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Item 4DCity of Southlake, Texas MEMORANDUM February 12, 2008 TO: Shana Yelverton, City Manager FROM: Kevin Hugman, Director of Human Resources SUBJECT: Approve amendment to the interlocal agreement with North Central Texas Council of Governments ( NCTCOG) for cooperative purchasing for on -line recruiting. Action Requested: City Council consider amending an interlocal agreement with the North Central Texas Council of Governments ( NCTCOG) for cooperative purchasing for on -line recruiting for fiscal year 2007. Background Information: City Council approved an Interlocal Agreement with NCTCOG in June 2007 for cooperative purchasing of on -line recruiting advertising through Monster.com. NCTCOG's contract provides on -line recruiting services to cities, counties, school districts and other governmental entities at significantly discounted rates. NCTCOG has proposed amending the Interlocal Agreement as follows: Article 4: Billings — Billings will be generated at the time of purchase instead of quarterly. Each entity must pre - commit to a certain number of advertisements for the year. Any ads above this number will be billed separately. • Southlake will commit to ten (10) on -line job advertisements for 2008. The cost will be $170 per ad, compared to approximately $360 per ad if the City were to contract with Monster on its own (a savings of 52 %). 2. Article 7: Termination procedures — The amendment now provides for automatic renewals of the cooperative purchasing agreement. It will still be up to the City as to whether we continue each year, and if so, how many on -line ads we will commit to. We have used Monster for several positions during FY 2007, including hard to fill positions such as police officers, engineers, and other professional positions. The on -line advertising has increased awareness of our positions and we saw an increase in applications, especially for the police officer /police recruit positions. The job posting services include: • 60 -day postings on Monster.com and a variety of other sites, including minority sites and Military.com; • ability to customize questionnaires to determine applicants who meet minimum required qualifications; Shana Yelverton, City Manager Page 2 • pre - screening and ranking of eligible applicants; • letter manager to assist with notifications to applicants. Financial Considerations: The commitment of 10 postings will result in a cost of $1,700 this fiscal year. Funds are available in the department's allocated budget for recruiting and advertising. Citizen Input/ Board Review: NIA. Legal Review: The City Attorney has reviewed the amendment and interlocal agreement. Alternatives: Changes as may be desired by City Council. Supporting Documents: Amendment to the Interlocal Agreement for cooperative purchasing for on -line recruiting; and original Interlocal Agreement Staff Recommendation: City Council approve an amendment to the interlocal agreement with NCTCOG for cooperative purchasing for on -line recruiting. Staff Contact: Kevin Hugman, Director of Human Resources (817- 748 -8193) AMENDMENT to the INTERLOC FOR AGREEMENT COOPERATIVE PURCHASING FOR ON -LINE RECRUITING Article 4 is hereby amended in its entirety as follows: ARTICLE 4: BILLINGS Billings will be generated for products purchased by each Participant according to the Monster Rate Card for a total commitment of dollars as related in the Participant's contract with Monster.com. The Participant is responsible for total committed dollars, regardless of the number of on -line ads actually placed for the period of performance. Any on -line ads placed above the predetermined number shall be pre - approved by Monster.com and NCTCOG, All amounts payable are due within thirty (30) business days from invoice date and will comply with the Texas Prompt Payment Act. Article 7 is hereby amended in its entirety as follows: ARTICLE 7: TERMINATION PROCEDURES This contract will be automatically extended from year to year unless either party gives notice of intent to terminate agreement thirty days prior to the end of the current term. NCTCOG or the Participant may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Participant, including its obligation to pay NCTCOG for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Participant. By signing below, both parties hereby agree to extend the cooperative agreement for Monster on -line recruiting rate card as negotiated by NCTCOG from October 1, 2007 thru September 30 2008. * North Central Texas Council of Governments Name of Participant (local government, agency, or non-profit corporation) 616 Six Flags Drive, Arlington, Texas 76011 Mailing Address DY * Signature of Authorized Official City State ZIP Code *By; Typed Name of Authorized Official Signature of Authorized Official Typed Title of Authorized Official Date Typed Name of Authorized Official Typed Title of Authorized Official Date 06/06/2007 11:35 444444 SOUTHLAKE Hid PAGE 01'03 IN'TERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR ON -LINE RECRUITING c opl e TI"IIS INTERLOCAL AGREEMENT C' Agreement"), made and entered into pursuant to the Texas Intorlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act "), by and between the North Central Texas Council of Governments hereinafter referred to as " NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and City of Southlake, a local government, a state agency, or a non - profit corporation created and operated to provide one or more governmental functions and services, hcreinai`ter