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<br />Amendment No. 2 to Agreement No.D99-128 <br /> <br />WHEREAS, the PARTIES desire to extend the term of the AGREEMENT for two <br /> <br />2 <br /> <br />(2) years to be consistent with the end of the current phase of the Nitrogen and <br /> <br />3 <br /> <br />Selenium Management Program and to recognize prior payments for services made directly <br /> <br />4 <br /> <br />by CALTRANS and IRWD, for work plan development and Bay algae studies respectively, as <br /> <br />credits in the 2008-09 program budget. <br /> <br />5 <br /> <br />6 <br /> <br />NOW, THEREFORE, in consideration of the foregoing, it is agreed by and <br /> <br />between the PARTIES hereto that the AGREEMENT shall be amended as follows: <br /> <br />7 <br /> <br />Section 1. Each and all of the provisions of the AGREEMENT remains in <br /> <br />full force and effect, except that all references to Resources and Development <br /> <br />Management Department or RDMD shall be amended to OC Public Works and Section 2 and <br /> <br />8 <br /> <br />9 <br />10 <br />11 <br /> <br />Section 4 are amended in their entirety, as follows: <br /> <br />Section 2. Section 2 of the AGREEMENT, entitled "TERM", shall be amended <br /> <br />12 <br />13 <br /> <br />to read in full as follows: The term of this AGREEMENT is extended for a two-year <br /> <br />period, commencing on July 1, 2008 and continuing to and including June 30, 2010, <br /> <br />unless sooner terminated as provided in Section 8. <br /> <br />14 <br /> <br />Section 4. Section 4 of the AGREEMENT, entitled "PROGRAM BUDGET AND COSTS" <br /> <br />15 <br />16 <br /> <br />shall be amended to read in full as follows: The COUNTY shall submit a scope of work <br /> <br />and a budget for the following fiscal year to each of the PARTIES by February 15 of <br /> <br />17 each year. The budget shall contain an explanation of any recommended program <br /> <br />18 changes, an estimate of all planned expenditures and an estimate of the payment <br /> <br />19 <br /> <br />required from each PARTY for the following fiscal year. <br /> <br />For the State of California <br /> <br />20 <br /> <br />budgeting requirements, CALTRANS' contribution shall not exceed $150,000 or five <br /> <br />percent (5.0%) of the total budget costs, whichever is less, for each fiscal year <br /> <br />21 <br /> <br />during the term of the AGREEMENT. <br /> <br />If CALTRANS contribution would be greater than <br /> <br />22 <br />23 <br />24 <br /> <br />$150,000 for a given fiscal year, the amount over $150,000 ("EXCESS AMOUNT") shall be <br /> <br />cost-shared as described in Section 2 of AMENDMENT 1, with the exception that for such <br /> <br />EXCESS AMOUNT, the ORIGINAL COST ALLOCATION shall be ninety-three percent (93%) and <br /> <br />25 CALTRANS contribution shall be zero percent (0%). <br /> <br />26 <br /> <br />The PARTIES shall be permitted to review and approve the program scope of <br /> <br />work and budget for the forthcoming year. Criteria for approval shall be affirmative <br /> <br />25F-42 <br />