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FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 4, 2008, by and between ACCO Engineered Systems, Inc., a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement #A2007-129, dated June 4, 2007, (hereinafter "said Agreement") by which Contractor has provided maintenance and repair of heating and ventilation systems in City facilities. B. Due to costs of unanticipated repairs required at the Santa Ana Police Administration and Holding Facility, the compensation available for on-going inspections, maintenance and repair has been depleted. C. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to provide for continuous services during the term of said Agreement. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $92,000 for a total not to exceed amount of $257,000.00 during the term of said Agreement. 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 First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Atto ey By L a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. (NAME) y on+aj o /i ~ (Title) ,y~njar ~i~BG~/1i~atRsyBr' ~I~/~ 25E-3