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FIFTH AMENDMENT TO AGREEMENT <br /> THIS FIFTH AMENDMENT, made and entered into this 5"' day of July, 2010, by and between ACCO <br /> Engineered Systems Inc, ("Consultant") and the City of Santa Ana, a charter city and municipal corporation <br /> duly organized and existing under the Constitution and laws of the State of California ("City"), <br /> collectively referred to herein as "the Parties". <br /> RECITALS: <br /> A. The Parties entered into Agreement #A-2007-129, dated June 4, 2007, hereinafter referred to as <br /> "said Agreement", for the preventive maintenance and repair of ventilation systems at various <br /> City facilities. <br /> B. The Parties hereto now desire to extend the term and provide additional Compensation to pay <br /> for services during the extended term. <br /> WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br /> contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the <br /> parties hereto do hereby agree as follows: <br /> 1. Section 2.a. <br /> COMPENSATION, shall be amended to increase com ensation b $165 000.00 <br /> p , <br /> Y <br /> to pay for services during the FY 2010-1 lterm. <br /> 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2011. <br /> 3. Except as herein amended all terms and conditions of said Agreement shall remain in full force and <br /> effect. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to said Agreement the <br /> <br /> date and year first above written. <br /> ATTEST: CITY OF SANTA ANA <br /> MARIA D. HUIZAR DAVID N. REAM <br /> Clerk of the Council City Manager <br /> APPROVED AS TO FORM: <br /> JOSEPH W. FLETCHER ACCO ENGINEERED SYSTEMS <br /> City Attorney <br /> By: <br /> Laura Sheedy STEPHEN J. SMITH <br /> Assistant City Attorney Vice President <br /> 25B-3 <br /> <br />