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SECOND AMENDMENT TO <br />CONSULTANT AGREEMENT <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered <br />on January 4, 2010, by and between the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ( "City ") and Environmental Engineering and <br />Contracting, a California corporation ( "Consultant"). <br />RECITALS: <br />A. The parties entered into Agreement # A- 2007 -245, dated November 5, 2007, <br />(hereinafter "said Agreement ") by which Consultant has inspected food service <br />establishments for compliance with the City's Fats Oil and Grease Control <br />Program. <br />B. In accordance with the terms and conditions of said Agreement, the parties <br />wish to extend the term of said Agreement for an additional six -month period <br />and provide compensation for the services during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Consultant Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with <br />the following: <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified Consultant's Fog Program Cost Estimate and <br />Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be <br />expended under this Agreement shall not exceed $90,000.00, during the six -month <br />term from January 1, 1020 to June 30, 2010." <br />2. Section 3, TERM, shall be amended to extend the term for an additional six - <br />month period, through June 30, 2010. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />// <br />// <br />25C -3 <br />