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Item 4Fcity of �N_ouintaKe, t exas MEMORANDUM May 29, 2007 TO: Shana Yelverton, City Manager FROM: Kevin Hugman, Director of Human Resources SUBJECT: Approve an interlocal agreement with North Central Texas Council of Governments ( NCTCOG) for cooperative purchasing for on -line recruiting. Action Requested: City Council consider approval of 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: NCTCOG has contracted with Monster to provide on -line recruiting services to cities, counties, school districts and other governmental entities at significantly discounted rates. We have used Monster in the past for certain hard to fill positions at a cost of approximately $360 per position. Utilizing this cooperative agreement will reduce that cost by two - thirds and allow us to expand our use of this popular job search tool. 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; • pre - screening and ranking of eligible applicants; • letter manager to assist with notifications to applicants. With the changing demographics and technical capabilities of job applicants today, this resource will provide the City with additional tools to recruit talent in today's competitive marketplace. In addition, with the implementation of the city's new HR Information Systems software (scheduled to go live January 1, 2008), we will have much more capability for on -line application and electronic processing of applicants. Using Monster will add to this capability. This agreement is for the remainder of the fiscal year only — an agreement for FY 2008 will be furnished by NCTCOG once rates have been negotiated with Monster for the next year. Based on historic trends and anticipated vacancies, we estimate approximately 10 positions for which this advertising would be appropriate. This would result in a committed cost to the city of $1,200. Financial Considerations: The commitment of 10 postings will result in a cost of $1,200 this fiscal year. Funds are available in the department's allocated budget for recruiting and advertising. Shana Yelverton, City Manager May 29, 2007 Page 2 Citizen Input/ Board Review: N /A. Legal Review: A copy of the agreement has been provided to the City Attorney for review. Alternatives: Changes as may be desired by City Council. Supporting Documents: Interlocal Agreement for cooperative purchasing for on -line recruiting Staff Recommendation: City Council approve an interlocal agreement with NCTCOG for cooperative purchasing for on -line recruiting for fiscal year 2007. Staff Contact: Kevin Hugman, Director of Human Resources (817 -748 -8193) INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR ON -LINE RECRUITING THIS INTERLOCAL AGREEMENT ( "Agreement "), made and entered into pursuant to the Texas Interlocal 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, hereinafter referred to as "Participant," having its principal place of business at 1400 Main Street, Southlake, Texas 76092. WITNESSETH WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 39t, 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 under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on * (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision ofthe State 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 state), 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: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with al I applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, 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: BILLINGS Quarterly billings will be generated for the Internet Based Interactive Job Posting & Search Service /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 amounts payable are due within ten (10) business days from invoice date. ARTICLE 5: PAYMENTS Upon delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly, and in any case 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 services 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 of NCTCOG. (over) ARTICLE 6: CHANGES 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 Program to be performed hereunder. ARTICLE 7: TERMINATION PROCEDURES 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. ARTICLE S: SEVERABILITY 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: FORCE MAJEURE 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 maj eure shall rest solely with NCTCOG. ARTICLE 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 law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required fields NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate v rev. 10105 Name of Participant (local government, agency, or non - profit corporation) Mailing Address City State ZIP Code North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 *By: Signature of Authorized Official Signature of Authorized Official Typed ]Name of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date Typed Title of Authorized Official Date Interlocal Agreement On -Line Recruiting FY 2007 ATTACHMENT A ENTITY Number of Monster RATE Number of Monster National/Diversity Resume RATE Diversity/Jo b Postings Access Licenses Southlake 10 $120 $3,784 TOTAL INVESTMENT: $ /' Zoo Quarterly billings will be generated based upon number of licenses and on -line ads for a total commitment stated above. The Participant is responsible for total committed dollars, regardless of the number of on -line ads actually placed for the period of performance All amounts payable by Customer for the Services ("Fees ") are due from Customer to the North Central Texas Council of Governments (NCTCOG) upon signature of the Interlocal 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 1/2% per month and collection charges on any Fees not paid when due. Name of Participant (local government, agency, or non-profit corporation Mailing Address City State ZIP Code *By: Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date: North Central Texas Council of Governments P.O. Box 5888, Arlington, Texas 76011 *B Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date: Please fax signed & completed form to Dana Navarrette at (817) 640 -7806.