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HomeMy WebLinkAbout05605 - GOVERNMENTJOBS.COM INC DBA NEOGOV INSIGHT HIRING MGMT SOFTWARE xsuyapeea vnllne rage A oS L I Purchase O r PO Printed Date: iv05rz0o8 PAYMENT COPY 04 nL s°T, 12 Approved for full payment CITY OF PALM SPRINGS ❑ Close PO-unentsumbsr .� Procurement&Contracting Division •nln AlGntme 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 - �A+.iv6e-1'j� Noma: Date V P1232 00001232 Purchase Order E GovernmenWobs.Com,Inc Number N 222 N.Sepulveda Blvd.,Suite 2000 PO Dale: 12l042008 09-0518 : 0 O El Segundo,CA 90245 Buyer: Mari Lynn Boswell 0 US Phone M (760)323-8237 R ALL PACKING SLIPS, FOB: F.O.B.,Destination INVOICES AND Terms: Net 30 CORRESPONDENCE MUST REFERENCE THIS NUMBER- S e H 11600-HUMAN RESOURCES I Accounts Payable I HMRSi -Human Resources L PO BOX 2743 P 3200 F.Tahquitz Canyon Way L PALM SPRINGS,CA 92263 Palm Springs,CA 92262 US T US T 0 0 Department Bid Number Requisition Delivery Date Number 11600-HUMAN RESOURCES 11600-09-01360 Days ARO Item Class-Item Bid Req Line quantity Unit Unit Total Item# Item# Price 1 (952 - 58) INSIGHT ENTERPRISE USER 11600-09-01360-1 1.0 EA-Each $6,400.00 $6.400.00 LICENSE FOR THE PERIOD FROM 12/1/2008 THROUGH 1 2/1 112 0 09. , GOVERNMENT-JOBS-COM) 2 (952 - 58)GOVERNMENTJOBS-COM 11600-0"1360-2 1.0 EA-Each $1.560-00 $1,560-00 UNLIMITED JOB POSTING LICENSE 3 AUTHORIZATION:AS PER SERVICE - AGREEMENT DATED 12112107 AND APPROVED BY THE CITY MANAGER- FYI Account Code Dollar Amouht 9 1 1160 43805 ' $7,960,00 Subtotal $7.960.00 Tax $0-00 Freight $0.00 Discount SO-00 Total $7,960-00 h ://wwwl. alms rin -ca- v ? — &r... 12/5/2008 6' Service Agreement q T SON-LINE SERVICES AGREEMENT (this "Agreement") is made and entered into this / day of _ 2007, by and between Governmentdobs.com, Inc., a California corporation (d/b/a "NEOGOV"), and the city of Palm Springs 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 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. 2. Additional NEOGOV Responsibilities.In connection with the performance ofthis Agreement,NEOGOV shall be responsible for the followhtb: (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) 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 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 ofall 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 object code)other than the right to receive Services as expressly provided herein. NFOGOV shall retain all ownership in the intellectual property and all other proprietary ridlrts 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 slid 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 lobos. 5. NEOGOV Representations and Warranties. (a) Scr ice 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 1S"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 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. (c) Disclaimer of Actions Caused by and/or Cinder 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 NO I'OCCUR. ACCORDINGLY,NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS- G. 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 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,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 Information")and trade secrets.In recognition of the 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 strictly confidential and wholly owned by such ether 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 California, 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 parry'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 Elie other pary's trade secrets at any time 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 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:(!)that NEOGOV has no proprietary,financial,or other interest 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 MAI{E ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY,EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTA131LITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO TEIE 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 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)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 PLUMS 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 hercofand 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 ar 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,NFOGOV 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 darabase will be specific to the Customer's data and will not be representative of the proprietary NEOGOV database. 10. Pavments. (a)Initial Term. See Exhibit B (Order Form). (b)Renewal Term(s). For each Renewal Term,NFOGOV 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. Ifthere 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;(h)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 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. PiLLybacic Clause, It is understood and agreed by Customer and NEOGOV that any 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 new governmental entity and NEOGOV. It is also hereby mutually understnod and agreed that Customer is not a legally bound party to any contractual agreement made between NEOGOV and any entity other than Cusbiner. 