referred to as "Participant," having its principal place of business at 1400 Main Street, Southlakc, Texas 76092. WITNESSETH WH.EFtEAS, NCTCOG is a regional planning commission and political subdivision of the State o f Texas operating under Chapter 391, 'Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities tinder the Act; and WHERE AB, Particippt has rc resented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on - t _ZyDa (Date), and that it desires to contract with NCTCOG ort the tarns set forth below, NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: AR C LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG underthe Act because it is one of the following: a focal government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the Statc of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another stato), or a non - profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: AP Li AB F S NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance withal] applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. RTICLiE 3: WHOLE A RE This Agreement and any attncbments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: 111 I;l,INGS Quartcrly billings will be generated for the Internet Based Interactive Job Pasting & Search Sorvice /Career Destination Portal based upon on -line ads for a total commitment of dollars as related in Attachment A. The Participant is responsible for total committed dollars, regardless of'the number of on -line ads actually placed for the period of performance, Any on -line ads placed above the predetermined number shall be pre- approved by Monster.com and NCTCOG, All amount$ payable are duo within ten (10) business days from invoice date. ARTICLE 5 :_ PA,YMENTS Upon delivery ofsetvices purchased, and presentation of a properly documented invoice, the Participant shall promptly, and to any me within thirty (30) days, pay NCTCOG the full amount of the invoice. All payments for services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any serviecs Participant procures from NCTCOG. Payments under this Contract shall be paid solely from funds provided by local governments to NCTCOG for the specific purpose of funding activities related to this Contact. Except as provided above, there shall be no obligation whatsoever to pay for performance of this Contract from the monies ofNCTCOO. Di % (aver) 06/06/2007 11 :35 444444 SOUTHLAKE HR PAGE 02/03 G AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative purchasing l?rograrn to be performed hereunder, A'; XCLE 7; TERMINATION P_RQCEDUItIyS NCTCOG or the Participant may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Participant, including its obligation to pay NCTCOG for all costs incurred under this Agreement prior to such notice shall survive such cancel lation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Patticipant. ARTICLE : gK YEF ILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 9: EQRCE N,A F IJRE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war. insurrection, accident, order of any court, aCt of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with NCTCOG. AR 1CLE 10• VENUE Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. Disputes between procuring party and Vendor are to be resolved in accord with the lawn and venue rules of the State of purchase. THIS TNSTRUMENT RA,S BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *I�crrotes raquiredJlelds NOTE. T*acsimile CM '; o thfe document shall not be accep table as DRl , d.N4,1,S Interstate v I rev. 10/05 Name of Partiei pant (localgavernmenr, Wncy. cr norrp %Jl1 eorporajjon) Mailin drecs * H/1 (oD q 2 City _ _ State ZIP Code ' r Slgrra turcof ut leis! Typed Name of Authari=d Offl ASS isu w- iypW T itle of Authorized O frcial tc North Central! To= Council of Governments 616 Six Flamm Drive, Arlington, Texos 76011 *13y Signature of Aettltorimul Official * Y C- � 1 — Typed Name of Authorized officint *�k1r- Qq Y�<AN Typed Tide of Authorized Ofl4clal pate MIM 06/06/2007 11:35 444444 SOUTHLAKE HR Interiocal ,Agreement On-Line Recruiting FY 2007 ATTACHMENT ,A, PAGE 03/03 E T X Number of Monster RAT Number of Monster Nast_3ta_tinal/Aivershx.Rimume AiversYty /Jab Pov 'n s Appows Licenses Sonthlake 10 $120 ,_ o � $3,780 TOTAL INVESTMENT: S / Z _. Quarterly billings will be generated based upon number of licenses and on -line ads for a total commitment stated above, The Participant is responsible fortotal committed dollars, regardless of the number of on -line ads actually placed for the period of performance Ail amounts payable by Customer forthe Services (" .Fees'°) arc due from Customer to the North Central Texas Council of Governments (NCTCOG) upwi signature of the Interloeal Agreement. If Customer does not pay NCTCOG immediately upon quarterly due date, Customer agrees that Monster may (i) collect the Fees due directly from Customer and (ii) Monster may, at its option, charge Customer interest of 1 112a1e per month end collection charges on any Fees not paid when due. W C .` 4 of so _ V1 i pt1 (I , gn _ q y r ! cgrporalldn Named ci ttt Deal vrrnmen4 gene , or non -pr aiing reaa City state ZIP Code *g Si(tnaturc are �ci11 �.Ilvm Z64a Typcd Nofic of �Athori=l Officint AsZ; i 3+gvN ` Ct � j Typed Title of Authorized Offieiai ]T ate: North Central Texas Council of Govemmentr P.O. Box 5888, Arlington, Tcxas 76011 * By: X� Sig arum of Authorized Official - Q, Typed Name of Authorized Official Typed'r'do of Authorized Official Date: �OL(Qt &� Please fax signed & completed form to Dana Navalrrette at (5117) 640 -7$06.