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FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT is entered into on June 1, 2009, by <br />and between ACCO Engineered Systems, Inc., a California corporation ("Contractor") and the <br />City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement #A2007-129, dated June 4, 2007, (hereinafter <br />"said Agreement") by which Contractor has provided maintenance and repair of heating and <br />ventilation systems in City facilities. <br />B. By Amendment dated February 4, 2008, said Agreement was amended to include additional <br />services and increase compensation to pay for those services. <br />C. Said Agreement was amended on June 2, 2008 (2°d Amendment) and again May 4, 2009 <br />(Fourth Amendment), to extend the termination date and increase compensation to pay for <br />services during the extended terms. <br />D. In accordance with the terms and conditions of said Agreement, the parties wish to increase <br />compensation to pay for additional services required at the Bowers Museum. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Fifth Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be amended to increase compensation to be paid <br />during the 2008/09 fiscal year by $24,200.00 to pay for repairs of three air fan units and <br />installation of variable speed drives at the Bowers Museum, as approved by the Executive <br />Director of FMSA. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement <br />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 />(NAME) <br />(Title) <br />25G-3 <br />