13, 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 ofthe State of California,withootgiving 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, Not To Exceed $ �5 � 16 13, Customer CITY OF PALM SPRINGS Without The Express Written Authorization Of The City Manager. By: Name; DAVIDH. READY sq., Ph.LY I �F� AppROVEDASTOFQRAk Title: CITY MANAGER v �� GovernmentJobs.com,Inc., a California corporation By- Title' i7 yfJ�l/E Ey, , Name: Title: Date: • • Order Form N EOGO m EXHIBIT A—ORDER FORM Customer: Bill To: City ofPLim S rats City ofPahn Springs Sue Mills-Human Resources Sue Mills-Human Resources 3200 E Taltnui_tz Canyon Way 3200 F Tahquitz Canyon Way Paint Springs,-CA 92262 Palm Springs, CA 92262 Quote Date. 9/6/07 Revision: 1 Valid From: 9/6/07 Valid To: 10/15/07 Order Number: RE quested Service Date: 'M Initial Term: 12 Months Order Sunimary ,Sl. 'rl, ., . � , � �,, ',✓ � Annual Non-',' , Recurring Recnrrint Line "" 1)escri tion�' Cast Cost 1.0 Insight Ente rise Edition 1.1 Subscri rion License $6,400.00 1.2 Provisioning 5 000,00 1.3 Training 2500.00 1.4 Government7obs.com Subscription(20%Discount '1$ ,56o.00 Sub Total: $7 960.00 $7 500.00 Order Total:. J15460.00' tMore detailed descriptions of the services are contained in the order detail for each service,which are incorporated herein and made a part hereof by this reference. NEOGOV, Inc. Proprietary and Confidential Page 5 of 8 Order Form NEOG 0)rJi"m 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 job application • Acceptjob applications online • Online applications integration with current agency website • Online job announcements and descriptions • Automatic online 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 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 " Cost of the scanner is not included unless listed on Exhibit A—ORDER FORM Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A —ORDER FORM NEOGOV, Inc. Proprietary and Confidential Page 6 of a Order Form NEOGOV Additionally, during the term of the subscription, the Customer will be provided: Unlimited Customer Support(9.00 AM —9:00 PM PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday— Friday, 9:00 AM — 9:00 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 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 eight hours 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. 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 GovernmentJobs.com, Inc. (d/b/a NEOGOV, Inc., hereafter"NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF 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. ($6,400.00) + ($1,560.00) 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. ($2,500.00) Completion of 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 casts are to be paid to NEOGOV within thirty (30) days following the thirty day post-training period. ($2,500.00) (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of bath parties. (4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer NEOGOV, Inc. Signature: Print Name: Print Name: Title: `�� y /� e 2 Title: Date: Date: NEOGOV, Inc. 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I`u':., :)47.Qt�} ilJr NECI OV ;,Ji bz� r.Aoum,r vtj t}gs Urger r-Onn loth ily CT both i7M1"r:.cs ra .hoc Order M r" T-, will not tar, :, ,-epN'd. icjj= m T ADOd' )r)Wv, TFRivI$ 'A'D C ONur i iOi'•:S 1,eiAF:;{, f'i F) •n I�'^ �q gr c� , Bl:�'TlLiiio i �C:NT,4f;`a—. IN T.'"� . :. ;I"i`,/1::W i',Gf�,Y. I',P= NT ;-)t+:D R OtrvFOF rz ^Y"f1-U HAVE PNFAr Ti i'= SERVI""_:, rnr�. ll..'R ( IG;J "i URF d� Ot/'i IN 11Cn I` S l A 1� �a`Oi.1 I-t-V'^ K'�A� ' ill ,�-,.- .. _�..�•V�r�C:ci�"aC�Cf �.vili.iH�ll ail i':"I�u' OG 3 NEOGOV Insight Technical Overview NEOGOV's application and hardware infrastructure is one of the reasons why agencies nationwide have chosen us to provide them with workforce management software. Please find below a brief overview of our security practices followed by our responses to frequently asked technical questions. Security Overview World-Class Security Infrastructure NEOGOV provides state-of-the-art security to ensure that your data is never compromised. At NEOGOV, we know that security is crucial to you—that's why security is our top priority. We devote significant resources to continually develop our world-class security infrastructure. The result: We deliver unsurpassed security and privacy of our customers' information. When you sign up with NEOGOV, you'll enjoy the protection and peace of mind that only our world-class security infrastructure can provide. Security Measures Our security measures include the following: • Expert team of experienced, professional engineers and security specialists dedicated to round- the-clock protection of data and systems • Continuous deployment of proven, up-to-date firewall protection, SSL encryption, and other security technologies • Ongoing evaluation of emerging security developments and threats • Redundant architecture • Total commitment to a secure, scalable, private CoIIOCated system (Unlike a hosted system arrangement, NEOGOV manages all aspects of its operations.) Security Details Description Physical Security Our production equipment is collocated in the SBC Data Center in Irvine, CA. SBC is a tier 1 data center which offers the highest level of security and redundancy available. The facility provides 24-hour physical security, palm print and picture identification, redundant electrical generators, earthquake protection, fire protection, and other backup equipment designed to keep servers continually up and running. Additionally, SBC maintains dual Internet backbone connections to ensure connectivity in the event of a failure. Perimeter Defense The network perimeter is protected by multiple firewalls and monitored by intrusion detection systems—all sourced from industry-leading security vendors. In addition, NEOGOV monitors and analyzes device logs to proactively identify security threats. Data Encryption NEOGOV utilizes the strongest encryption products to protect customer data and communications, including 128-bit Verisign SSL Certification and 1024 Bit RSA public keys. The lock icon in the browser indicates that data is fully shielded from access while in transit. User Authentication Users access NEOGOV only with a valid username and password combination, which is enc ted via Security Details Description SSL while in transmission. Encrypted session tracking is used to uniquely identify each user. For added security, the session key is automatically scrambled and re-established in the background at regular intervals. Application Security Our robust application security model prevents one NEOGOV customer from accessing another's data. This security model is reapplied with every request and enforced for the entire duration of a user session. Internal Systems Security Inside of the perimeter firewalls, systems are safeguarded by network address translation, port redirection, IP masquerading, non-routable IP addressing schemes, and more. Exact details of these features are proprietary- Operating System Security NEOGOV enforces tight operating system-level security by using a minimal number of access points to all production servers. We protect all operating system accounts with strong passwords, and production servers do not share a master password database. All operating systems are maintained at each vendor's recommended patch levels for security and are hardened by disabling and/or removing any unnecessary users, protocols, and processes. Database Security Whenever possible, database access is controlled at the operating system and database connection level for additional security. Access to production databases is limited to a number of points, and production databases do not share a master Password database. Server Management Security All data entered into the NEOGOV application by a customer is owned by that customer. NEOGOV employees do not have direct access to the NEOGOV production equipment, except where necessary for system management, maintenance, monitoring, and backups. NEOGOV does not utilize any managed service providers. The NEOGOV team provides all system management, maintenance, monitoring, and backups. Reliability and Backup All networking components, firewalls, load balancers, Web servers, and application servers are configured in a redundant configuration. Customer data is stored on a primary database server that is clustered with a backup database server for redundancy. All customer data is stored on disk storage that is mirrored across different storage cabinets and controllers. All customer data, up to the last committed transaction, is automatically backed up on a nightly basis. Additionally, data is continuously backed up online in real-time using Iron Mountain's Electronic Vaulting, and it is stored in the secure off-site storage facilities. Disaster recovvy plans are in Security Details Description place Question Is all access to and from the servers encrypted? Yes, all access to and from the servers is encrypted using 128-bit SSL certificates. Do you have procedures for identifying security Yes, we have procedures for identifying security breaches? breaches. In addition to automated security detection with firewalls, intrusion detection systems, and anti-virus systems, we have also outlined manual security procedures that enforce our securi olio . Do you have standards for server& network Yes, we have standards for server and network hardening? Are these resources periodically