FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (Amendment) is effective as of August 6, 2024, (Effective Date) and amends the Agreement entered into by and between the City of Fresno, a California municipal corporation (City), and Fresno County Economic Opportunities Commission, a California Corporation (Service Provider). City and Service Provider are collectively referred as Parties.
RECITALS
A. Whereas, the Parties entered into an Agreement dated February 15, 2024 (the Agreement) to provide Employment Services for One Fresno Youth Jobs Corps Program Worksites; and
B. Whereas, the term of the Agreement is set to expire on August 15, 2024, for a total fee amount to not exceed $200,000; and
C. Whereas, the Parties now desire to amend the Agreement to extend the term , increase the compensation of the Agreement , and revise the Scope of Service; and
D. Whereas, by entry into this Amendment, the Service Provider agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the Parties agree that the Agreement be amended as follows:
1. Term of Agreement and Time of Performance. The Term of Agreement and Time of Performance is hereby amended to continue in full force and effect until June 30, 2025.
2. Scope of Work. The Scope of Work in the Agreement is hereby amended and replaced with Exhibit A, which is attached hereto and incorporated herein by reference.
3. Compensation. Service Provider’s sole compensation is hereby amended to not exceed $285,110; paid on the basis of the rates set forth in the schedule of fees and expenses contained in the attached Exhibit A-1.
4. Effect of Amendment. In the event of any conflict between the Agreement or any Exhibits and this Amendment, this Amendment shall control.
5. Except as otherwise provided herein, the Agreement entered into by the City and Service Provider dated February 15, 2024, remains in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the Parties have executed this Amendment on the date set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Sukhman S. Sekhon Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
Fresno County Economic Opportunities
Commission, a California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
EXHIBIT A
SCOPE OF SERVICES
Service Agreement Between City of Fresno
And Fresno County Economic Opportunities Commission
One Fresno Youth Jobs Corps Program Worksites
Fresno County Economic Opportunities Commission is to provide sufficient and meaningful work experiences to Fresno youth (“Participants”) designed to promote the development of positive work habits and specific skills required for successful participation in the workforce.
Requirements will include, but not be limited to hiring, onboarding, t raining, supervising, evaluating, and offboarding employees.
Fresno County Economic Opportunities Commission agrees to provide programming as was provided in the included Cost Proposal. Any material changes to the program as proposed must be approved in writing by the City before implementation.
Fresno County Economic Opportunities Commission is required to abide by the following terms:
1) Comply with California and Federal Child Labor Laws (maximum hours, breaks, etc.) and acknowledge the penalties for violating Federal Child Labor Laws. 2) Ensure all minors under the age of 18 have a valid Work Permit. 3) Comply with State of California training requirements on preventing sexual harassment and abusive conduct in the workplace that satisfy California’s legal training requirements pursuant to Government Code section 12950.1. 4) Assure that this agreement will enhance the number of employed individuals so as to not displace currently employed worker(s) (including partial displacement such as a reduction of hours of non-overtime work, wages or employment benefits) or impose on their promotional opportunities.
5) Provide youth with an orientation to familiarize the youth with their job duties, times/days/locations to report to work, policies, and procedures such as attendance requirements, absenteeism, tardiness, lunch, and break time, etc. hours, worksite expectations and what to do in case of an emergency by providing clear emergency and evacuation procedures.
6) Provide the youth with supervision at all times and a clear line of supervision and accountability.
7) Discuss any problems or conflicts that may arise from the youth's job performance immediately to resolve issues as they arise. Contact the City of Fresno Youth Jobs Corps staff for assistance if unable to resolve internally. 8) Cooperate fully with monitors from City of Fresno Youth Jobs Corps Program with accessibility to the worksite staff and information pertaining to worksite operation. 9) Maintain accurate timecard records, verifying hours, and ensure that timecards are signed by the youth and the supervisor prior to payment. Ensure any timecard alterations, changes or corrections are initialed by the Supervisor and the youth. (The use of White-Out is strictly prohibited).
10) Provide the youth with copies of signed timesheets and other program or work- related information as appropriate.
11) Consider the possibility of hiring the youth at the conclusion of the program, although there is no requirement to do so.
12) Provide materials and equipment necessary to perform the duties of the work assignment.
13) It is expected that youth Participants’ experiences will be in-person. Prior approval from the City will be required for telework opportunities. 14) At conclusion of work service, provide City with a completed final evaluation by the youth’s Supervisor and final program evaluation completed by the youth. 15) Maintain records and prepare monthly reports, including but not limited to the following:
• Number of youth employed in organization.
• Number of youth employed in each focus area.
• Average wage and hours worked of Participants across organization. • Number of youth employed after completion of program. • Youth anecdotal stories regarding their employment.
All Participant positions must be 50% FTE - 100%.
All Participants must be between 16-30 years of age at the time of hire. The City of Fresno will refer applicants to agencies to interview for positions. Hiring priority should be given to youth who:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system Priority applicants (meeting two of above criteria) should make up no fewer than 75% of selected Participants as per the funding specifications.
Wraparound services are available by referral through City partners for Participants in need of assistance. This can include services such as:
• transportation assistance,
• job readiness training,
• emergency housing,
• work attire assistance,
• case management, or
• other services likely to help Participants succeed in the program and/or gain employment after completion of program.
All Participants must receive a wage of $18/hr. that will be paid by the employer. In addition to participant wages, allowable expenses include uniforms for the fellows, pants, work boots, business casual attire, polo shirt, rain gear, hat, work gloves, water bottle, sunscreen, vest, office supplies, and trash grabbers.
