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AMENDMENT NO. 1 Contract for the Recycling Services —Drop Off Center and City Facilities Green Guy Recycling, Inc. The City of San Marcos, (the "City "), 630 E. Hopkins, San Marcos, Texas 78666 and Green Guy Recycling, Inc. (the "Contractor "), 937 Highway 80, San Marcos, Texas 78666 agree to amend the original contract for the operation of a recycling center and the provision of recycling material pick up from City facilities effective May 5, 2009 (the "Contract "). A) Add Section 1.3.2 to authorize the City to utilize the Contractor's personnel for the operation of the City's Household Hazardous Waste Facility to read as follows: 1.3.2 Contractor's Personnel For a period of two years from the date of this amendment and subject to the same provisions of termination as included in the original agreement: A. The Contractor will provide two employees (the "employees ") to operate the City's Household Hazardous Waste ( "HHW ") Facility (the "Facility "). The City's Facility is scheduled to be in operation for 16 hours per week and the employees will work shifts staffed by both employees for up to 16 hours per week per employee (for a not to exceed total of 32 paid hours per week, except while attending training). In addition, at the City's direction, the employees may operate the Facility on four separate Saturdays per year (up to 64 total hours per year). The aforementioned work schedules are subject to change based on the needs and requirements of the City with prior notice to the Contractor. B. The City will be responsible for ensuring that the Contractor's employees receive mandatory training (40 hours of Hazwoper Training and /or 8 hours of an annual eight hour refresher Course) at the City's expense. C. The City will provide all personal protective equipment necessary for the employee's performance of services at the City's expense. In additional, the City will provide operating supplies and equipment at its expense for the Facility area. D. While operating the Facility on behalf of the City, the employees will be under the direct supervision of the City's Public Services Program Coordinator (the "Coordinator ") or the Coordinator's designee, however, the Contractor's employees are not considered City employees and will not receive compensation or benefits (vacation, sick leave, retirement, insurance, etc.) from the City. The Contractor is required, at all times, to ensure that all employees provided to the City are adequately covered by Workers' Compensation, General Liability and Automobile insurance coverage in accordance with the Contract. PDF Convert 1681.1 Amendment_# I_ to_(ireen_Uuy_Contract_5 -1 1 -11 docContract (5/2010)