HomeMy WebLinkAboutAgreement A-22-546 Second Amendment to Agreement.pdf Agreement No. 22-546
1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated
3 November 29, 2022 and is between Fresno County Economic Opportunities Commission, a
4 California non-profit corporation, ("Contractor"), and the County of Fresno, a political subdivision
5 of the State of California ("County").
6 Recitals
7 A. On March 20, 2018, the County and the Contractor entered into County agreement
8 number 18-117 ("Agreement"), for the Contractor to provide its Valley Apprenticeship
9 Connections ("VAC") program, a construction apprenticeship program with an evidence-based
10 curriculum and approach, to eligible adult offenders with severe barriers to employment under
11 the supervision of County's Probation Department.
12 B. On August 6, 2019, the County and the Contractor entered into Amendment No. 1 to the
13 Agreement, to add language allowing for adjustment of the line-item budget of up to 10% of the
14 annual maximum compensation, with approval of the Chief Probation Officer and the
15 Contractor.
16 C. Contractor is willing to provide an additional 25 slots for eligible adult offenders
17 supervised by County's Probation Department, to enroll in Contractor's VAC construction
18 apprenticeship program.
19 D. The County has been awarded funds under the Edward Byrne Justice Assistant Grant
20 ("JAG"), awarded by Board of State and Community Corrections ("BSCC"), which provides
21 funds to assist with re-entry employment readiness services for male and female offenders aged
22 18-30 years of age, with gang or prior gang affiliation, and with a high risk to re-offend.
23 E. The County and the Contractor desire to further amend the Agreement to include 25
24 additional participants in the VAC program, to be funded using JAG funds, with no change in
25 term of the Agreement.
26 The parties therefore agree as follows:
27 1. The Scope of Work, attached as Exhibit A to the Agreement, is deleted in its entirety,
28 and replaced with a new Exhibit A, attached to this Amendment No. 2.
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1 2. Paragraph 2 of Section 5 of the Agreement, located at page 3, lines 3-6, is deleted in its
2 entirety, and replaced with the following:
3 "Under no circumstances shall payments for compensation made by the County
4 to Contractor under this Agreement exceed $264,000 annually for years one
5 through four of the Agreement term. The annual maximum compensation amount
6 for year five of the term of the Agreement, which includes $69,000 allocated from
7 the Edward Byrne Memorial Justice Assistance Grant ("JAG"), shall not exceed
8 $333,000. The maximum compensation amount payable by the County to the
9 Contractor under this Agreement for the potential five year term shall not exceed
10 $1,389,000.
11 Contractor shall submit monthly invoices detailing the expenses of the 25
12 additional JAG participants separately from the expenses of the other adult
13 offenders under the supervision of the Fresno County Probation Department."
14 3. Exhibit B to the Agreement is now updated to include an additional page, titled Exhibit B-
15 1, attached to this Amendment No. 2.
16 4. When both parties have signed this Amendment No. 2, the Agreement, Amendment No.
17 1, and this Amendment No. 2 together constitute the Agreement.
18 5. The Contractor represents and warrants to the County that:
19 a. The Contractor is duly authorized and empowered to sign and perform its obligations
20 under this Amendment No. 2.
21 b. The individual signing this Amendment No. 2 on behalf of the Contractor is duly
22 authorized to do so and his or her signature on this Amendment No. 2 legally binds
23 the Contractor to the terms of this Amendment No. 2.
24 6. The parties agree that this Amendment No. 2 may be executed by electronic signature
25 as provided in this section.
26 a. An "electronic signature" means any symbol or process intended by an individual
27 signing this Amendment No. 2 to represent their signature, including but not limited
28 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
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1 (3) an electronically scanned and transmitted (for example by PDF document)
2 version of an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Amendment No. 2 is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 2 for all purposes, including but not limited to evidentiary proof in
6 any administrative or judicial proceeding, and (2) has the same force and effect as
7 the valid original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied
12 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Amendment No. 2 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Amendment
16 No. 2 with an original handwritten signature.
17 7. This Amendment No. 2 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 2.
19 8. The Agreement as previously amended and as amended by this Amendment No. 2 is
20 ratified and continued. All provisions of the Agreement as previously amended and not
21 amended by this Amendment No. 2 remain in full force and effect.
22 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
3
FRESNO COUNTY ECONOMIC COUNTY OF FRESNO
4 OPPORTUNITIES COMMISSION
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Emilia Re Reyes, Chief Executive Officer Brian Pacheco, Chairman of the Board of
7 1900 Mariposa Mall, Suite 350 Supervisors of the County of Fresno
Fresno, CA 93721
8 Attest:
Bernice Seidel
9 Clerk of the Board of Supervisors
County of Fresno, State of California
10 /
11 By: _
Deputy
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For accounting use only:
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Org No.: 34309999
14 Account No.: 7295
Fund No.: 0001
15 Subclass No.: 10000
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Exhibit A
Fresno
Economic
Opportunities
Commission
Valley Apprenticeship Connections —Scope of Work
The Valley Apprenticeship Connections—(VAC)began with its Founder, City Councilman
Oliver Baines. Oliver wanted to develop a program that would meet the needs of the union trades
but offer Fresno residents a pathway into the jobs coming into our community. Several meetings
took place with the various union trades. Their input into VAC'S model was critical to the
success of the program for apprenticeship attainment outcomes. Evidence based materials and
approaches have been included to ensure students have the best opportunities to succeed. The
program design was intended to serve those most in need who experience severe barriers to
employment, including those who were once considered unemployable or just left behind.
The VAC program is 12 weeks in duration. Motivational incentives have been built into the
program to reward positive efforts and milestone achievements. Motivational Interviewing
techniques will be used to increase the motivation of people with problems to make necessary
changes, to help students identify and change thought patterns that have negative influences on
behavior.
Thinking for Change: This curriculum has been in place within VAC'S program since the
beginning and has proven to help students retain their jobs, as the VAC has maintained roughly a
90%job retention rate after 90 days. The VAC student's role plays quite a bit especially when
covering topics such as conflict resolution.
Physical Educational:
All students must be willing to participate on a daily basis. Physical education and conditioning,
basic stretching and performing a series of exercises was built into the program design to get
students used to moving and developing their inner core strength. All of this is in preparation for
the Laborers Union—Physical Assessment test, which students must pass with a minimum score
of 75%. The assessment will require students to:
• Move 45 Bricks of brick-lite 30 feet and restack it in the same pattern they picked it up
from in(7-Minutes)
• Move 25 12-foot boards 30 feet and re-stack them in an appropriate manner in (7-
Minutes)
• Using a shovel and a wheelbarrow, a student must shovel pea gravel from a bin into a
wheelbarrow and dump it in another bin 30 feet away until the bin is empty in(8-
Minutes)
• Take a Math Test of 10 questions
Educational Tutoring:
Math skill requirements vary from one union to another. The Laborers union requires an 8th
grade level in math. As a result, the VAC has a tutor on site to assist students with their math
skill sets. Students who test under the 81h grade level must be willing to participate in 1-Hour
tutoring sessions that are conducted after class. The VAC Tutor has had great success in helping
them to achieve the 8th grade math requirements, so long as the student is willing to do the work.
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Exhibit A
Fresno
Economic
Opportunities
Commission
Financial Literacy:
EOC's Access Plus Capital/Self-Help Federal Credit Union will provide students with financial
literacy education. Students need to learn how to manage their money to plan when a project is
completed, college funds for their children, and how to buy a home. Our intent is to open their
minds to new opportunities for their families. Some of our students have earned $72,000 in just 8
months, so money management is very important. Students in need can also receive credit
counseling and other services for those needing to clean up their credit and/or open a bank
account.
Random Drug Testing:
VAC issues all students (2-random drug tests) One during the first 6 weeks and another during
the second phase week 7 or 8. Probation will assist with the testing of the students in the class. If
a student tests positive for substances they must be willing to attend Out-Patient Treatment in
order to remain in the program. We are looking at Turning Point to be the Out-Patient Treatment
provider, which is really great for the students, as most programs will issue drug tests up front,
and if a student has a positive test, they can never access training services. The VAC provides
students with an opportunity to fix the problem. However, out-patient treatment must also be
accessed after class and the student must be willing to participate or they will self-terminate. To
date, all of the students who have agreed to this part of the process have tested clean on their 2"d
test and lab results show the student stopped using substances.
Non-Union & Union Trade Meet & Greets:
One week is dedicated to taking the students directly to the various Union Halls to have an
orientation with the Apprenticeship Training Coordinators so students can decide which pathway
they are most interested in after hearing all of their requirements for entry. During this week
they will visit the Sheet Metal, Laborers, Plumbers &Pipe Fitters, Electrical, Carpenters, Iron
Workers, and Cement Masons and Plasterers union. Some trades offer them a full day on-site to
see what a day in the life of an Iron Worker will look like.
Business Services Account Specialist(BSAS): Conducts job search activities with all students
and begins to develop their resumes. The BSAS will meet with each student individually and
discuss which union trade they want to pursue. At this point the requirements are reviewed and a
plan is put in place and the student will continue to conduct research to determine if they made
an appropriate selection. The BSAS will coordinate job search activities and assignments will be
given.
Union Trades:
The Northern CA Laborers have provided the VAC with a direct entry MOU which means that
all students that successfully complete the program will be placed on a"Direct Entry call list".
The Northern CA Laborers also provide the students of the VAC (Certifications)training so each
student that successfully completes will be certified in:
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Exhibit A
Fresno
Economic
Opportunities
Commission
• OSHA 10-
• First Aide & CPR
• Workplace Safety
• Traffic Safety
• Confined Space
The Valley Apprenticeship Connections will utilize its internal construction monitoring tool
during the job search activities. The monitoring tool provides information on all construction
permits requested through the city. This monitoring tool also provides all contact information on
the Contractor. Information includes, name, address,phone number, description of the work, a
location map and the projected building cost. This tool will allow our Business Service Account
Specialists to connect our student directly with the Contractors that are actively working on
projects throughout the County of Fresno, to increase their ability to become gainfully employed.
