HomeMy WebLinkAboutAgreementA-19-464-1withNEOGOV.pdf1
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into
3 this ____ day of ________ , 2020, by and between COUNTY OF FRESNO, a political
4 subdivision of the State of California ("COUNTY"), and GovernmentJobs.com, Inc., doing business as
5 NEOGOV, a California corporation, whose address is 300 Continental Boulevard Suite 565, El
6 Segundo, CA 90245 ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Purchasing Agreement No. P-18-197-
9 C ("Purchasing Agreement") effective May 15, 2018, pursuant to which CONTRACTOR agreed to
10 provide maintenance and support of a recruitment software and application tracking management
11 system ("Insight") to COUNTY;
12 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 19-464, dated
13 September 24, 2019 ("Agreement"), to supersede, amend, restate and replace the Purchasing
14 Agreement with the Agreement, due to COUNTY's desire to purchase additional modules through
15 CONTRACTOR;
16 WHEREAS, COUNTY desires to purchase additional products and services, not included in the
17 scope of services of the Agreement, for further automation of employee management, including
18 NEOGOV's Onboard module to facilitate an electronic onboarding process for newly hired employees
19 and NEOGOV's Learn module for continuation of various mandated compliance trainings and rapid
20 dissemination and tracking of training specific to the Coronavirus Disease (COVID-19), which are
21 necessary expenses incurred due to the public health emergency with respect to COVID-19, as the
22 COUNTY is looking for solutions to reduce in-person contact and paper handling without negatively
23 impacting personnel-related business processes; and,
24 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to increase
25 the total compensation amount in order to purchase additional products and services for further
26 automation of employee management.
27 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
28 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
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Agreement No. 19-464-1
1st September
1 1. Section 6. COMPENSATION/INVOICING of the Agreement is deleted in its entirety and
2 replaced with the following:
3 "A. Previously Paid Amounts
4 COUNTY and CONTRACTOR agree that COUNTY has previously paid to CONTRACTOR the
5 Insight Enterprise Software License fees of $42,104.38 covering timeframe May 15, 2018 through May
6 25, 2019, $4,244.12 covering timeframe May 26, 2019 through June 30, 2019, and $38,786.56
7 covering timeframe July 1, 2019 through May 25, 2020, pursuant to the Purchasing Agreement
8 B. Compensation Details
9 COUNTY agrees to pay CONTRACTOR, and CONTRACTOR agrees to receive
1 O compensation as outlined in the attached Exhibit B -Pricing, which is incorporated by this reference.
11 Exhibit B specifies the amounts that will be paid with Coronavirus Aid, Relief, and Economic Security
12 (CARES) Act funds. In no event shall costs associated with the Onboard and Learn modules
13 purchased with CARES Act funding exceed $205,615.00.
14 C. Optional Products and/or Services Fees
15 "Optional Products and/or Services Fees, as listed in the table below, shall only be performed
16 and/or paid to CONTRACTOR if any such services set forth herein are performed by CONTRACTOR
17 and/or purchased by COUNTY upon COUNTY's written request. The Director of Internal
18 Services/Chief Information Officer is authorized to purchase additional products and/or services on
19 behalf of the COUNTY. In no event shall Additional Services Fees exceed $102,412.07.
20 OPTIONAL PRODUCTS/SERVICES COST
21 1. Additional Insight Users over the 8,000-user
22 threshold
23 2. Additional Perform users over the 8,000-user
24 threshold
25 3. Background Check Integration
26 4. Additional Onboard users over the 8,000-user
27 threshold
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$8.27 per user exceeding the 8,000-user
threshold
$12.00 per user exceeding the 8,000-user
threshold
$6,000.00 per year
$7.77 per user exceeding the 8,000-user
threshold
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1 O PTIONAL PRODUCTS /SERVICES
2 5. Additional Learn users over the 8 ,000-user
3 threshold
4 6. New Hire Integration -Flat File
5 (One-Time Setup Fee)
6 7. New Hire Integration -Flat File
7 (Annual Subscription Fee)
8 8. Position Control -Flat File
9 (One-Time Setup Fee)
10 9. Position Control -Flat File
(Annual Subscription Fee)
10. LE -Course Management Integration
(One-Time Setup Fee)
11 . LE -Course Management Integration
(Annual Subscription Fee)
12. LE -Course File Integration
(One-Time Setup Fee)
13. LE -Course File Integration
(Annual Subscription Fee)
D. Invoicing
COST
$17.75 per user exceeding the 8 ,000-user
threshold
$3,000.00
$1,500.00
$6 ,000.00
$3,000.00
$2,000.00
$3,000.00
$2,000.00
$3,000.00
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CONTRACTOR shall submit annual invoices referencing the provided contract number, either
electronically or via mail, in triplicate to the County of Fresno, Internal Services Department, Attention :
Business Office, 333 W. Pontiac Way, Clovis, CA 93612, isdbusinessoffice@fresnocountyca .gov.
