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HomeMy WebLinkAboutContract 51281 CITY SECRETARY COAJTFtP.CT NO. -_ s CAREERS 1N GOVERNMENT Nathan: As requested, below is the letter agreement for the Careers In Government Unlimited Annual Membership and Diversity Boost campaign with Fort Worth, Texas. Unlimited Annual Proposal: There will not be a rate increase in Careers In Government ("CIG") Unlimited Annual Membership for the City of Ft. Worth ("City") and the marketing of recruitments by CIG for City's estimated 500 annual full time job positions. The rate for CIG's Unlimited Annual Membership will be $4,995. The City will also be utilizing CIG's Diversity Marketing services for an additional fee of $1,750. The total cost for both services is $6,745. Additionally, CIG will offer City the following at no additional cost: • Advertise City positions across all our social media platforms. (Linkedln, Twitter, Google+ and Facebook) where we reach more than 14-million job seekers per month. • City will have full control to manage its vacancies, listings, ability to search our resume database, create screening questionnaires, and more. • City will have unlimited sub accounts where you can have as many users as you want accessing the account with varying degrees of permissions • Most importantly, this annual membership is based on an average of 500 job postings, but if City decides to list more, there would be no additional cost. This allows City to post ALL its vacancies, including temporary, seasonal, entry-level and interim jobs. OFFICIAL REJ CITY SECRE �9gyT/' FT.WORTH To reconfirm: CIG will be charging City a one time charge of $6,745.00 for CIG's Unlimited Annual contract and for its Diversity Services which will begin on September 9th 2018 and ending on September 8th 2019. Miscellaneous Provisions: The following additional provisions govern this Letter Agreement and CIG's standard terms and conditions (the "Agreement). 1. Termination. a. Convenience. City may terminate the Agreement at any time and for any reason by providing CIG with 30 days written notice of termination. b. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify CIG of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. c. Duties and Obligations of the Parties. Upon termination of the Agreement for any reason, CIG shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event CIG has received access to City information or data as a requirement to perform services hereunder, CIG shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 2. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 5. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the liability of CIG or requires City to indemnify or hold CIG or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 6. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 7. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify CIG. It will be the responsibility of CIG to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 8. Immigration Nationality Act. CIG shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, CIG shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CIG shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CIG employee who is not legally eligible to perform such services. CIG SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CIG, CIG'S EMPLOYEES, SUBCIGS, AGENTS, OR LICENSEES. City, upon written notice to CIG, shall have the right to immediately terminate this Agreement for violations of this provision by CIG. 9. No Boycott of Israel. CIG acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, CIG certifies that CIG's signature provides written verification to City that CIG: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 10. Right to Audit. CIG agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of CIG involving transactions relating to the Agreement. CIG agrees that City shall have access during normal working hours to all necessary CIG facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give CIG reasonable advance notice of intended audits. Executed this the day ofW, r k- :20Su Alanis MichaelAssistant City Manager Presiders City of Fort Worth Careers In Government (CIG) APPROVED AS TO FORM AND LEGALITY: By: ZSSS Name: Thomas. R. Hansen FOR rpey T Title: Assistant City Atto0it �L ATTES By. i '*. Nam ary Title: City S letary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this,'b-ontract, including ensuring all performance and porting requirements. fr. Nathan Grego!y/ s Name of Employee/Signature Assistant HR Director Title Contract Authorization: M&C: Not required Date Approved: N/A Form 1295 Certification No.: Not required OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX