Report to Mayor and City Council
Tuesday, September 03, 2019
Consent
SUBJECT:
Title
CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE SUBSCRIBER SERVICE AGREEMENT WITH THE COOPERATIVE ORGANIZATION FOR THE DEVELOPMENT OF EMPLOYEE SELECTION PROCEDURES (CODESP) FOR PROVISION OF ONLINE EMPLOYMENT SELECTION AND TESTING MATERIALS WITH INDEMNIFICATION AS REQUESTED BY VENDOR (CITY COUNCIL)
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I. SUMMARY
The City utilizes the Cooperative Organization for the Development of Employee Selection Procedures, a joint powers association ("CODESP"), to obtain online access to testing and selection materials produced by CODESP and related services, which aid the City's Human Resources Division in evaluating and selecting candidates for City employment.
The service agreement between the parties must be renewed for the City to maintain access to CODESP's materials. However, the contract sum is within the City Manager's purchasing authority, so the City Council is NOT being asked to approve renewal of the agreement. The City Council is being asked to authorize the City Manager to approve the contract with the indemnification language as requested by the vendor.
The City Attorney's policy is that, in the context of agreements for a consultant to provide services to the City, as is the case here, the consultant must indemnify the City, and the City will not indemnify the Consultant absent Council approval. Despite being informed of this policy, CODESP is requesting that the City indemnify it (CODESP is willing to indemnify the City as well, resulting in a proposed mutual indemnification provision). Agreeing to CODESP's position thus requires Council approval.
II. RECOMMENDATION
Recommendation
TAKE the following action:
1. AUTHORIZE the City Manager to execute the Subscriber Service Agreement with the indemnification language as requested by the vendor.
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III. ALTERNATIVES
TAKE another action deemed appropriate by the City Council.
IV. BACKGROUND
The City h...
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