E. Total Compensation Amounts
In no event shall compensation paid for services performed under this Agreement exceed
$1,133,000.00 during the entire potential five-year term of this Agreement. All amounts previously paid
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1 to CONTRACTOR under the Purchasing Agreement are included in this total not to exceed amount. It
2 is understood that all expenses incidental to CONTRACTOR's performance of services under this
3 Agreement shall be borne by CONTRACTOR. COUNTY shall pay CONTRACTOR within forty-five
4 (45) days of receipt of an approved invoice."
5 2. Exhibit B is deleted in its entirety, and replaced with the updated Exhibit B, attached to
6 this First Amendment and incorporated by this reference.
7 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
8 Agreement, and that upon execution of this First Amendment, the Agreement and this First
9 Amendment together shall be considered "the Agreement."
10 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
11 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
12 in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
3 CONTRACTOR
6 .J()h,\"'1 ~ s C<->I""
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Print Name & Title
FOR ACCOUNTING USE ONLY:
18 Fund: 1020
19 Subclass : 10000
20 ORG: 8905
21 Account: 7309
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COUNTY OF FRESNO
~ ¥ /L_ ~ ~ rne st Buddy Mendes,hairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _SLJ._SQ,y,._~~~-sb~, ~cf?+------
Deputy
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Exhibit B -Pricing
19-464 CURRENT COMPENSATION
Item Description Vl V2 V3 V4 vs TOTAL
5/15/18 -5/14/19 5/15/19 -5/14/20 5/15/20 -5/14/21 5/15/21-5/14/22 5/15/22 -5/14/23
Insight $42,104.38 $43,030.68 $43,820.35 $47,441.10 $49,813.16 $226,209.67
Perform N/A $63,890.92 $98,734.65 $103,671.38 $108,854.95 $375,151.90
Perform -Setup/Training N/A $6,500.00 $0.00 $0.00 $0.00 $6,500.00
Employee Integration -Annual
N/A $2,038.36 $3,000.00 $3,000.00 $3,000.00 $11,038.36 license
Employee Integration -Setup N/A $6,000.00 $0.00 $0.00 $0.00 $6,000.00
Additional Products/Services N/A $12,500.00 $12,500.00 $12,500.00 $12,500.00 $50,000.00
TOTAL $42,104.38 $133,959.96 $158,055.00 $166,612.48 $174,168.11 $674,899.93
19-464 FIRST AMENDMENT COMPENSATION
Vl V2 Y3 V4 vs ADDITIONAL PRODUCTS & SERVICES
One Full Year (50%
first Vear
Item Description One Full Year Prorated Amount TOTAL Costs 5/15/18 -5/14/19 5/15/19 -5/14/20 (9/1/20 -8/31/21)
Discount)
(9/1/22-5/14/23)
Item Description
(9/1/20-
(9/1/21-8/31/22} 8/31/21)
ONBOARD -Saas Subscription Fee N/A N/A $54,361.00 $27,181.00 $38,127.00 $119,669.00
New Hire Integration -Flat File $3,000.00
(SETUP)
ON BOARD -Non-Recurring
N/A N/A $0.00 $0.00 $0.00 $0.00
New Hire Integration -Flat File
$1,500.00 Professional Service Fees {ANNUAL)
LEARN -Saas Subscription Fee N/A N/A $124,254.00 $62,127.00 $87,148.00 $273,529.00
LE -Course Management
$2,000.00
Integration (SETUP)
LEARN -Non-Recurring
N/A N/A $7,500.00 $0.00 $0.00 $7,500.00 LE -Course Management $3,000.00
Professional Service Fees -SETUP Integration (ANNUAL)
LEARN -Non-Recurring
Professional Service Fees -N/A N/A $5,000.00 $0.00 $0.00 $5,000.00 LE -Course File Integration (SETUP) $2,000.00
TRAINING
TOTAL $0.00 $0.00 $191,115.00 $89,308.00 $125,275.00 $405,698.00
LE -Course File Integration $3,000.00
(ANNUAL)
GRAND TOTAL $42,104.38 $133,959.96 $349,170.00 $255,920.48 $299,443.11 $1,080,597.93 TOTAL $14,500.00
COMPENSATION SUMMARY
TOTAL COSTS PAID BY CARES ACT
$205,61S.OO FUNDING:
Onboard + Learn: $405,698.00
Increased Amounts to Additional
$52,412.07 Products & Services:
New Amended Amount: $458,110.07
Original Amount: $674,889.93
Original Amount
$1,133,000.00 + New Amended Amount: