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HomeMy WebLinkAboutContract 56461-A1CSC No. 56461-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.56461, AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This First Amendment to City Secretary Contract No. 56461 ("First Amendment") is entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipality organized under the laws of the State of Texas, and SMARTACTION, LLC, a Delaware limited liability company ("Company"). WHREAS, City and Company are parties to City Secretary Contract ("CSC") No. 44768, as economic development program agreement ("Agreement"); WHEREAS, the Agreement requires Company to employ and retain at least 66 individuals before December 31, 2022 in order to meet its Employment Commitment; WHEREAS, due to ongoing labor shortages in the technology industry and other wide- spread economic challenges, Company struggled to employ the requisite number of individuals by the deadline; WHEREAS, Company and City desire to extend the deadline for Company to meet its Employment Commitment from December 31, 2022 to December 31, 2023; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 4.5.1 of the Agreement is revised to extend the deadline for completion of the Employment Commitment by one year — from December 31, 2022 to December 31, 2023 -- and reads as follows 114.5 Subject to the terms of this Agreement, to retain the Jobs Grant, Company must meet the following: 4.5.1 Company must employ and retain at least 66 Full -Time Jobs by December 31, 2023 ("Employment Commitment")." 2. All terms and conditions of the Agreement not addressed herein remain in full force and effect and are binding upon the parties. All terms in this First Amendment that are capitalized but not defined have the meanings assigned to them in the Agreement. [SIGNATURES ON THE FOLLOWING PAGE] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Economic Development Program Agreement between City of Fort Worth and SmartAction, LLC 1 of 2 IN WITNESS WHEREOF, the City and Company have caused this First Amendment to be executed and delivered by their duly authorized representatives in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: By: William Johnson (I y 26, 2023 07:14 EDT) William Johnson Assistant City Manager Date: May 26, 2023 APPROVED AS TO FORM AND LEGALITY: By: �� Tye. Tyler F. Wallach Assistant City Attorney ATTEST: By: Jannette Goodall City Secretary 4,apU�p4 FOR o pbo Pv �o°-=1�od 0 aQ C tEXA5o4p �bnuaa4'O' SMARTACTION, LLC a Delaware limited liability company By: Kyle Johnson CEO Date: May 25, 2023 M&C: 21-0383 (June 8, 2021); 23-0014 (January 10, 2023) Form 1295: 2021-721082; 2021-721082 CONTRACT COMPLIANCE MANAGER: By signing below, I hereby acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements: K� By: Kelly Baggett Innovation Coordinator OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Economic Development Program Agreement between City of Fort Worth and SmartAction, LLC 2 of 2