HomeMy WebLinkAboutContract 58578-A1CSC No. 58578-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 58578
This Amendment is entered into by and between the City of Fort Worth (hereafter
"City"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort
Worth, Texas, and Fulcrum Management Solutions, Inc. ("Vendor"), City and Vendor may be
referred to individually as a Parry and collectively as the Parties.
WHEREAS, on November 29, 2022, the Parties entered into City Secretary Contract
_58578_ to provide software subscription services ("Agreement/Contract");
WHEREAS, the Parties wish to amend the Agreement to modify the language
concerning limitation of liability.
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1.
AMENDMENTS
The Agreement is hereby amended to the following language:
Notwithstanding anything to the contrary in Section 6 of the "ADDENDUM TO
THOUGHTEXCHANGE SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND FULCRUM MANAGEMENT SOLUTIONS, INC." (the "Addendum"), all
exclusions or limitations of liability set forth in the ThoughtExchange Subscription Agreement
(the "Agreement") shall apply and be of full force and effect, including but not limited to the
"Limitation of Liability; Damages" (Section 9.3 of the Agreement). Nothing in the Addendum
shall be interpreted as precluding ThoughtExchange from relying on any limitation of liability set
forth in the Agreement.
2.
ALL OTHER TERMS SHALL REMAIN THE SAME,
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
3.
ELECTRONIC SIGNATURE.
This Amendment may be executed in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument. A facsimile copy
or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall
have the same effect as anoriginal.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By; Reyne es ,Sep 15, 2023 16:30 CDT)
Name: Reyne Telles
Title: Chief Communications Officer
Date: 09/15/23
APPROVAL RECOMMENDED:
By:Reyne es (Sep 15, 2023 16:30 CDT)
Name: Reyne Telles
Title: Chief Communications Officer
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Name: Jannette S. Goodall
Title: City Secretary
Fulcrum Management Solutions, Inc.
By:�
Name: Joe Baker
Title: GM Corporate
Date: 01/23/23
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
,gr
By: Michelle 1 Gutt (Jan 23, 2023 14:52 CST)
Name: Michelle Gutt
Title: Comm/Public Engagement Director
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
1295:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX