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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 7, 2008, <br />by and between ACCO Engineered Systems, Inc., a California corporation ("Contractor") <br />and the City of Santa Ana, a charter city and municipal corporation of the State of <br />California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement #A2007-129, dated June 4, 2007, <br />(hereinafter "said Agreement") by which Contractor has provided maintenance and <br />repair of heating and ventilation systems in City facilities. Said Agreement was <br />amended on June 2, 2008 to extend the term and clarify the compensation. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />increase the compensation and add additional funds for HVAC work to be performed <br />at the WORK Center. <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 Agreement, the parties agree as follows: <br />1. Section 2.a., Compensation, shall be increased by an additional $20,000, with full <br />compensation under said Agreement not to exceed $185,000.00. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to <br />Agreement on the date and year first written above. <br />ATTEST: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />ACCO ENGINEERED SYSTEMS, INC. <br />BY~ (NAME) <br />Lisa Storck, Asst. City Attorney (Title) <br />20A-4 <br />