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<br />ORIGINAL <br /> <br />AMENDMENT NO.2 TO AGREEMENT FOR BAY SPAN SERVICES <br />[Bay Span, Inc.] <br /> <br />This Amendment ~0.2 is entered into and effective as of the ~ day of <br />ahj~/, , 200. amending the Agreement for Bay Span Services, by and <br />between the City of Redwood City, a charter city and municipal corporation of the State <br />of California ("City") and Bay Span, Inc. a Corporation ("Bay Span") (collectively, the <br />"Parties") <br /> <br />RECITALS <br /> <br />A. On or about April 30, 2005, the Parties entered into the Agreement by <br />which Bay Span, Inc., would provide temporary labor and administrative management <br />for temporary workers. <br /> <br />B. On or about May 23, 2005, the term of said Agreement was extended to <br />December 31,2005, by the Parties entering into Amendment NO.1. <br /> <br />C. The Parties desire to further amend the term of said Agreement and to <br />amend the Indemnification and Insurance provisions contained therein. <br /> <br />NOW, THEREFORE, the Parties hereto mutually agree: <br />That paragraphs 3, 11, and 12 of said Agreement be amended to read as <br />follows: <br /> <br />3. Term. Unless earlier terminated, the term of this Agreement will be <br />effective for the period up to including June 30, 2006. <br /> <br />11. Indemnification. Bay Span agrees to indemnify and hold City and its <br />officers, agents, employees and volunteers harmless from and against all claims, <br />damages, losses and expenses including reasonable attorney fees accruing or resulting <br />to any and all persons, firms or other legal entity on account of any injury damage or <br />losses to persons or property arising out of Bay Span's performance or non- <br />performance of obligations under this agreement to the extent Bay Span is found liable <br />for such damages. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's <br />self-administered workers' compensation is included as a loss, expense or cost for the <br />purposes of this section, and that this section will survive the expiration or early <br />termination of the Agreement. <br /> <br />City acknowledges and agrees that Bay Span will not be responsible for and will have <br />no control over the general safety or other conditions under which personnel placed by <br />Bay Span will be working at City's premises. Not withstanding, Bay Span maintains <br />coverage of the workers compensation insurance for their employees. <br /> <br />Atty/Agr/2005/Amend.Bay Span NO.2 <br />072205 <br /> <br />1 <br />