced 8/1118 $14 727.40 Initial Prorated Non Recurring Line 'estiT_ ription Fees 10/1/18— Fees 1211118 3 0 Learn (LE)', 3.1 Subscription License for up to 800 total employeeS $6 000 00 — _ —— _ .._ _. —_ -.- 3 2 S at p and implementation $1 333 33 — ..._ _.._. _... 3.3 Trammg $1,000.00 Sub Total: $6,000.00 $2,333.33 Sales T6z"10°/+r . $600.00 Order Total lnvalce 1 10lI/� --�8�93 .33 Page 1 t -O " _ ORD> R FORM Customer: Bill To: City of Kept-jWJ ) Attention: Human Resources Address: 400 West Gowe Street Kent, WA 98032 Phone: 253-856-5277 Email: hmnaiiresources(d),kentwa.gov Valid To: 9/30/18, Term: 1/I/19- l2/31/19 Order Surnrnary: Discounted pricing below is provided if the contract is signed by 9/30/18. Line Description Initial Annual Recurring Fees 1.0 Perform (PE) _........ ....._...... .............. _.... 1.1 Subscription License For up to 650 full-time employees $19,678.00 1.2 Setup and Implementation 1.3 Crainin . ....... _. . _...................... .w..... ............. _. 0 Employee Standard hitegration w/ ...... __...... ..---- __.......m _ ............. 3.0 NEOGOV Learning(LMS) -- ------------ en- - 3.1 Subscription Lic for up to 800 total employees $24,000.00 - - ..........._.... 3.2 Setup and Implementation - -, - - 3.3 1 Training _.. _ ..... - - .. m .. Sub Total: $46,678.00 Sales Tax 10%: $4,667.80 Order Total Due 111/19; $51,345.80 More detailed descriptions of the licenses and/or services are contained in the order detail for each service, which are incorporated herein and made a part hereof by this reference. This Order Form is an attachment to and part of that certain Online Services Agreement(the" seen gnt") by and between NF,OGOV and Customer. Additionally, during the term of any subscription license, the Customer will be provided the following: Customer Support-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 nest login following a product upgrade rollout. Page 1 Order Detail 1.0 Perform (PE) Perform (PE) is designed to address the major areas of human resource activities centered around employee performance management. As described below, Perform (PE) includes built-in workflow for business processes, configurable tasks, performance evaluations and reports. A subscription to Perform (PE) will include the following: • Configurable Performance Evaluations • Ability to build Library of Goals, Competencies, and Writing Assistants • Shareable Competency Content • Development Plans • Configurable Process Workflows • Scored and Non-scored Rating Scales • Log of Performance Observations throughout the year • Peer Reviews and Multi-rater capability • Configurable Email Notifications • Automatic Evaluation Creation • Ability to perform actions in bulk for Employees and Evaluations PE Setup and Implementation The following activities will be conducted as a part of the Services: • Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations. • NEOGOV will work with Customer staff to understand the existing processes as well as other workforce business practices where applicable. • NEOGOV will establish Customer's productimn environment. • All NEOGOV products will be implemented off-site. Customer may integrate NEOGOV solutions with other systems using standard NEOGOV integration tools, web services and/or flat files. The specifications and scope must be defined prior to agreeing to a timeline or price. • Following NEOGOV product rollout,NEOGOV and Customer will conduct two (2)post go-live conference calls)(if scheduled)to ensure that the rollout was completed successfully and that any production questions are addressed promptly. PE Training • NEOGOV training is available online (web-based, pre-built, content) unless otherwise proposed as included in the Order Farm. • NEOGOV's pre-built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by the staff following training to conduct day-to-day activities. The pre-built, online training includes exercises that are designed to be flexible enough to allow Customer led training sessions internally to introduce user-specific requirements and processes for staff to learn the system as closely as possible to the customer's actual processes after go-live. Page 2 2.0 Employee Standard Integration NEOGOV offers an employee standard integration that provides an ongoing update of employee data from your HR1S system to Perform. More detailed information is available in the NEOGOV Employee Standard Integration Guide. 