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10-038 First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This is the First Amendment to the "Agency Agreement for Countywide Household Hazardous Waste Collection Program," (AGREEMENT) by and between the City of Cupertino (CITY) and the County of Santa Clara, (COUNTY), which was effective on July 1, 2009. The COUNTY and the CITY agree that: 1. Section 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full as set forth in Exhibit A, attached hereto and incorporated by reference herein. Except as amended herein, all terms and conditions of said AGREEMENT and the Amendment thereto shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CITY through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the date shown below: COUNTY OF SANTA CLARA CITY OF CUPERTINO Signature: Signature: 1 ( / / / (/ Kevin O'Day Name: r:5 (A9 R t.. . Acting Director of Department of Agriculture and � Environmental Management Title: Date: ('"t 1C. Date: �/ ;'o /, 0 APPROVED AS TO FORM AND LEGALITY APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE ,.., / ,z-1.-7- A Elizabeth G. Pianca SyIvya/Cl Deputy County Counsel Deputy County Executive Date: o / ,A.. - /mac• sc.) Date: • .-7 //`--) EXHIBIT A 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door -to -door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $10,000 for a total additional augmentation of $63,000 to the Countywide HHW Program during Fiscal Year 2010 for the purpose of increased resident participation above the 4% service level at the scheduled collection dates listed in Attachment C. Augmentation will be calculated at the Variable Cost Per Car rate which is $67.00 per car. Other services will be charged based on a cost recovery basis. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.