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,: RECEIVED FEB 8 2006 CASS COUNTY COMMISSION AMENDMENT TO THE PERSONAL SERVICE CONTRACT The State of North Dakota, acting through its Department of Agriculture ("State"), and Onyx Environmental Services, LLC. ("Contractor"), previously entered into a personal service contract effective January 1, 2005 and terminating on the December 31,2005. The contract was amended on December 16, 2005 to extend the contract term to terminate on January 31,2006. The contract incorporated the 2005 Request for Proposal ("RFP") Number 602- 05-01 and made it part of the contract Section 4.01 of the RFP gives the state the right to execute up to two options to renew the contract under the same terms and conditions for a period of twelve months each. The parties wish to execute the first of the two options to renew the contract for a twelve month period. The state provided written notice to the contractor of its intent to renew thirty days prior to the scheduled expiration date. The parties mutually agree to renew the contract for a period of 12 months and amend the contract as follows: 1. TERM OF CONTRACT This contract is effective from the date signed by both parties until January 31, 2007. This contract may be renewed upon satisfactory completion of the initial contract term. State reserves the right to execute up to two options to renew this contract annually under the same terms and conditions for successive terms of length as mutually agreed upon. This contract will not automatically renew. The State will provide written notice to the contractor of its intent to renew this contract at least 30 before the scheduled contract expiration date. 3. COMPENSATION Department agrees to pay Contractor $59,688.33 for 16 sites for "Mobilization Costs" and $.85 lb. for Waste. Department will pay based upon actual services completed according to the following schedule and upon receipt of invoice: A. Contractor will first receive compensation for Mobilization Costs, which will be paid upon: (1) Completion of all collection events and submission of the required documents pursuant to paragraph 36 entitled "Waste Records, Packaging and Storage";