3.0 Learn (LE) Learn (LE) is designed to provide a seamless experience for organizations to train and develop employees. Learn addresses the critical need of organizations to ensure completion ofrequired tminings. By tracking both in-person and online training in one central place,organizations can improve employee performance and safety and reduce risk and liability claims. A subscription to Learn will include the following: • Create, schedule, enroll learners in, and track completion of online and in-person, classroom trainings • Ability to upload course content tiles • Certificates after course completion • Learner transcripts & class rosters • Course catalog with configurable categories for learners to browse • Centralized dashboard that displays all required and elective trainings (online and in-person)that employees can take • Over 275 `off-the-shelf online courses related to: o Health&Safety, o Employment Practices and Liability, o Human Capital o Cyber Security and Privacy, o Law Enforcement, o Higher Ed/Campus Safety & Compliance, o Safe Driving, and o Parks& Recreation(including Child Safety courses) o Computer/1T Skills LE Setup and Implementation The following activities will be conducted as a part of the Services: • Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations. • NEOGOV will work with Customer staff to understand the existing processes as well as other workforce business practices where applicable. • NLOGOV will establish Customer's production environment. • All NEOGOV products will be implemented off-site. Customer may integrate NEOGOV solutions with other systems using standard NEOGOV integration tools, web services and/or flat files. The specifications and scope must be defined prior to agreeing to a timeline or price. • Following NEOGOV product rollout, NEOGOV and Customer will conduct two (2)post go-live conference call(s)(if scheduled)to ensure that the rollout was completed successfully and that any production questions are addressed promptly. Page 3 6O G Mu} M LE Training • NEOGOV training is available online (web-based, pre-built, content) unless otherwise proposed as included in the Order Form. • NEOGOV's pre-built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by the staff following training to conduct day-to-day activities. The pre-built, online training includes exercises that are designed to be flexible enough to allow Customer led training sessions internally to introduce user-specific requirements and processes for staff to learn the system as closely as possible to the customer's actual processes after go-live. Order Form "Perms and Conditions: Customer shall pay the Fees set forth in this Order Form as follows: Annual Recurring Fees: • Customer shall pay all Prorated Fees (including for any NEOGOV Integrations) for Perform within thirty(30) days of the date of Customer's execution and delivery of this Order Fort". • Customer shall pay all Prorated Fees (including for any NEOGOV Integrations)for Learn within thirty (30)days of the start of the Learn prorated term. • Customer shall pay at] annual recurring Fees(including for any NEOGOV Integrations)for any Renewal Term within thirty(30) days of Customer's receipt of NEOGOV's invoice therefor. The annual recurring Fees for a Renewal Term are subject to increase. Setup and Implementation Fees: • Customer shall pay all Setup and Implementation Fees for Perform within thirty(30) days of the date of Customer's execution and deliver},of this this Order Form. • Customer shall pay all Setup and Implementation Fees for Learn within thirty(30)days of the start of the Learn prorated term. Training Fees: • Customer shall pay all training Fees for Perform within thirty(30)days of the date of Customer's execution and delivery of this this Order Form. • Customer shall pay all training Fees for Learn within thirty(30)days of the start of the Learn prorated term. IN WITNESS WHEREOF,the parties have caused this Order Form to be executed by their respective duly authorized officers as of the date set forth below. - ----------.._ .-..w,... Customer: NEOGOV: GovernmentJobs,com Inc Signature: - r- Signature: L Print Name: Print Name: Title: Title: leaYn floss •l'-r Controller Date: 9 y0 Date: oteizots Page 4 Service A t'eelrlen THIS ON-LINE SERVICES AGREEMENT(this"Agreement')is made and entered intothis I st day of August,2011, by and between GovernmentJobs.com, Inc., a California corporation (deb/a "NEOGOV"), and the City of Kent, Washington 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 terms and conditions set forth herein),to provide the services(the"Services")more fully described in this Agreement and in Lxlobi. .A(Order Fortn). 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. Addltimia1NEOGOVIttsponsibilitles.In connection with the performance ofthis 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 filly described in this Agreement. 3. CmistomerResponsibilities In connection with the performance of this Agreement and the provision ofthe Services, Customer shall be responsible for the following. (a) NEOGOV's logos,including the"powered by"logo,may appear on the"employment opportunities",`job description"and other pages of Customer's web site. (b) 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. (c) 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. 