hardening since it is the first line of defense against audited to ensure integrity? a possible intrusion. We audit our infrastructure on a regular basis to ensure that all non-essential services are shutdown and a strict access control policy is in place. All relevant security updates are applied to the system to safeguard against all known vulnerabilities. How are firewall, o/s, database, anti-virus and other Firewall and database security patches are applied security patches kept up to date? to the systems as soon as there are released by CISCO and Microsoft respectively. Anti-virus is scheduled to download the latest virus definitions on the hourly basis. How often are backups performed and are they In addition to the full nightly backups, continuous being stored off site? log shipping, mirrored disk arrays, and tape backups, NEOGOV also utilizes Iron Mountain's Electronic Vaulting which uses patented technology to continuously back up data online in real-time and vault that data offline in the East Coast off-site facility equipped with top-of-the-line security, If a catastrophic event happen to the database With Iron Mountain's Electronic Vaulting, data server and the entire server is lost, what is the backup is always up-to-date and can be recovered worst case scenario in terms of data up to the time data loss occurred within couple of recoverability? How much data will be lost in such minutes of the last transaction. If the catastrophic event? event occurs that completely destroys SBC Data Center facility in Irvine. CA, the hardware infrastructure would have to be rebuilt in a different location. Do you have procedures for disaster recovery? Yes, a disaster recovery plan and corresponding procedures are in place. The plan is reviewed and updated regularly. Therefore, it is strict company policy not to share specific information regarding security procedures. Do you have service agreement with multiple ISPs? $80 Data Center is fully switched using Cisco network gear and is engineered with redundant network and building power. The network has multiple fiber-optic connections to high-speed Internet backbones. These connections to multiple backbones offer full redundancy in case of failure. What was your uptime for the past year? NEOGOV has built redundancy into all its systems in order to minimize any system failures that could be perceived as customer outages. Last year, we have achieved 99.9% uptime level.All components of the NEOGOV system are proactively monitored and managed so that faults are detected before system outages. We realize there may occasionally be system outages due to issues beyond our control. NEOGOV has established numerous escalation procedures to notify the proper personnel in the event of any system outage and remedy any issues as quickly as possible. Since the application is managed by NEOGOV for all customers, the people who best understand the architecture, installation, and design are immediately available to resolve any issues. How do you ensure performance does not degrade NEOGOV has the capacity to scale to the largest of as you add new customers? enterprises The architecture behind the NEOGOV solution was designed to handle millions of users. We use the most scalable hardware equipment, and can scale as rapidly as our customers require. We have procedures and tools that monitor server performance, as well as load test simulations to anticipate the infrastructure needs as we add new customers. How do you ensure performance during peek We are not limited in the amount of bandwidth our times? servers can use, hence our high speed Internet connectivity. During peak times,the bandwidth is automatically bursted to the amount necessary to handle the traffic load;therefore the performance does not suffer. How do you schedule downtime for major upgrades According to the Service Level Agreement we to servers? What would our applicants see if they include as part of the Insight contract, we are tried to apply during this downtime? obligated to notify all customers at least two weeks prior to any scheduled outage. Notices are generated and sent via email to the system administrators and their backups. During the system outage, a notification page is displayed stating the system is undergoing maintenance and also states the scheduled outage times. How do you announce upgrades to your customers NEOGOV's process to announce upgrades is to before modifying functionality? generate an email outlining new system capabilities and a description on how to utilize the functionality. Customers are notified via email of the new items and the process in which to use the functionality. Beginning in Q1, 2004 we will be conducting quarterly online training sessions (included as part of the license agreement)to provide further instruction on how to utilize new features and improve our customer's overall workflow.