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A-2012-018-01 { L? lj AMENDMENT TO AGREEMENT WITH GROWTH SECTOR, INC. 4 UNDER THE WORKFORCE INVESTMENT ACT 14 THIS AMENDMENT, made and entered into this 22"" day of April 2013, by and between the City lz' of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and Growth Sector, a 501 (c)(3) non-profit corporation ("Contractor"). RECITALS A. The City and Contractor entered into that certain Agreement Under the Workforce Investment Act dated for V reference purposes as of February 6, 2012, (Agreement #A-2012-018) hereinafter referred to as "said Agreement". 0 Vj B. The parties hereto now desire to amend certain terms of said Agreement along with updated Exhibits A p (Scope of Work) and E (Budget and Budget Narrative), however the overall contractual obligation shall not change. 1 WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and U made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: U 1. Section I "Contractor's Obligations" shall be amended as follows: A. CONTRACTOR agrees to act as the Project Liaison for the H-IB Technical Skills Training Grant, Orange County Bridge to engineering with the City of Santa Ana Workforce Investment Area, hire the student support specialists, coordinate on the job training among employer and education partners, convene instructional design team in addition to the activities outlined in the updated Scope of Work (Exhibit A-1) which includes the Letter of Commitment from the H-1 B application to the Department of Labor, and activities outlined in updated Budget Narrative (Exhibit E-1). Said exhibits are attached hereto and incorporated herein by this reference. CONTRACTOR'S failure to ffevide said seRiees may be grounds fer CITY to CONTRACTOR RgFeeS and aeknewledges that it will be pa id in A -seordaneev, ith meeting the milestones and p .icing the deliyeFables as set a h . Exhibit r~ b K. Fneet the milestenes and IiFevisien ef the deliverables as Fefleeted in Exhibit A. Payment by th-a City shall be within thiny (30) days fellewing meeipt of said iffi,Oiee subjeet to City itee0iifiting precedufes. Should CONTRACTOR fail to deliver said deetiments to CITY, CITY shall have the option to eaneel this Agfeement by giving CONTRACTOR ten (10) days wfitten notiee themef. CONTRACTOR agrees to complete a monthly InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act.