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FORT WORTH
ADDENDUM TO AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
CAREERBUILDER GOVERNMENT SOLUTIONS, LLC.
Title of Agreement: CareerBuilder No. CT-3946359("the Agreement")
Name of Vendor: CareerBuilder Government Solutions, LLC
CSO Agreement Number: Ly Ll
Term of Agreement: October 1, 2016— September 30, 2017
Notwithstanding any language to the contrary in the attached Agreement presented by
CareerBuilder Government Solutions, LLC ("Contractor") for recruitment services
("services"), the City of Fort Worth ("City") and Contractor(collectively the "parties") hereby
stipulate by evidence of execution of this Addendum ("Addendum") below by a representative
of each party duly authorized to bind the parties hereto, that the parties hereby agree that the
provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Indemnity: To the extent the attached Agreement requires the City to indemnify or hold
Contractor or any third party harmless from damages of any kind or character, the City objects to
these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
2. Attorneys' Fees, Penalties, and Liquidated Damages: To the extent the attached Agreement
requires the City to pay attorneys' fees for any action contemplated or taken, or penalties or
liquidated damages in any amount, the 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: This 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 this Agreement shall
be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is
required to be governed by any state law other than Texas or venue in Tarrant County, the City
objects to such terms and any such terms are hereby deleted from this Agreement and shall have
no force or effect.
4. Sovereign Immunity: Nothing herein constitutes a waiver of the City's sovereign immunity.
To the extent this Agreement requires the City to waive its rights or immunities as a government
entity, such provisions are hereby deleted and shall have no force or effect.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
5. No Debt: In compliance with Article 11 § 5 of the Texas Constitution, it is understood and
agreed that all obligations of the City hereunder are subject to the availability of funds. If such
funds are not appropriated or become unavailable, the City shall have the right to terminate this
Agreement except for those portions of funds which have been appropriated prior to termination.
6. Confidential Information: The City is a government entity under the laws of the State of
Texas and all documents held or maintained by the City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that the City maintain records in
violation of the Act, the City hereby objects to such provisions and such provisions are hereby
deleted from the Agreement and shall have no force or effect.
7.Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms
herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of the City, the terms in this Addendum shall control.
8. Fiscal Funding Limitation: In the event no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for
payments due under this Agreement, then the City will immediately notify Contractor of such
occurrence and this Agreement shall be terminated 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 to the portions of annual payments herein agreed upon for which funds shall have been
appropriated.
9. Right to Audit: Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Contractor relating to City's
payments/invoicing to Contractor under this Agreement. Contractor agrees that City shall have
access during normal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions
of this section. The City shall give Contractor five (5) day advance written notice of intended
audits.
Signature Page to Follow
CFW/CareerBuilder Government Solutions,LLC Form Addendum
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Executed this the_�_day of , 20_LO
CITY OF FORT WORTH: CAREERBUILDER GOVERNMENT
SOLUTIONS,LLC.
ByYSU�an
By: Ile,.
lanis Name:t City Managger Title:
Date: (gyp (p te: 6-
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ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
By:
Guillermo (Will) Trevino
Assistant City Attorney
Contract Authorization:
M&C: Not required
Date Approved: N/A
Form 1295 Certification No.: Not required
OFFICIAL RUXQ WkP
CFW/CareerBuilder Government Solutions,LLC Form Addendum
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