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 infotmaidon 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 (c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect to NF.000V'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 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]timed 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 pub]icnymaterials and links NEOGOV, Inc Proprietary and Confidential Page 1 of 8 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 Reoresetttations and Warranties. (a) Service Performance Warranty NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof (b) No Other 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 ANDIOR IMPLIED WARRANTIES, INCLUDING, BUT NOI" LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT AND TITLF..AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE,OR TRADE PRACTICE NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UN INTERRUPf ED,ERROR-FREE,OR COMPLETELY SECURE. (c) Dise(mmer 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 GUARANTEETHATSUCH EVENTS WILL NOT OCCUR ACCORDINGLY,NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS 6 Publicit 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 bythis Agreement without the pnor consent of the other party,which consent shall not be unreasonably withheld. 7 Notntliselosure Through exercise of each parry's rights under this Agreement,each party may be exposed to the other parry's technical, financial, business. marketing, planning, and other information and data, in written, oral, electronic,magnetic,photographic and/or other forms,mchiding but not limited to(t)oral and written communications of one pasty with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and(it)other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret("Confidential Information")and trade secrets Ln recoenition ofthe other parry'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 stnctly confidential and wholly owned by such other party and that it will not,without the express pnorwriten consent of the other party or except as required by law including the Public Records Act of the State of Washmgton,redistribute, market,publish,disclose or divulge to any other person,firm or entity,or use of modify for use,directly or indirectly in any way for any person oientity (i)any of the other party'sConfidential 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 parry hereunder.and(n)any of the other parry's trade secrets at any time during which such information shall constitute a trade secret under applicable law 8 LiabilitLiabilit�. (a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOV's Services NEOGOV, Inc Proprietary and Confidential Page 2 of 8 r infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infrm-lement relates to any third parry 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 NF.OGOV 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 he 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) Cor 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 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 farm 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 ofthe date hereof and remain in effect for twelve(12)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 nght 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 term inate 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 urto 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(he proprietary NEOGOV database 10 Payments. - (a)Initial Term See F.xhi it A(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 descnbed herein, provided Customer issues a purchase order or NEOGOV, Inc Proprietary and Confidential Page 3 of 8 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 Foree�eurg 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 beyondNEOGOV's reasonable control,including,without limitation (n)acts ofGod,(n)changes in or in the interpretation of any law,rule,regulation or ordinance,(in)strikes,lockouts or other labor problems,(iv)transportation delays,(v)unavailability of supplies or materials,(vn)fire or explosion,(vn)riot.mihtary action or usurped power.or (van)actions or failures to act on the part of a governmental authority. 12 Piggyback , It is understood and agreed by Customer and NEOGOV that any govemmenW entity may purchase the services specified herein in accordance with the prices,terms,and conditions of this agreement his 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 new governmental entity and NF.OGOV 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 Miscellaneous Either party may not assign its rights or obligations under this Agreement without the prior written consent of the other party. 'Phis 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 Stale of Washington,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. NEOGOV, Inc Proprietary and Confidential Page 4 of B Order Form NEOGOV" EXHIBIT A-ORDER FORM Customer: Bill To: Cif Q Aly-QUK—ent -iV--qf Koji! 220 Fourth Ave South 220 Fourth Ave South Kent,W A 98032 &Lq�tWA�8032 Contact:sel5jLc Ykqh=flurnqn-Resources Contact:Becky Fowler,Benefilts_MMiagtr S..V1h@ct_kept wa us,253-856-5270 t8jwkL akc: kept wva� _2j3-956-52.. 90 ...................... Quote Date: 7/211201-1 Revision: Valid To: 8W2011 Requested Service Date: TBD Initial Term: 12 Months Order Stttm'tnarV Anjim'i-li .0,Ift- Recurrin Recurring Line Descrigtion' Cost Cast 1.1 Subscription License $9,500.00 1.2 Provisionaiv $5.000.00 1.3 T%jnj=nj_. $2,600.00 1-4 Govenrsnent3arbs.coen �crption t'Ootional) Not Included Promotional Discount valid for 2 week contract close: 7,500.00) Sub Total: $00.00 Order Total: S91.500100 'More detailed descriptions of the services are contained in the order detail for-each service herein and made:a nan hereof by this reference NEOGOV, Inc Proprietary and Confidential Page Order Form NEOGOW Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer's subscription to the Insight Hiring Management Software includes the following functionality Recruitment • Customized online fob application • Accept fob applications online • Online applications integration with current agency websde • Online lob announcements and descriptions • Automatic online lob interest cards • Proactively search your applicant database • Real-time database of all applicant information • Recruitment and examination planning Selection • Create, store, and reuse supplemental questions in the Insight item bank • Screen applicants automatically as they apply • Define unique scoring plans per recruitment, or copy existing scoring plans • Test Item bank (optional in TMS) • Conduct item analysis • Test processing (automatically input Scantron test data sheets)` • Test analysis and pass-point setting • Score, rank, and refer applicants Applicant Tracking • Email and hardcopy notifications • EEO Data collection and reports • Track applicants by step/hurdle • Schedule written, oral, and other exams • Detailed applicant history record • Skills tracking and matching Reporting and Analysis • Collect and report on EEO data • Analyze and report on adverse impact and applicant flow • Track and analyze data such as time-to-hire, recruitment costs, staff workload, applicant quality, etc • Over 80 standard system reports • Ad Hoc reporting tool HR Automation • Create and route job requisitions • Refer and certify applicants electronically • Scan paper application materials NEOGOV, Inc Proprietary and Confidential Page 6 of 8 Order Form NEOGOW 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— Friday, 6 00 AM —6 00 PM PT (excluding NEOGOV holidays) Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package Product upgrades are automatic and available upon the next login following a product upgrade rollout Product upgrade rollouts are generally released every three months 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation • Conduct a project kick off meeting to review the project timeline, deliverables, and establish protect 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 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 w Between the training and go-live, NEOGOV will complete the following activities o Creating an agency-specific training environment which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable job bulletin o Integrate your new production job opportunities, promotional opportunities, and class specifications web pages into your existing agency website o Establish the Agency's Insight Enterprise production environment 1.3 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 NEOGOV, Inc Proprietary and Confidential Page 7 of 8 Order Form NEOGOW Order Form Terms and Conditions: (1) The Customer hereby orders and GovemmentJobs com, Inc (d1b/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 ($9,500 00) (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties (4) Changes or alterations to this Order Form will not be accepted THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT & ORDER FORM IN ITS ENTIRETY YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS S'ag nafwre. Jamb Pe Mayor Pro Tom Customer NEOGOV. Inc. Signature 9 Signature Print Name Sue Viseth Print Name Title Empiloyee Services Director Title i_Ares:o/'6W r Date. August 1, 2011 Date t'Zj Zyvrr NEOGOV, Inc Proprietary and Confidential Page 8 of 8 dh REQUEST FOR MA" OR"S SIGNATURE mow/ KENT Please Fill in All Applicable Boxes W RS NINOTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator ;j�tOR,A Y:o I n Lit Lz, Phone (Originator): k51-2 ql J Date Sent: Date Required: Return Signed Document to: CONTRACT TERMINATION DATE: dN VENDOR NAME: FGOV DATE OF COUNCIL APPROVAL: I R Brief Explanation of Document: All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: RECEN E CitVai Ken? Efate of the PA� ror Approval of City Attoi-Q. 15 2011 City Attorney CcKEV .AW DEPT, Date Forwarded to Mayor: C3 Shaded Areas to Be Completed by Administration Staff Received Recommendations & Comments: G 7 20ji - Disposition: 9111.9 /r dam? rl t �Lara M clrrGfkEht GAtYCI[hK -�- Date Returned: o, Iage5870 • 2/04