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8 ORIGINAL AMENDMENT NO.1 AND RESTATEMENT OF AGREEMENT FOR INFORMATION TECHNOLOGY SUPPORT BETWEEN THE CITY OF REDWOOD CITY AND THE CITY OF BURLINGAME This Amendment No.1 and Restatement is entered into and effective as of the 1lliL day of Septemb~r2003, amending and restating the Agreement for Information Technology Support between the City of Redwood City and the City of Burlingame (the "Agreement") dated February 23, 1999 by and between the cities of Redwood City ("Redwood City") and Burlingame ("Burlingame"). RECITALS WHEREAS, on February 23, 1999, the Parties entered into the Agreement, which became effective on July 1, 1998, for a term through June 30, 1999, and is renewable on a year-to-year basis for each fiscal year from July 1 st through June 30th; and WHEREAS, the Parties have renewed the Agreement on a year-to-year basis and adjusted Burlingame's hourly commitment and Redwood City's hourly rate annually per a signed letter between Redwood City and Burlingame and WHEREAS, the Parties desire to restate the terms and conditions of, and those services described in, the Agreement, which is attached hereto as Exhibit "I"; and WHEREAS, the Parties have negotiated and have renewed the Agreement for 2003-2004, and have agreed to a supplemental scope of work and fee schedule (Exhibit H), which is attached to and incorporated by this reference. NOW THEREFORE, the Parties agree as follows: 1. That the services described in the Agreement are restated, and that Redwood City will provide those services described in Exhibits (A-H). 2. That this Amendment and the Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 3. In case anyone or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the provisions which shall remain in full force and effect. 4. Any controversies between Redwood City and Burlingame regarding the construction or application of the Agreement, as may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one F :Attyl Ag rl AmendBurtingame 1 082603