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HomeMy WebLinkAboutContract 50767 r 7 � CITY '�I 1�1��\7�G/�//RETAR ' CONTRACT NO.1� ADDENDUM TO CONTINUING EDUCATION PROGRAM AGREEMENT BETWEEN THE CITY OF FOR"I' WORTII AND CAREER STEP, LLC This Addendum to Condnaiag Fiducwion Progeam. AWeerneni ("Addcxidum")is emered into by and between the Career Stcp, LLC ("Seller"') and the city of Fort Worth ("City"� collectively the"Parties',for it purchase ase of licaLm. The Contract documents shall include the following: 1 The Continuing FAucation Program Agreement;and 2. This Addendum. Notwithstanding any language to the conttary in the attached Continuing Education Pr tagmm Agreement{the"Agmemeof'I the Patties hacby stipulate by evidimcc of cxccution of thi c. Dutics and t'3bliad ,eau af the Parties. In the cvc-nt dist the Agreement is terminated prior to tate htpiratirm fate, City shalt pay Seller for services actually rcndered up to the cffective date of termination and Seller shall continue to provide(3ty with services nxpested by City and in accordance with thea Agreement up to the Motive date of tetminali m. Upon termination of the Agreement for any reason, Seller shall provide City with copies of all completed or partially completed documents prepared under the Agrmntnt_ In the event Seller has served access to City infomtaticm or data as a raquirc mem to perform servicm hereunder, Seller shall return all City provided data to City in a machine readable format or other format deemed acceptable to Oty 3. Atwrncvs' Fees. Penalticx; and Lietuidated Dames. To the extent the attached Agreement.rrquires City to pay Wlorncye fees for any auction contemplated or taken.or penalties or liquidatud damages in any amount, City objects to rhes; teams and tiny such tom elle bachy dcic wd from the Agreement and shall have no force or effect. 4 Law and_Venue. "blit Agreement and the nights and obligations of the parties hereto shall be Sovctned by, and wnsttvod in accordant with the laws of the United States and staff of Texas,, exclusive of conflicts of laws provisicats_ Venue for any suit brought under the Ayacment shall be in a wurt of competent jurisdiction in Tarrant County,Texas.. To the exteni the Agreement is n quired to be goverocid by any state haw other than Texas or venue in Tarrant Coaaty, City objects to such terms and any such tams am hereby deleted from the Agreement and shat I have no force or effect S. matin Im unity, Nothing herein constibitcs a waiver of C'ity's sovcrciga immitaity To the extent the Agreement roquires City to waive itb rights or immunities as a government entity.such provisions are hereby dcicted and shat l have no foroe or effect_ 6. Indemnity To the extern the Agreement requires City to indemnify or hold Seller or any third party harmless frcam damages of any kind or characta,Cutty objects to these te=ns and any such terms are hereby dcicted from the Agreement and shalt have no farce or ellimt. 7. No Debt. In compliance with Article 11 § S of the Texas Constitution, it is understood and agreed that all obligations of City hertunder are subject to the aysilabilit}r of fug. if such funds arc not appropriated or bocomc unavailable, City shall have the right to tcnniEnatc the Agreement except for those portions of fiords which have bccn appropriated prior to termination. 8. CQnhdcnti&l inform i n. City is a goveramcnt entity under the laws of the State ofTexasc and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the cxwnt the Agreement requirvs that City maintain r—rds in violation of the Act, City* hereby objects to such provisions and such provisions are hereby deleted from the A,gnminent and shall have no force or cdfcxx. In the event there is a request for information marker! Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit mons objecting to di3dosure. A determination ou whether Addao&m w Qw inuw&lAurcatian ti`ra�m Alp v-mKW 2 cyf I such reasons arc sufficient will non be d4;6dcd by City, but by the AlTece of the Au ne y Gencrel of the State of Texas or by a court ofawnpewnt jurisdiction. tion. 9. Addendum ComtroUirtu If any provisions or the attached Anent, conflict with the terms herein, are proln`bitad by appiicabic law, conflict with any appiicablc tuic. regulatinn or ordinance of City, the terms in this Addendum shall c ontr& 10. Imminretion Nationality Act City actively supports the Immigration Nationality Act(INA)which includes provisions addressing employment nt eligibility,employment vetifcation,and nondiscrimination_ Seller shall voify tic idcattita• and employment eligibility of all empluyem who perform wotic under the AVvernent Sellcr shall complete the Employment Eligibility Verification Form(1-9X maintain photocopies,orall supporting employment eligibility and identity documentation for all employees, and upon toqucat, provide City with Bios of all 19 forms and supporting eligibility documentation for each employcc who performs work under the Agmme nt. Seller shall establish appropriate procedures and controls so that no services will be performed,by any employee who is not Legally eligible to perform aecb services. Seller shaU provide City with a =tific atien letter that it has eompliod with the verification requiranemts required by the Agrccatcnt Seller shall indemnify City From any penalties or liabilifm flue to violations of this provision.City shall have the tight to immediately terminate the Agre mcni for rioWuns of this provision by Seller 11 Net Boycott of Israel Seller acknowledges that in accordance with Chapter 2270 of the Texas Govemment Code, City is prohibited from entering into a contract with a company for goods or=r=im unless the contract contains a written verification from the company that it: (1) does not boyoott Israel; and (2) will not boycott lamd during the; term of the contract The terms"boyco t Israel"and"company" shall have the meanings ascrrlwd to those terms in Section 808.001 of the Texas Goverment Code. Ao} sign ft blur Adld endurm Seger^rte s than Seller's siffl m e pvysdet wralon wertfictttfm to City that Saler.- (1) Maes not beaycort Israel, and(2) will nrtt boyarxi ivrel clnriV the term of the Agmenwat. 12 Rittht to Audit. Seller agrees that City shall, until the expiration of three(3)yes after final payment under the Agro meet, have access to and the right to examine any dirmily pertinent books, documents, papers and records of Seller involving trarnaactions relating to the Agent Seller agrees that City shall have access during normal wuddng hours to all necessa y ScUcr facilities and shall bey provided adequate and aplZropriale workspace in order to conduct audits in complianoe:with the provisions of this section. (Sty shall give;Seller reasonable a&w=notice of intended audits. (signature paW follows) Aelmcle=to Commu*I-Aucam Pragnuu Avvea ml Pngr 3 of 4 Fxccutedthis the Lb�kNday Of m �2018. CITY: City of Fort Worth CantYna Compltuue Mager• By sigasng l vrleluC lhtet t am the petwn responsibic for the ma6toring and adminisstmtion of this comsat,incl"V&cnsuring all paftxma= t3Y and reporting tt,wu mads, Na=: Valerie WaA ingtan Tisk: Assiant City Ma=Wr Date: N : Approval Reemmended: 11 . / C MS Approved ax to Form and t. p ity H Sir Attest. T e. Acastanr .etw tlucxcs�y Commet Ass ri aat$aa: %I&C: BY: : c: Mary Kayne .T� Title- tits° S.:t se SELLER: rf C:arcer St ,LLC I3> Z, -i�udson Smith "fide: Vice Presidem D21c- Z7 LOPPIOAL RWC®RD ECRITARY WOWN,Tx .'.c&;c d=to Comiaum" l Aucstum N4,11 urm Pap 4 �1