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HomeMy WebLinkAbout25K - HAZARDOUS MATERAIL EMERGENCY RESPONSE SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEL~NT FOR HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES `/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2n`~ Reading ^ implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached second amendment to agreement with Allied International Emergency, LLC., to increase the compensation by an amount not to exceed $60,000, subject to non-substantive changes approved by the City Manager and City Attorney, for hazardous materials emergency response services for the City of Santa Ana. DISCUSSION In July, 2007, the City of Santa Ana began using Allied International Emergency for hazardous materials emergency response services for oil spills and hazardous materials cleanup. These services are used by various City Agencies, including the Police Department and Fire Department. At the July 7, 2008 meeting the City Council approved the first amendment to this agreement to extend these services for an additional year. The City is currently in the process of selecting a new vendor to provide these services. During this interim time, Allied International Emergency will continue providing uninterrupted cleanup service to the City. The amendment will increase the original agreement by $60,000 to allow for payment of current and outstanding invoices. 25K-1 Agreement for Hazardous Material Emergency Response Services November 2, 2009 Paqe 2 FISCAL IMPACT Funds are available in the Police and Fire Department, Other Contractual Services account (account no. 01114420-62300 and 01115330-62300). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ ~~~~ ~ C~2~ -- Marc E. Martin Fire Chief Fire Department 25K-2 SECOND AMENDMENT TO AGREEMENT THIS SECO'v'D AMENDMENT TO AGREEMENT, is entered into on 2009. by and between Allied International Emergency, LLC. a (hereinafter "Consultant') and the City of Santa Ana, a charter cite and municipal corporation of the State of California (hereinafter "C itv" ) RECITALS: .~~. Cite and AllCorp Partners Acquisition d big AMX Environmental Evolution, Ltd., a Texas Limited Partnership (hereinafter "AMX")entered into Agreement N-2007-08~, dated July 1, 2007, {hereinafter "said Agreement') by which AMX provided and performed hazardous materials emergency response and remediation services. B. B} a First .-lmendment to Agreement A-2008-181, dated July 7, 2008. City and AMX agreed to increase the amount of compensation available for services provided pursuant to said Agreement to an amount not to exceed $60,000.00. C. B~~ an .-assignment and Assumption Agreement A-2008-181-01, dated August 4, 2008, AMX assigned all rights, title. and interest in and to said Agreement to Consultant, and further delegated to Consultant all its duties and obligations of performance of said Agreement, and Consultant accepted the assignment and agreed to assume and perform all AMX's duties and obligations under said agreement. D. In accordance with the terms and conditions of said Agreement, City and Consultant (hereinafter "the parties") wish to add compensation to allow for uninterrupted services. 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 increase the compensation by an amount of $60,000.00, for a total not to exceed amount of $120,000.00, during the term of said Agreement. ?. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full tierce and effect. ~, 25K-3 IN ~"ITNESS WHEREOF, the parties hereto have executed this Second Amendment to A`7reement on the date and year first written above. ATTEST: MARL-~ D. HUIZAR Clerk of the Council APPROVED AS TO FORM: .IOSEPH W'. FLETCHER Cite Attorney Bv: TERESA L. JUDD Deputy City Attorney CITY OF SANTA ANA DAVID ~I. REAM City Manager ALLIED INTERNATIONAL EMERGENCY, LLC (NAME ) (TITLE) 25K-4