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INSURANCE ON FILE A- 2009 -184 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL SECOND AMENDMENT TO AGREEMENT <br />n ATF: ` _ $ - t v <br />THIS SECOND AMENDMENT TO AGREEMENT, is entered into on December 9, <br />2009, by and between Allied International Emergency, LLC, a Texas Limited Liability ompany <br />(hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of <br />S the State of California (hereinafter "City "). <br />1 <br />RECITALS: <br />A. City and AllCorp Partners Acquisition d/b /a AMX Environmental Evolution, Ltd., a Texas <br />m Limited Partnership (hereinafter "AMX ") entered into Agreement N- 2007 -085, dated July 1, <br />d 2007, (hereinafter "said Agreement ") by which AMX provided and performed hazardous <br />V materials emergency response and remediation services. <br />B. By a First Amendment to Agreement A- 2008 -181, dated July 7, 2008, City and AMX agreed <br />to increase the amount of compensation available for services provided pursuant to said <br />Agreement to an amount not to exceed $60,000.00. <br />C. By an Assignment and Assumption Agreement A- 2008 - 181 -01, dated August 4, 2008, AMX <br />assigned all rights, title, and interest in and to said Agreement to Consultant, and further <br />delegated to Consultant all its duties and obligations of performance of said Agreement, and <br />Consultant accepted the assignment and agreed to assume and perform all AMX's duties and <br />obligations under said Agreement. <br />D. In accordance with the terms and conditions of said Agreement, City and Consultant <br />(hereinafter "the parties ") wish to add compensation to allow for uninterrupted services. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to <br />all the terms and conditions of said Agreement, except those amended in this Second <br />Amendment to Agreement, the parties agree as follows: <br />Section 2, COMPENSATION, shall be amended to increase the compensation by an amount <br />of $60,000.00, for a total not to exceed amount of $120,000.00, during the term of said <br />Agreement. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Agreement on the date and year first written above. <br />ATTEST: CITY OF S A AN <br />MARIA D. HUIZAR DAVID N. REAM <br />Clerk of the Council City Manager <br />