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
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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:
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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