25L - PREVENTIVE MAINTENANCE AND REPAIRS

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SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 2, 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. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period and 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended under this Agreement shall not exceed $165,000.00, annually, during the term of this Agreement." 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009. 3. 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ACCO ENGINEERED SYSTEMS, INC. By: (NAME) Laura Sheedy, Asst. City Attorney (Title) 25L-3