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FD Paint Recovery Program and Waste Paint Mangagement Services; Amendment 1PC Contract No. 001972 CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT AMENDMENT 1 This Amendment 1 to the Agreement ("Amendment") is made on this /4 day of JQ4, , 2017 by and between the City of San Rafael, a Charter City ("City") and PaintCare Inc., a Delaware corporation having its office at 901 New York Ave NW, Suite 300 West, Washington, DC 20001 ("PaintCare"). Whereas, PaintCare and City entered into the CALIFORNIA ARCHITECTURAL PAINT RECOVERY PROGRAM COLLECTION FACILITY AND WASTE PAINT MANAGEMENT SERVICES AGREEMENT ("Agreement") dated December 2, 2013; Whereas, PaintCare delivered to the City a notice of non -renewal dated October 25, 2016 stating its intention to terminate the Agreement effective January 1, 2017; and Whereas, PaintCare and the City now desire to extend the termination date of the Agreement to March 1, 2017 to allow the parties ample opportunity to negotiate a Restated Agreement. Now, therefore, for and in consideration of the terms of this Amendment and the mutual promises and covenants contained herein, the parties hereto agree as follows. (A). This Amendment shall delete in its entirety ARTICLE 2 — TERM OF AGREEMENT and shall add the following: ARTICLE 2 — TERM OF AGREEMENT 2.1 The Services commenced on the Effective Date and shall remain in full force and effect until March 1, 2017. 2.2 If the Agreement expires or is terminated, unless otherwise instructed by PaintCare, the City, before the end of the term of the Agreement, shall assemble all Collection Containers supplied by PaintCare whether or not full, and shall make them available for pick up at one of the City's Collection Facilities by a Transportation Provider. The parties shall cooperate with each other in good faith to ensure the orderly transition of the Services to any successor Collection Facility. (B). This Amendment is effective as of December 31, 2016. 1 PC Contract No. 001972 ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT REMAIN IN FULL FORCE AND EFFECT. By: A rized Signatory P intCare Inc. 6�� Print Nami 4/aW-064%14 (74'ex( �io5P/ Print Title Date: J5;14. l� 29,17 i ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: e- ROBERT F. EPSTEIN, City Attorney 2 4i'm S. hutz City of San Rafael Jim Schutz Print Name Citv Manaaer Print Title Date: December 21, 2016