ACCO ENGINEERED SYSTEMS, INC. 4D - 2009

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f.`;U"FANCE GN FILE 1r ORK MAY PROCEED Tl!_ INSURANCE FXP!Rr LERK OF COUNCIL. JUN 1 6 VU RTH AMENDMENT TO AGREEMENT 1J THIS FOURTH AMENDMENT TO AGREEMENT is entered into on May 4, p 2009, 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 �*a State of California ("City"). - RECITALS: v 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. By Amendment dated February 4, 2008, said Agreement was amended to include additional services and increase compensation to pay for those services. C. Said Agreement was again amended on June 2, 2008, to extend the termination date and increase compensation to pay for services during the extended term. A-2009-048 D. Said Agreement was amended for a third time, to provide for emergency repair to the McFadden library and increase compensation to pay for those repairs, by Amendment dated July 7, 2008. E. 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 Fourth Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $165,000.00 to pay for services during the FY 2009-10 term. 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2010. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. H H