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HomeMy WebLinkAboutFresno Arts Council, Inc - Second Amendment to Agreement - 06.29.23VUUUJIIy. II CIIVwUpt: Iu. IDUJULUOJ SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement (Amendment) is effective as of June, 29, , 2023, (the Effective Date) and amends the Agreement entered into by and between the City of Fresno, a California municipal corporation (City), and Fresno Area Workforce Investment Corporation, a non-profit organization (Service Provider). RECITALS A. The City and Service Provider entered into an agreement dated August 10, 2022 (the Agreement) to provide Youth Development Programs for compensation not to exceed $281,550.00. B. The City and Service Provider amended the agreement to correct the Scope of Work with the First Amendment dated December 12, 2022. C. The City and Service Provider now desire to amend the Agreement and First Amendment to revise the Scope of Work and compensation therein. D. 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. Scope of Work. The Scope of Work in the Agreement is hereby amended to replace language in the Services Description to read: Fresno Area Workforce Investment Corporation (FAWIC) will provide services to 100 Program Fellows during the term of the Service Agreement 2. Schedule of Fees and Expenses. The Schedule of Fees and Expenses fee in is hereby amended to not to exceed $648,680.00, paid on the basis of the rates set forth in the schedule of fees and expenses contained in the attached Exhibit A. 3. Effect of Amendment. Except as expressly modified by this Amendment, the Agreement remains in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. 4. Except as otherwise provided herein, the Agreement entered into by the City and Service Provider, dated August 10, 2022, and First Amendment dated December 12, 2022 remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE] UUI:UOIIY.II CI IVCIUPU IL). I00004UOO IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. CITY OF FRESNO, a California municipal corporation D ic4Signed by: �B59Cn2���t�eanne A, City Manager White APPROVED AS TO FORM' ANDREW JANZ Ski �OSfa ' r�s i .Costa Date Senior Deputy City Attorney FRESNO AREA WORKFORCE INVESTMENT CORPORATION, a no oaf lowoanization l,ta.tn l5 k- ktd� a" 6/29/2023 By: Name: Dennis Montalbano Title: Board Chair (If corporation or LLC., Board Chair, p5;ptlV�.ce Pres.) By: vc� 7/9/2023 Name: Lydia Zabrycki ATTEST: Title. Secretary TODD STERMER, CMC (If corporation or LLC., CFO, City Clerk Treasurer, Secretary or Assistant Secretary) DocoSSgnod by: i�y�3 Date Attachments: 1. Exhibit A — Budget Narrative 2