Participants may not partake in activities that require high levels of safety precautions.
Participants may not partake in activities that require specialized training unless that training is provided. All expenditures and activities must comply with federal procurement requirements, and other state and/or federal laws and regulations.
PAYMENT: Invoices are to be submitted to the City of Fresno in order to initiate the payment process. Payments will be on a cost -reimbursement basis. Invoicing must include proof of expenses, i.e. timecards and receipts. The City retains the right to request addi tional proof of expense. Invoices shall conspicuously display the City's purchase order number and shall be submitted to:
ATTENTION:
Diane Printz-White
City of Fresno
Personnel Services Department
One Fresno Youth Jobs Corps Program
2600 Fresno St.
Fresno, CA 93721
Funds may not be used for the following reasons:
• Repayment of existing debt or pre-existing tax liens or obligations • Legal, loan, or bank fees
• Subsidization of existing contracts
• Political campaigns or lobbying
• Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated groups)
• Fundraisers or other events not open to the general public • Purchase of food or beverages
• A project or program which is clearly intended for commercial gain • A project or program that occurs before or after the grant award period • Support of individuals
• For businesses established for personal benefit or profit • To support annual fund drives
• To fund an agency’s deficit or endowment
• To repay loans
• Furniture
• Bonuses
• For the direct support of religious activities. Secular activities offered to the community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.
EXHIBIT A-1 SUMMARY
Worksite Original Budget Carry over Extension 2nd budget Total Award Fresno County Economic Opportunities Commission $200,000.00 $69,998.39 $155,099.46 $285,110.00 EXHIBIT A-1
Organization Name: Fresno County Economic Opportunities Commission Project Type: One Fresno Youth Jobs Corps Community Based Organization Worksites One Fresno Youth Jobs Corps Program
Cost Category: Personnel
Type/Title & Number to
Hire
Description Time Period Cost Breakdown Cost
Personnel Total: -
Cost Category: Supplies or Other Costs
Type Description Time Period Cost Breakdown Cost
Other Costs
Fresno Youth (ages 16-30) hired by Fresno County Economic Opportunities Commission for placement in job training and skill development programs in preparation for successful participation in the workforce. Including salary and fringe.
24 weeks
$18/hour x 37.5
hours/week x 24 weeks
+ 8.5% fringe x 10 youth
175,930.00
Other Costs Participant Supportive Services (Professional Clothing, Tools, Tablets, etc.) $588.80 x 10 youth 5,888.00
Supplies Total: 181,818.00
Cost Category: Administration (No more than 10% of total award) Type/Title Description Time Period Cost Breakdown Cost
Indirect Cost
10% De Minimis Rate (Indirect Cost is used for staffing, oversight, and processing of the particular function of the following administrative departments: Executive, Finance, Human Resources, Information and Technology, Equity and Impact, Marketing and Communications)
26 Weeks Direct Cost ($181,818 x
.10)
18,182.00
Administration Total: 18,182.00
*add additional lines if needed, please ensure calculation are correct Total Grant Amount: 200,000.00
Budget Narrative
COST PROPOSAL
Organization Name: Fresno EOC
Project Type One Fresno Youth Jobs Corps 3 Cohorts
One Fresno Youth Jobs Corps Community Based Organization Worksites Program
Cost Category: Personnel
Type/Title & Number to
Hire
Description Time Period Cost Breakdown Cost
Personnel Total: $0.00
Cost Category: Supplies or Other Costs
Type Description Time Period Cost Breakdown Cost
Other Costs
Fresno Youth (ages 16-30) hired by Fresno County Economic Opportunities Commission for placement in job trainings and skill development programs in preparation for successful participation in the workforce industry.
Including salary and fringe.
12 weeks
$18/hour x 20
hours/week x 12 weeks
+ 8.5% fringe x 10
youth
$46,872.00
Other Costs
Fresno Youth (ages 16-30) hired by Fresno County Economic Opportunities Commission for placement in job trainings and skill development programs in preparation for successful participation in the workforce industry.
Including salary and fringe.
12 Weeks
$18/hour x 20
hours/week x 12 weeks
+ 8.5% fringe x 10
youth
$46,872.00
Other Costs
Fresno Youth (ages 16-30) hired by Fresno County Economic Opportunities Commission for placement in job trainings and skill development programs in preparation for successful participation in the workforce industry.
Including salary and fringe.
12 Weeks
$18/hour x 20
hours/week x 12 weeks
+ 8.5% fringe x 10
youth
$46,872.00
Supplies Total: $140,616.00
Cost Category: Administration
Type/Title Description Time Period Cost Breakdown Cost
Indirect Cost
10.3% (Indirect cost is used for staffing, oversight, and processing of the particular function of the following administrative departments: Executive, Finance, Human Resources, Information and Technology, Equity and Impact, Marketing and communications)
12 Weeks Direct Cost ($46,872 x
.103)
$4,827.82
Indirect Cost
10.3% (Indirect cost is used for staffing, oversight, and processing of the particular function of the following administrative departments: Executive, Finance, Human Resources, Information and Technology, Equity and Impact, Marketing and communications)
12 Weeks Direct Cost ($46,872 x
.103)
$4,827.82
Indirect Cost
10.3% (Indirect cost is used for staffing, oversight, and processing of the particular function of the following administrative departments: Executive, Finance, Human Resources, Information and Technology, Equity and Impact, Marketing and communications)
12 Weeks Direct Cost ($46,872 x
.103)
$4,827.82
Administration Total: $14,483.46
*add additional lines if needed
Total Invoice Amount:
$155,099.46
Expenses