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INSI1RAi&L UN FILE <br />WORK MAY PROCEED <br />' INTIL INSl1RANCE EXPIRES <br />A-2007-278-o2 <br />CLERK bF COUNCIL <br />DATE JUL 302011(" <br />SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 30, 2010, by <br />and between, WellDyne/RxWest ("Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2007-278, dated December 3, 2007, (hereinafter "said <br />Agreement") by which Contractor has provided services necessary to ensure used medical <br />needles ("sharps") are collected and disposed of in safe and sanitary manner. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />City reimbursement rates and extend the term of said Agreement to continue to provide <br />medical sharps disposal services. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Second Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 3, TERM, shall be amended to extend the termination date to the date that allocated <br />funds have been expended. <br />2. Section 4, COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"CITY shall deliver to CONSULTANT, subject to CONSULTANT's submittal of the <br />information required by Section 1, moneys calculated at the following rate: <br />A. $21.16 for each of the first three Sharps containers obtained by each <br />individual participant during a one year period. <br />B. $10.58 for each additional (4 or more) Sharps container obtained by each <br />individual participant during a one year period. <br />CONSULTANT shall be compensated for its services pursuant to the agreement between <br />CONSULTANT and Sharps Compliance, Inc. City will not be responsible for <br />compensating CONSULTANT for its services. <br />Total compensation to be paid for reimbursements under this Agreement shall not exceed <br />$60,000, during the term of this Agreement." <br />3. Exhibit A shall be deleted in its entirety and replaced with Exhibit A-1, attached hereto and <br />incorporated by this reference. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />/// <br />