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WORK MA� C� ERK ,- r A-2009-165 �'TF-NOV L�009 SECOND AMENDMENT TO AGREEMENT ' THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 5 2009, by and between PDS Technical Services, a California corporation ("Consultant") 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 ("City"). RECITALS: _7? U A. The parties entered into that certain Agreement A-2005-266, dated November 7, 2005, (hereinafter "said Agreement") by which Consultant has provided on -call technical and engineering labor services. B. In accordance with the terms and conditions of said Agreement, the parties wish to continue providing services pursuant to said Agreement and to provide additional compensation to pay for the services provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to provide an additional $150,000 for additional services to be provided at the rates and charges set forth in Exhibit A to said Agreement. The total amount to be expended pursuant to said Agreement shall not to exceed $450,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Byrd L ra eedy — Assistant City Attorney PDS TECHNICAL SERVICES DJ Ef,4GLERT Branch Manager