ALL CORP PARTNERS ACQUISITION DBA AMX ENVIRONMENTAL EVOLUTION, LTD. 1-2007

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~ INSURANCE ON FiLE WORK MAY PROCEED UNTIL INSURANCE EXPIRE; 4~/-or; we: 1/-1 -07 CLEHK OF COUNCIL O.AJE: !--/?-07 0: File (2) 14iC.nori Bu(~" N-2007 -085 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this / day of July, 2007 by and between AIICorp Partners Acquisition d/b/a AMX Environmental Evolution, Ltd., a Texas Limited Partnership (hereinafter "AMX"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to establish procedures by which it may expeditiously engage the services of a Consultant to perform hazardous materials emergency response services, oil spill response, engineering, consulting, and remediation services; and B. AMX represents that it is able and willing to provide such services to the City. C. In undertaking performance of this Agreement, AMX represents that it is knowledgeable in its field and that any services performed by AMX under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES AMX shall provide emergency response mitigation services for incidents involving hazardous materials clean up, including blood or biological waste clean up, oil spill response, engineering, consulting and remediation services for the City. Said clean up shall be provided in response to a call out from the City Police, Fire or Public Works Agency, and in compliance with AMX Standard Operating Procedures, set forth at Exhibit A, attached hereto. City shall initiate a Work OrQer by calling AMX's 24-hour emergency response telephone number (800-421-4911), or local office and identify the general scope, location and nature of the services requested. After receipt of such telephone call, an AMX on-call supervisor will be contacted and will call the City to advise of AMX's response schedule. For emergency and non-emergency work, as soon after telephone notification as possible, and no later than 24 hours thereafter, City shall deliver an executed Work Order to AMX either in person or by telephone facsimile transmission. Failure by the City to submit a written Work Order in accordance with this section will not alter the obligation of any party under the terms and conditions of this contract.