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FOURTH AMENDMENT TO AGREEMENT <br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on May 4, <br />2009, by and between ACCO Engineered Systems, Inc., a California corporation <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of 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. <br />B. By Amendment dated February 4, 2008, said Agreement was amended to include <br />additional services and increase compensation to pay for those services. <br />C. Said Agreement was again amended on June 2, 2008, to extend the termination date <br />and increase compensation to pay for services during the extended term. <br />D. Said Agreement was amended for a third time, to provide for emergency repair to the <br />McFadden library and increase compensation to pay for those repairs, by Amendment <br />dated July 7, 2008. <br />E. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term for an additional one-year period and increase compensation to <br />provide for continuous services during the term of said Agreement. <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 />Fourth Amendment to Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be amended to increase compensation by <br />$165,000.00 to pay for services during the FY 2009-10 term. <br />2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2010. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />// <br />// <br />25F-3 <br />