It's also important to note that if a student fails the physical assessment with the Laborers on
their first try, students will be able to return after 60 days to try again. Please note the chart
below for wage detail on some of the trades entering their apprenticeship programs:
Starting Apprenticeship Wage Scale
Union Trades Starting Apprenticeship Wages
Carpenters $24.00
Laborers $21.51
Iron Workers $20.50
Cement Masons $25.48
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Exhibit A
Fresno
Economic
Opportunities
Commission
The VAC was designed to meet the recruitment and work ethic expectations and standards of the
Union Trades. Students will be expected to mirror and perform at the same level. For example,
if apprentices show up late with the Union Trades, they are immediately terminated from the
program. If they are late coming back from breaks or lunch hours, they are immediately
terminated from the Union Trades program. Although the VAC takes absences on a case-by-case
basis, students are made aware that absenteeism and tardiness will not be tolerated.
Union Trade Apprenticeship programs for the most part begin at 7:00 am; the VAC training
program similarly begins at 7:00 am until 2pm, Monday- Friday. If students are able to
successfully complete the VAC program they will succeed with the Union Trades apprenticeship
programs.
The VAC would like to request Probation Officers schedule students participating in the
program for their office visits after 2pm, to avoid impacting each student's ability to attain a
perfect attendance certificate.
Construction contractors have hired students quickly who didn't miss a day in their 12 week
duration, and we have several attaining perfect attendance in every graduating class once they
understand the importance of attendance.
Student Eliiibility Standards
Eligibility Standards Check off tool
Be 18 years old
Women are strongly encouraged to participate
No Sex Offenders
Have a valid CA DL and a DMV Printout
Be physically sound to work out in extreme heat and cold
and participate in Physical Education activities.
Reliable transportation- The Bus will not work for students
to be in class by lam.
No on-going court cases that would affect classroom
participation hours.
No medical conditions where pain medications are used on
an ongoing basis. These types of medications will give them
a positive drug test and union trades will not pick them up as
apprentices.
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Exhibit A
Fresno
Economic
Opportunities
Commission
Valley Apprenticeship Connections- Projected Goals and Outcomes
A) 125—Projected to attend program orientations C) The VAC will place 80% of all successful
presentations. VAC projects several students will program completers.
not wish to pursue the training program once they
have a clear understanding of program
expectations.
B) VAC will serve and enroll total of 125 students C) Students will have a Pot-Luck Graduation
in 5-cohorts of 25. Of the 125 who actually ceremony and receive their certificates. The
enroll, the VAC projects some students will self- Laborers Union allows students to carry in 450
terminate. training hours. Once an apprentice reaches 600
training hours they will receive another salary
increment.
VAC Assistant Director:
Amalia Martinez has twenty-two years of experience working in Employment and Training programs.
Ms. Martinez has been operating and managing the Pre-Apprenticeship Program for 3 years. Ms.
Martinez has served the youth, adult and Ex Offender population. She has great ability to be flexible and
adapt to challenging and changing environments. Ms. Martinez has managed complicated situations in a
professional manner. She has a great relationship with construction companies and within the Unions.
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Exhibit B-1 Line-Item Budget for JAG funding
Fresno Economic Opportunities Commission
VAC-Fresno County Probation Program
BUDGET
12/1122-03/31/23
Budget
Revised
PERSONNEL(Salaries and Wages)
Salaries Fringe Benefits
Assistant Director(.05 FTE) $1,524 $444 $ 1,968
Sr.Training Facilitator(.15 FTE) $2,568 $774 $ 3,342
Transitional Support Advisor(.10 FTE) $1,519 $488 $ 2,007
Program Assistant(.05 FTE) $574 $219 $ 793
Training Facilitator(.37 FTE) $5,621 $633 $ 6,254
TOTAL PERSONNEL $ 14,364
OPERATING EXPENSES
Facilities Costs $400 per month x 4 months $ 1,600
Telephone $50/month x 4 months $ 200
Printing/Copying $125/month x 4 months $ 500
Office Supplies $101/month x 4 months $ 404
Insurance $45/month x 4 months $ 180
Mileage/Transportation 300 miles/month x.53/mile x 4 months $ 636
Program Supplies&Client Costs
Dues-Participants 15*students x$485 in dues $ 7,275
Workshop/Classroom Supplies $ 2,969
Training Other-Journeymen Instructors $ 15,500
Transportation/Parking for Students $ 4,000
Program Supplies-Classroom/Uniform $ 7,500
Program Incentives $ 100
Supportive Costs-Other $ 7,500
TOTAL OPERATING EXPENSES $ 48,364
TOTAL DIRECT COSTS $ 62,727
Indirect Costs direct costs x 10%indirect cost rate $ 6,273
TOTAL INDIRECT COSTS $ 6,273
PROJECT TOTAL $ 69,000
*For a cohort of 25 students,it is estimated that 15 students will join a union.Line item reflects union dues for 15 of the 25 students.
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