HomeMy WebLinkAboutContract 52229-AD1 CITY SECRETARY
CONTRACTNO. 5a�da`t'f'CIJ
ADDENDUM TO BOOMI, INC. ORDER FORM
BETWEEN
THE CITY OF FORT WORTH
AND
BOOMI, INC.
This Addendum to Boomi, Inc. Order Form("Addendum") is entered into by and between
Boomi, Inc. ("Seller") and the City of Fort Worth ("City"), collectively the "parties", for the
purchase of Boomi Oracle Taleo Migration Managed Services.
The Contract documents shall include the following:
1. The Boomi, Inc. Order Form; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Boomi, Inc. Order Form (the
"Agreement"), the Parties hereby stipulate by evidence of execution of this 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. Price. For clarification, pricing, as detailed in the Order Form, includes a one-time
Professional Services Oracle/Taleo Migration Fee of $6,000, plus an annual Oracle/Taleo
Migration Managed Services of$10,000 a year (with a three (3) year total of$30,000).
2. Fiscal FundingOut. In the event no funds or insufficient funds are appropriated by
City in any fiscal period for any payments due hereunder,City will notify Seller 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.
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. Indemnity. To the extent the Agreement requires City to indemnify or hold Seller
or any third party harmless from damages of any kind or character,City objects to these terms and
any such terms shall have no force or effect.
_"FOCPAL RECORD
Addendum to Boomi,Inc.Order Fonn r OR,e_f yI
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 shall have no force
or effect.
8. 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 City, the terms in this Addendum shall control.
9. Immigration Nationality Act. City actively supports the Immigration&Nationality
Act(INA)which includes provisions addressing employment eligibility, employment verification,
and nondiscrimination. During the term of this agreement, Seller will use appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to
perform such services.
10. No Boycott of Israel. Seller 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, Seller certifies that Seller's
signature provides written verification to City that Seller: (1) does not boycott Israel; and(2) will
not boycott Israel during the term of the Agreement.
11. Term. The Agreement shall become effective upon the signing of the Agreement
(the "Effective Date") and shall expire three (3)years after the Effective (the "Expiration Date"),
unless terminated earlier in accordance with the provisions of the Agreement or otherwise
extended by the parties. The Agreement may be renewed for two(2) additional one-year terms at
City's option, each a"Renewal Term." City shall provide Seller with written notice of its intent
to renew at least thirty (30) days prior to the end of each term.
(signature page follows)
Addendum to Boomi,Inc.Order Fonn Page 2 of 3
Executed this the*�,L day of 12019.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: performance and reporting requirements.
Name: Su&an-A4eais llei;,
Title: Assistant City Manager
%v
Dater Zol9 By: .� (S
ame. steveLs4eiffZrt
Approval Recommended: Title: Assistant Director,IT Solutions
Approved as to Form and Legality:
By:
Name:
Title: By:
.= =a ;, ame: John B. Stro
Attest: ��� F R r Title: Assistant eity Attorney
tntract Ap rization:
�C:
By:
Anle: Va a set �F
'Title: Secretary
SELLER:
Boomi,Inc. �J
gy: -'' /ram'
Name: Christopher Port
Title: Coo
Date: 4/11/19
OFFICIAL RECORD
p CITY SECRETARY
Addendum to Boomi,Inc.Order Form FT. WUUTP,=3